Lowell vs Tmum21

[Tmum21]

Can you see it? Not sure exactly what it means, I'm guessing wait and see still

[Celestine]

I've taken a look and that letter looks very standard. They have requested the original agreements from the original creditors and will await their arrival before sending on to you. Even they say they can't control the timescales, so it is a waiting game now. What date do you need to submit defence by?

[Tmum21]

Thank you, I've no idea what the different CPR things are for. It was counted as served on the 16/6, so 28 days takes it to 14/7??

[Celestine]

Ok no worries, let’s get that done next. Have you acknowledged the claim??

[Tmum21]

Hi, hmyes I've acknowledged with intention to defend but I don't know what to say for my actual defence
Shop direct incorrectly charged my interest on a returned item so I disputed part of it. Them capital one continued to charge me although I told them I lost my job

[Tmum21]

So it's been 2 weeks and I still don't have the agreements etc back from Lowell. Should I still send them an email about my situation and asking about what their offers are?

[MIKE770]

No they have a problem thy do this but can be forced by courts later. Read around threads you will find a pattern do not help them

[Matty B]

pt2537 I’m sure Paul will notice they have not pleaded a default notice

[Tmum21]

Should I just leave it as it is on the MCOL site? Do I need to say what my defence is on there or wait till last minute and say they haven't provided any details?

[ostell]

You MUST get your defence to the court in the required time. Recommended to send as a PDF file as an attachment to an email. That way the format of the defence remains as you intended

[Tmum21]

I don't know what to say as my defence that's the problem. Do I also mention they haven't provided me with the details yet?

[Celestine]

Use our defence template to help you get started. https://legalbeagles.info/library/gu...-court-claims/

[Celestine]

Just popping in to nag you to make sure that defence is done. Our guide is easy to adapt, you're just relying on CCA outstanding and lack of default notice/assignment so leave those bits in. Remove limitation and defence extension. X

[Tmum21]

Thank you, time has gone so fast my little boy hasn't been well. Im just doing my defence, tomorrow is my last day!!

Do I admit or deny for section 4?

[Tmum21]

Ok Ive submitted this ...
1. The Defendant received the claimH9KQ38Z9 from the Northampton County Court on 16/06/21.

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 3 separate Credit Card Catalogue Accounts - agreements regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into an agreement with Capital One, Shop Direct or Lowell Portfolio 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 fails to state when the agreements were entered into.

7.The Claimants statement of case states that the account was assigned to the claimant but fails to state dates of assignment. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Capital One or Shop Direct 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 the 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 18^th June 2021 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Notification of Termination and Notice of Assignment.

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

12.On the 18^th June 2021 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio, 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.

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 their 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 their 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.