County Court Claim received Lowells help please

[Dazzle1969]

MIKE770 do i leave section 77 and 78 in the defence or take 1 out. Not sure what credit cards fall under. Thanks sorry to be a pain

[MIKE770]

credit cards under section 78(4) whenever you refer to credit card CCA

[Dazzle1969]

credit cards under section 78(4) whenever you refer to credit card CCA

Thanks Mike so in defence i put 78 and 78.1 and 78.6 is that correct? Thanks again

[MIKE770]

keep it straight forward ie:- Credit card state section 78 (4) 1974.as that is what a CCA request is all a.bout do not try and be technical

[Dazzle1969]

keep it straight forward ie:- Credit card state section 78 (4) 1974.as that is what a CCA request is all a.bout do not try and be technical

Sorry MIKE770 it is on the draft defence you posted the link for i was just wondering how to amend. Thanks

[Dazzle1969]

MIKE770 does this look ok?

In the Northampton County Court Business Centre Claim No: H Lowell Portfolio LTD Claimant And Mr Defendant DEFENCE 1.The Defendant received the claim H4KQ from the Northampton County Court on 27/06/2021
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 Capital One 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 entered into.
7.The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio LTD on 17/09/2020. The Defendant does not recall receiving notice of this assignment.
8.It is denied that Capital One 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.
9.On the 6th of July 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, Default Notice and Notice of Assignment.
10 Overdales Solicitors has not sent any of these documents to the Defendant.
11.On the 6th of July 2021 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.The Claimant has failed to comply with 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
13. 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.
14.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.
15.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.
16.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.
17.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 20/07/2021______________________________

Thanks again MIKE770 appreciate your advice

[MIKE770]

Ok as far as I can see Celestine

[Dazzle1969]

Ok as far as I can see Celestine

Hi again MIKE770 once i have submitted a defence what happens next? Thanks for all your help

[MIKE770]

Await further info. But keep eye out for any response on MCOL hopefully after 28 days they fail to respond and case gets stayed meantime rest but keep eye on MCOL. Or further court instructions

[Dazzle1969]

Await further info. But keep eye out for any response on MCOL hopefully after 28 days they fail to respond and case gets stayed meantime rest but keep eye on MCOL. Or further court instructions

Thank you so much for your time i really do appreciate all your valuable knowledge and help. I'll let you know the outcome

[Celestine]

Hey Dazzle - I just checked through your defence, all looks fine aside from point 13. Did you request a defence extension? If not you can remove that sentence. Good luck X

[Dazzle1969]

Hey Dazzle - I just checked through your defence, all looks fine aside from point 13. Did you request a defence extension? If not you can remove that sentence. Good luck X

Thanks Celestine i believe that was part of the letter template sent to Overdales solicitors?

[Dazzle1969]

Thanks Celestine i believe that was part of the letter template sent to Overdales solicitors?

There is a line thay says "if you require more time in which to comply with this request you must tell me in writing" ive submitted now is that going to cause me a problem? Thanks

[Celestine]

That's perfect then Dazzle, that little sentence is sufficient to offer them the chance to extend defence deadline.
Glad you have it submitted now. What year was the credit card opened and with whom?

[Dazzle1969]

That's perfect then Dazzle, that little sentence is sufficient to offer them the chance to extend defence deadline.
Glad you have it submitted now. What year was the credit card opened and with whom?

Thanks im relieved .It was Capital One not sure what year I doubt it is over 6 though.