I'm assuming clause 19 is irrelevant to this case as they had already sold the debt on to Lowell? I'm still lost lol.
Very counter claim
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Given the timing of Christmas and people not being around as much and limited time we have, it's probably going to be difficult to assist you in submitting a robust defence. I'll have a think over the next day or so and post up a starting point and that will give you time over the weekend to review and tweak if necessary.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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The Defence ought to be a cracker, they have left themselves wide open in my view. Contractual termination is permissable but it can only operate alongside the statute , the consumer credit act is clear you cannot contract out of the protections of the actI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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I've attached a very quick outline of what you could submit for your defence based on what you've said. Obviously you will need to go over it and re-read the counterclaim confirming whether you agree with their statement in each numbered paragraph. If you don't agree with them, explain why not?
As already alluded to, they can only really rely on demanding payment if they have served a default notice but there's nothing in the particulars of claim that says they did. Also included some wording about the lack of assignment, so they need to prove that took place before the counterclaim was issued.
Also, goes without saying that to fill in the gaps that are missing or highlights in square brackets.
Once you've added your piece post up a draft copy of any additions (personal info excluded) and we can take it from there if time permits.Attached FilesIf you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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Just make sure you check the correct Lowell entity name because they have several companies and you will need to make sure to get it right.*
I'm assuming your claim was done on the Money Claims Online website and if so, you can sign and then email it to ccbcaq@hmcts.gsi.gov.uk but make sure to put in the subject line <claimant name> v <defendant name> (claim no. XXX) or it might not get processed.
Double check, read and re-read before you send it to the court to make sure there's no errors, square brackets etc.*If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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.
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Court Claim ?
Guides and LettersSHORTCUTS
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
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
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