• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court claim paperwork received

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • rusty2009
    started a topic Court claim paperwork received

    Court claim paperwork received

    Good evening.

    Yesterday I got court claim paperwork, I've had no pre court claim letter.
    The debt is for a catalogue which at first I couldn't remember about.

    Going back through bank statements I can see my last payment to them was in January 2013.

    Now if I've done my research correctly that means that if you allow the 6 months for the original creditor to register a default that would take it to July 2013?
    There has never been a default on my credit file for this debt up until the end of last month Oct 2019 when Lowell added it.

    Would this debt be statute barred as I believe it is?

    If so how do I fill in the N9B to defend the claim as statute barred?

    Many thanks in advance.
    Tags: None

  • rusty2009
    replied
    Originally posted by Amethyst View Post
    Okay, put your defence in, minus paragraph 4 and 7 - threre's enough there for now with the failure to comply with the s.78 request and no default notice.Â* But if they come up with the documents you will need to be prepared to negotiate a settlement.
    Thank-you I shall submit the amended defence Sunday.

    Leave a comment:


  • Amethyst
    replied
    Okay, put your defence in, minus paragraph 4 and 7 - threre's enough there for now with the failure to comply with the s.78 request and no default notice.Â* But if they come up with the documents you will need to be prepared to negotiate a settlement.

    Leave a comment:


  • rusty2009
    replied
    Amethyst I've just been back over all the bank statements & have found all payments up-to 9/2014 the reason I didn't find them before was because it changed from shop direct to very so the search didn't pull them up.

    So this debt won't be barred so whats the best way to proceed with this?

    Still defend along the lines of no CCA or notice of termination?

    Leave a comment:


  • rusty2009
    replied
    Thank-you Amethyst, not a problem I know your busy with other threads and personal life.

    I'll remove that part thank-you.

    To answer your questions they are saying a payment sometimes 2 were made every month from my last payment in Jan 2013 up to 09/2014.

    Nothing was ordered since the last payment in 2013, but the account shows things being ordered up until the 24/5/14 (I wonder if these are buy now pay later items).

    Leave a comment:


  • Amethyst
    replied
    Sorry Rusty, I'd missed your previous post.

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

    Leave the paragraph out completely for now. Â*

    Otherwise it's good Â*

    Last payment date is 02/09/2014Â* - but your last record of payment is January 2013 - on the statements they have sent can you see any payments made between Jan 2013 and Sept 2014 ? How much is the Sept 2014 payment for ?Â* When was the last purchase on the account that you can see from the statements and do you recognise what it was?

    Leave a comment:


  • MIKE770
    replied
    if due by sunday then you will have to Monday 4 p.m. to file it as weekends do not countÂ*

    Leave a comment:


  • rusty2009
    replied
    Amethyst could you please advise RE the defence I posted please as I need to file it by Sunday?

    Many thanks Rusty.

    Leave a comment:


  • rusty2009
    replied
    Amethyst I've just had another letter from Lowell basically saying they confirm receipt requesting details & a request has now been raised.

    Leave a comment:


  • rusty2009
    replied
    I've just been trough all my bank account statements the last payment ever made was in January 2013 not September 2014 so something is not right here and information on there part is not correct.

    Leave a comment:


  • rusty2009
    replied
    Amethyst

    An update Lowell have sent a copy of statements, not that this was ever asked for.

    Default date on it is 11/12/2014

    Last payment date is 02/09/2014

    I find it very odd for the debt to be sold on the very next after a default without anything being added to the credit file nor notice of default ever being sent.

    Still no termination notice or CCA back from Lowell though.

    What be the next steps still carry on the defence along the lines of it barred.

    Leave a comment:


  • rusty2009
    replied
    Thanks Amethyst I will get onto that today.

    Here's my defence ready to go now. Hopefully it's ok?

    In the Northampton County Court Business Centre

    Claim No: [XXXXX]

    [Claimants Name]

    Claimant

    And

    Lowell Portfolio I LTD

    Defendant

    DEFENCE

    1.The Defendant received the claim [Claim Number] from the Northampton County Court on 6th November 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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

    4.It is admitted that the Defendant has previously entered into an agreement with Very 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 terminated.

    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

    8.The Claimants statement of case states that the account was assigned from Very – Littlewoods/additions direct to Lowell Portfolio I LTD on 12/12/2014. The Defendant does not recall receiving notice of this assignment.

    9.It is denied that Very – Littlewoods/additions direct 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 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 08th November 2019 The 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.Lowell solicitors limited has only sent Notice of assignment to the Defendant.

    12.On the 08th November 2019 The Defendant sent a formal request for a copy of the original agreement to Lowell portfolio I LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    13.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.

    14.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.

    15.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.

    16.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.

    17.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.

    Leave a comment:


  • Amethyst
    replied
    Originally posted by rusty2009 View Post
    Just a small update to date nothing back from the CCA request or further documents from Lowell solicitors.

    Lowell have done a search on my credit file with code AF (google tells me this is Action fraud) which made look into the details more & I notice that they got the day and month of birth crossed over.
    Tell the credit reference agency and Lowell about that just in case it flags anything weird ( wrong date of birth can be a fraud flag ). Just to be safe.


    For the defence it is section 78 being a catalogue ( running credit )

    Leave a comment:


  • rusty2009
    replied
    Amethyst I'm just starting to compile the defence ready from the very helpful template.
    Under which section is it S77 or S78?

    Also Do I need to ask the claimant if they would allow an extension or just remove that part? It's a bit close in time to allow a response from them for filling defence on the 1st.

    Leave a comment:


  • rusty2009
    replied
    Just a small update to date nothing back from the CCA request or further documents from Lowell solicitors.

    Lowell have done a search on my credit file with code AF (google tells me this is Action fraud) which made look into the details more & I notice that they got the day and month of birth crossed over.

    Leave a comment:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse
1 of 2 < >

SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over �10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2 < >

Need Formal Help?




Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


See more
See less

Court Claim ?

Guides and Letters



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Loading...
Working...
X