Very counter claim

[Ha1ha1]

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.

[Ha1ha1]

Now what would be the best defense on this. Any help would be appreciated. Thanks

[R0b]

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.

[Ha1ha1]

Thank you, I appreciate it.

[pt2537]

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 act

[Ha1ha1]

Hi any luck with a starting point? Thank you!

[R0b]

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.

[Ha1ha1]

Hi thank you R0B that looks great. I don't really have anything to add to that! I'm grateful for your help.*

[R0b]

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.*