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Court defence lowell

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  • Court defence lowell

    Hi All,

    I've done the preliminaries with lowell and after 6 months and the court ordering that lowell send a full particulars of claim, lowell eventually provided some documentation. I did notice the following in what they provided. For shop direct they didnt provide a copy of the default notice just a screen shot showing the account in default. Additionally for both accounts I there was no evidence I had been notified that the accounts had been transferred to lowell within the 7 days stipulated by the property act of 1925. I've written a defence, would like some feedback before I print it out and post it tomorrow. Its due in by thursday but with the postal system being the way it is I'd rather it get there early rather than late! Half tempted to drop it into the court as its within walking distance.

    IN THE COUNTY COUNTY COURT AT XXXXXXX CLAIM NO : XXXXXXXXX
    BETWEEN

    LOWELL PORTFOLIO LTD
    Claimant
    -and-

    XXXXXXXXXXXX
    Defendant

    DEFENCE
    1. The defendant denies all claims unless specifically admitted in this defence.
    2. The defendant after originally requesting documentation from the claimant in this matter has finally received the requested documentation after some months and is now able to submit a defence.
    3. The defendant denies these debts are legally enforceable due to the reasons stated in turn below:
    ACCOUNT 1
    1. Account 1 as described in the particulars of claim is for a catalogue credit agreement originally entered into with Shop Direct Finance Ltd. It is admitted this agreement was entered into as per claimantís exhibit DD1.
    2. The defendant does not recall ever receiving a default notice for this account. Whilst the claimant has provided Exhibit DD2, this fails to provide evidence that the original creditor served a correctly worded and formatted default notice on the defendant as per the requirements of section 87(1) of the Consumer Credit Act of 1974, and hence the debt is not legally enforceable through the courts.
    3. The claimant has not provided a deed of assignment proving that ownership of the debt of transferred from shop direct finance ltd to Lowell Portfolio Ltd, and if this was a legal or equity transfer which would enable the claimant to pursue legal action to recover the debt.
    4. The claimant has provided a notice of assignment they sent to the defendant dated on the 23rd of September 2019, acknowledging that the debt was purchased on the 09th of September2019. The property act of 1925 stipulates that the debtor must be informed within 7 days of the transference of the debt with 7 days for the debt to be legally enforceable. The claimant has not proven that the defendant was informed within 7 days that the debt had been transferred to Lowell Portfolio Ltd and is legally unenforceable.



    ACCOUNT 2
    1. Account 2 as described in the particulars of claim is for a credit card agreement originally entered into with Capital One (Europe) plc. It is admitted this agreement was entered into as per claimantís exhibit DD3.
    2. The claimant has not provided a deed of assignment proving that ownership of the debt of transferred from Capital One (Europe) plc to Lowell Portfolio Ltd, and if this was a legal or equity transfer which would enable the claimant to pursue legal action to recover the debt.
    3. The claimant has provided a notice of assignment seemingly sent from Capital One (Europe) plc however it is undated. They have also provided a copy of a notice of assignment sent from Lowell Porfolio Ltd dated the 22nd May 2020, stating the debt had been transferred from Capital One (Europe) Ltd on the 30th April 2020. The property act of 1925 stipulates that the debtor must be informed within 7 days of the transference of the debt with 7 days for the debt to be legally enforceable. The claimant has not proven that the defendant was informed within 7 days that the debt had been transferred to Lowell Portfolio Ltd and is legally unenforceable.
    Tags: None

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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