Claim form received Lowell.. Shopdirect and capital one. Help needed

[MIKE770]

Example Defence adjust to situation any outstanding CCA etc request state on such a date requested but to-date not received,, get it in on MCOL quick

[MIKE770]

an Example Defence

was shown you in item 2: of thread

[Token23]

I have drafted a defence, can you please let me me know any amendments? Is point 4 OK to keep? Do I need to remove anything or add.
Thanks

In the Northampton County Court Business Centre Claim No: xxxxxx
Xxxxx
Claimant
And
Lowell Portfolio I Ltd
Defendant

DEFENCE

1.The Defendant received the claim G9KQ91Q2 from the Northampton County Court on 28th August 2020

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 Credit Card agreement and Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.The Defendant does not recall into entering into agreements with Capital One (Europe) Plc and Shop Direct Finance Ltd for the 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 agreements entered into.

7.It is denied that Capital One (Europe) Plc and Shop Direct Finance Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notices was served upon the Defendant. The Claimant is required to prove that the any Default Notices 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.

8.On the 2 September 2020 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 Ltd. I requested the Claimant provide copies of the original Agreements, Default Notices and Notice of Assignments.

9.Lowell Solicitors Ltd has not sent any of these documents to the Defendant.

10.On the 2 September 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.

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

12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

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.

[MIKE770]

I have drafted a defence, can you please let me me know any amendments? Is point 4 OK to keep? Do I need to remove anything or add.
Thanks

In the Northampton County Court Business Centre Claim No: xxxxxx
Xxxxx
Claimant
And
Lowell Portfolio I Ltd
Defendant

DEFENCE

1.The Defendant received the claim xxxxxxxx from the Northampton County Court on 28th August 2020

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 Credit Card agreement and Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.The Defendant does not recall into entering into agreements with Capital One (Europe) Plc and Shop Direct Finance Ltd for the 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 agreements entered into.

7.It is denied that Capital One (Europe) Plc and Shop Direct Finance Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notices was served upon the Defendant. The Claimant is required to prove that the any Default Notices 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.

8.On the 2 September 2020 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 Ltd. I requested the Claimant provide copies of the original Agreements, Default Notices and Notice of Assignments.

9.Lowell Solicitors Ltd has not sent any of these documents to the Defendant.

10.On the 2 September 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.

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

12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

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.

you can edit button

[MIKE770]

get rid of para 4 each claim is a separate defence and refer to each claim form , this is two cases not one and reference to each claim number for each defence

[MIKE770]

only one claim form with two different companies mentioned in it??? are you saying??

[Token23]

Am I able to submit more than one case on MCOL, so for clarity a separate defence for Shopdirect and then another separate for capital one plc?
I will remove paragraph 4 also

[MIKE770]

to clarify - they have sent one one claim for with the two different companies and amounts mention in one claim form?????

[MIKE770]

have asked help for you so see who comes in here?

[Token23]

Yes correct one claim form, these are considated accounts. Shop direct and capital one.
Urgent assistance needed, as I need to submit my defence.
The claim form was dated 25th August, I'm running out of time to respond.

Much appreciated

[MIKE770]

put your defence in if no response on here from others before 3.30 to-day?? have asked for help by then you should have more input from others

[Token23]

Any one for help please? I appreciate your help Mike, anything else would be much appreciated

[MIKE770]

get that defence in now before 4 pm

[MIKE770]

dis you get defence in? by 4 pm yesterday?

[Token23]

Yes thanks and has been accepted, much appreciated for the help on forum