County Court Business Centre claim from Lowell Portfolio

[Just_Keys]

https://legalbeagles.info/library/gu...-court-claims/

You need to get your defence submitted then. Follow the link above for a template and feel free to paste your version here (redacted).

I have typed up my defence using the template you provided.

There are 3 points that I am unsure about.

4. Whether I admit or deny?

7. The last payment I made was 2017 so does this part need to be removed?

14. I'm unsure about what needs to be changed here?

[Just_Keys]

Anyone? I need to get it sent ASAP and I'm not sure I've done it right.

[R0b]

Why do you need to send it in ASAP, what is the date on the claim form?

Celestine did suggest to post up a draft version which might be helpful rather than trying to guide you in the dark and not seeing what you’ve written, especially if you’ve done a copy and paste job of the template (that can be dangerous).

[Just_Keys]

1.The Defendant received the claim G9HK1V61 from the Northampton County Court on 4^th November 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Vanquis 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 to the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

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 Vanquis to Lowell Portfolio I LTD on 27/09/2019. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Vanquis 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 10^th November 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 limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Lowell Solicitors Limited has not sent any of these documents to the Defendant.

12.On the 10^th November 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. 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. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

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 her 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 her 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.

[Just_Keys]

https://legalbeagles.info/library/gu...-court-claims/

You need to get your defence submitted then. Follow the link above for a template and feel free to paste your version here (redacted).

Hi Celeste

How does my defence look? I'm unsure about three of the points and whether the rest has been edited right.

Many thanks

Keeley

[Celestine]

Your defence looks fine.
Yes you can admit once entering a credit agreement with Vanquis.
Remove section 7
Did you attempt to communicate a defence extension? I'm guessing most likely not, so remove this section if you are filing within the standard timescales.

[Just_Keys]

Hi guys

Thank you so much for your support so far, you have been amazing!

I have an update ...

I received a letter from the court confirming that they had received my defence.

I then got this yesterday and have no idea what I'm supposed to do with it.

Your help is very much appreciated guys.

[MIKE770]

standard response - sit tight for now await court instructions

[Celestine]

Yes sit tight and await your Directions Questionnaire from the court. Here is our guide to completing it. Tick yes to mediation.
LegalBeagles

[Just_Keys]

Thank you guys!

[Just_Keys]

Evening guys,

So the update is that I have received two letters today - one from Lowell which includes my original agreement and payments received etc. And one from the court. What would be my next step? Mediation? The Notice of Proposed Allocation to the Small Claims Track has stated that I need to file form N180 by 22nd of January. Any advice would be most welcome.

Keeley

[Celestine]

OK based on your first post which gives the age of the account and the time of default we already know the account cannot be time barred. Now that they have supplied the copy agreement, that is compliance with CCA fulfilled (so long as everything is in order). Any sign of a default notice?
On the N180 - yes tick mediation, but in likelihood you may need to start considering a settlement agreement backed with a Tomlin Order. This would stop you getting a CCJ so long as you maintain payments. Any such payment plan must be affordable and manageable.