Lowells - County Court Business centre - Statute barred debt?!

[Feltpython]

Hi guys. Anybody able to offer some help on this?!

[Feltpython]

Amethyst MIKE770

[Amethyst]

Ok prepare your defence based on the example, https://legalbeagles.info/library/gu...-court-claims/ , leave the cca request parts in as it may be a device loan ( iPhone & iPad ) as well as an airtime contract ( it's quite a high amount to just be airtime ) ... say it's statute barred ( last payment date just over 6 years before claim issued and they haven't plead default notice issued in their claim )

post a draft up and we can give you a hand refining it xx

anything from Orange on your SAR?

[Feltpython]

Thankyou! Will do later this evening as at work now, appreciate it very much.

No no reply from the SAR.

[Feltpython]

In the Northampton County Court Business Centre

Claim No: XXXXX

Lowell Portfolio LTD
Claimant

And
XXXXX
Defendant


DEFENCE


1.The Defendant received the claim XXXXX from the Northampton County Court on the XXX August 2019

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a device purchase loan agreement and airtime regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Orange for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years and the Defendant has not plead a default notice in their claim.

8.The Claimants statement of case states that the account was assigned from Orange to Lowell Portfolio LTD on the XXXXXXX. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Orange served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the XXXXXXXThe Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Lowells Solicitors LTD has not sent all of these documents to the Defendant.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[Feltpython]

Amethyst How does that look? I had to omit a couple i things i thought not relevant but hope i got it near enough. The XXXX's hide personal data but are correct dates, numbers etc.

[Amethyst]

Okay good start - let me have a fiddle with it a bit later ( have to nip out for a bit but I'll have a work on it before 4 ) Para 7 doesn't want to mention the default notice bit as that's something they should argue first (ie don't prompt them to argue something )…

Also were there any issues with the service/account with orange other than you stopped paying it?

[Feltpython]

Great thankyou.

No was no issues im afraid that i can remember.

[Amethyst]

That's ok - sometimes it can help personalise the defence a little xx

[Amethyst]

In the Northampton County Court Business Centre



Claim No: XXXXX

Lowell Portfolio LTD

Claimant

And

XXXXX

Defendant



DEFENCE



1.The Defendant received the claim XXXXX from the Northampton County Court on the XXX August 2019




2. The Claimant's statement of case states that the Defendant entered into an agreement with Orange under account number $"£$"£"£$ ( the agreement).

3: The Defendant has previously purchased products and services from Orange however this appears to be an account entered into 7/8 years ago and no longer holds any details. He is unaware of an outstanding debt owed to Orange, no statements or breakdown of the sums being claimed has been provided.


4: The Defendant believes it may have been 2011 or 2012 however very little information has been provided by the Claimant and the Defendant is unable to plead effectively.



5. The Defendant has requested the Claimant allow inspection of documents mentioned in their statement of case, pursuant to CPR 31.14, and on which their claim relies. The Claimant has not provided a copy of any agreement nor evidence of termination or default.


6.The Claimant pleads that the Defendant failed to maintain the required payments. The agreement is required as evidence that it was indeed entered into, the date entered into and the terms under which it was entered into.


7. The Claimant's statement of case states the agreement was assigned to the Claimant on 22.9.2014 and notice given to the Defendant. The Defendant does not recall receiving any such notice, however the Claimant has provided a copy of a notice alleged to have been sent in October 2014. The notice produced has been sent by the Claimant and not by the original creditor, Orange.




8. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years and the Defendant has not plead a default notice in their claim. The Defendant is unable to plead effectively without further information however believes the last communication with Orange would have been in May or June 2013 as he travelled overseas in August 2013.


9. The Claimants statement of case refers to the agreement being terminated by Orange, however fails to give any date of termination or any process followed prior to termination.



10.It is denied that Orange served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.


11. The Claimant has failed to comply with a formal request for a copy of the agreement made pursuant to s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


13.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.


14.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.


16.It is denied that the Claimant is entitled to the relief as claimed or at all.





Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[Feltpython]

Wow,

I literally gasped reading that and how good that is!!

Words cannot describe my gratitude for your help.

Very humbled right now.... Thankyou!

[Feltpython]

Just a quick one tho, is paragraph 8 correct?

"Defendant has not plead a default notice in their claim"

[Amethyst]

Nope, I'm sure I took that out... sneaky bit crept back in... yes, leave it off.

And no worries, just glad you checked it back over properly !

[Feltpython]

Haha, no probs, appreciate it

[Feltpython]