Lowell Court Claim: agreement date different in claim form.

[ansonlee]

Particulars of Claim:
1) The Defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the Consumer Credit Act 1974 under reference xxxxxx on 23/03/2013 ('the Agreement').2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.3) The Agreement was later assigned to the Claimant on 17/12/2018 and written notice given to the Defendant.4) Despite repeated requests for payment,the sum of £x,xxx remains due and out standing. And the Claimant claims a) The said sum of £x,xxx b) Interest pursuant to s69 Count Courts Act1984 at the rate of 8% per annum from the date of assignment to the date of issue,accruing at a daily rate of £2.078, but limited to one year, being £629.50

I’m not quite clear on a few things and I want to make sure before draft my defence.
1.Notice of Assignment (received)
2.Agreement (received by SAR request)


1.Can agreement date different in claim form? (credit agreement send by shop direct the date* is on 22/03/2013 and On the claim form, the agreement date 23/03/2013.
2.Lowell email me copy of the claim form on 16/03. When is my deadline submit my defence? (judge set aside my claim. He's ordered that i have 28 days to file and serve a defence from receive a copy of the original claim)
3.Do i need request "termination notice" on my case or no any different without it.

4.I need a file a fully pleaded Defence as to why i dispute the claimed amount. (i order the item but never received,shop direct still charge the items in my account)
5. How can i provide evidence to never received the items?Can i ask shop direct to provide evidence they have send me the items? Any help would be great thanks.

[ansonlee]

anyone can give me some advice,please??*

[ansonlee]

Should i go to negotiate a settlement or*Still defend?
1.Notice of Assignment (received)
2.Agreement (received by SAR request)
Agreement date different in claim form (credit agreement send by shop direct the date is on 22/03/2013 sign and accept the agreement and On the claim form, the agreement date 23/03/2013.
3.Section 87 Default notice sent 10/09/18,show in SAR account notes. (i never receive it)**
4.notice of termination.(no mention in SAR, not receive any copy )
5. I'm not agree with the claimed amount. (i order the item but never received,shop direct still charge the items in my account)
I can't provide evidence to proof i never received the items.
Amethyst*anyone can HELP,please.

[ansonlee]

Amethyst* Do you have a time to help me have a look,please? I really run out time now. Many thanks* *

[MIKE770]

Amethyst*

[ansonlee]

Anyone can help me have a look my defence is OK,my deadline is on this Friday.*

Also i need to point out why i "dispute the claimed amount",how can i add to my defence,pleaes.*
1.i order the item but never received,shop direct still charge the items in my account. (i have system record to proof i rang the customer service to chase my items after 2 week my placing order.
2.Lowell send my*transaction list,i add up all the Goods,interest,Delivery and charge , the total is different.
*
DEFENDANT
1. The Defendant received the claim XXXXX from the Northampton County Court on 17/10/2019.
2. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.
3. 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 claimant’s Particulars of Claim fail to mention the service of and expiry of a default notice. A default notice is necessary under Section 87(1) Consumer Credit Act 1974 before the creditor can become entitled by reason of the debtor’s breach of contract to terminate the regulated agreement. In the PRA Group UK Ltd v Christopher Doyle, the court of appeal concluded that the default notice was not only a procedural requirement but also formed part of the creditor’s cause of action. The court of appeal noted that absent service and expiry of a default notice the creditor would have no entitlement to terminate a regulated consumer credit agreement. Taking this into account it follows that the creditor must also plead the service and expiry of a default notice as part of their case.
8. Due to the Claimant’s failure to state in their particulars of claim that a default notice was served, the Defendant is prejudiced by not being entitled to request a copy of the default notice under Civil Procedure Rule 31.14.
9. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.
10.On the 31th December 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, *notice of termination and Notice of Assignment.
11.Lowell solicitors limited has only sent Notice of assignment to the Defendant.
12.On the 18th March 2020 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.By way of general comment, the Defendant believes the Claimant has failed to comply with the Practice Direction for Pre-Action Conduct and Protocols insofar as the Claimant did not issue a letter before claim prior to the commencement of these proceedings. The Defendant has therefore been deprived of any opportunity to address the Claimant's allegations without the need for legal proceedings.
15.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.
16.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.

17.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.

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

[ansonlee]

Updated: final settlement agree(paid half the claim amount) with Tomlin order.
Thanks for helping.