lOWELL PORTFOLIO LTD CCJ

[echat11]

This is a service agreement, so the Consumer Credit Act 1974 doesn't apply, so remove all points that refer to the Consumer Credit Act 1974, then renumber the points.

[echat11]

You'll need to add some points to reflect that you've asked for information, i.e. services agreement but not received it.

[DemonicReign]

DEFENCE

1.The Defendant received the claim 11/11/2022 from the Northampton County Court on 11/11/2022.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.It is admitted that the Defendant has previously entered into agreements with three mobile for the provision of credit.

4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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

6.The Claimants Statement of Case does not state that the accounts were assigned to XXXXXX - the Defendant does not recall receiving Notice of Assignment prior to this claim being raised.

7.On 15/11/2022 the Defendant sent a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 to the Claimant. The Claimant has failed to provide this information.

8. The claimant failed to provide the original agreement, default notice and notice of assignment

9.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.

10.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.

11.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.

12.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

what do I do for this -

5.The Claimant's Particulars of Claim fail to state when the agreement was entered into. WOULD THIS BE CORRECT?

6.The Claimants Statement of Case does not state that the accounts were assigned to XXXXXX - the Defendant does not recall receiving Notice of Assignment prior to this claim being raised. WOULD THIS BE LOWELL OR THE ORIGINAL "THREE MOBILE"

[echat11]

a) Add claim number where it says CLAIM NUMBER,

b) You can email your defence to the Court, in the subject line write:- the case number, then write DEFENCE, then write LOWELL PORTFOLIO I v XXXXXXXXXXXX

c) Email it to the Court. Remember to print it and send a copy to Overdales, make sure you get Proof of Postage.


1.The Defendant received the claim CLAIM NUMBER from the Northampton County Court on 10/11/22.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a mobile phone service agreement.

4.It is admitted that the Defendant has previously entered into agreements with Three Mobile for provision of mobile services.

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 accounts were assigned to Lowell on 26/11/19, the Defendant does not recall receiving Notice of Assignment prior to this claim being raised.

8.On 15th November 2022 the Defendant sent a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 to the Claimant. The Claimant has failed to provide this information.

9.On the 15th November 2022 the Defendant sent a request for a copy of agreement to Overdales requesting documents referred to in the Claimants Statement of Case. The Claimant has not provided these.

10.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.

11.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.

12.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.

13.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[DemonicReign]

can i do this through mcol, and the defence I also send to overdales right, when would it need to be done by 11/11/2022 was AOS, and is this what you have written good to go once I fill the claim number

[echat11]

can i do this through mcol, and the defence I also send to overdales right, when would it need to be done by 11/11/2022 was AOS, and is this what you have written good to go once I fill the claim number

Yes, you can send it through MCOL there is a character restriction of 1,080, so not sure if it will go through.

It's ready to go, read through to make sure it's correct.

[DemonicReign]

THANK YOU SO MUCH FOR YOUR HELP. I'll give it a go through mcol if not where can I get the email for the courts

[echat11]

THANK YOU SO MUCH FOR YOUR HELP. I'll give it a go through mcol if not where can I get the email for the courts

Email it to - ccbcaq@justice.gov.uk

[DemonicReign]

copy of defence sent to overdales and defence done via MCOL, I have recorded delivered the copy of defence to overdales and got the receipt. MCOL defence just put in and I'm awaiting confirmation, hoping for a good outcome. will update everyone once I get a response thank you all for the help

[DemonicReign]

recieved a letter from overdales today dated 30th novemeber ill post pics below, I don't know if what they given me is what I requested and is my defence not good now I'm confused I just don't understand what this means now

[echat11]

recieved a letter from overdales today dated 30th novemeber ill post pics below, I don't know if what they given me is what I requested and is my defence not good now I'm confused I just don't understand what this means now

It provides some new information that you didn't have previously, your defence is still valid as you didn't have that information at hand due to their 'tardy response or the mail strike'. They still haven't provided the information you have requested. Once Overdales receives your defence, they have 28 days to respond. Thinking ahead, no doubt they will send you the same response again. But lets see.

[DemonicReign]

oh thank you for replying, i been crying my eyes out all day I been so worried, thank you soo much I needed to hear this I been so stressed out all day thank you so much

[DemonicReign]

got an email today of overdales

"We write regarding the above matter and confirm receipt of your Defence.

As you are aware, legal proceedings have been issued against you for the following accounts and balances, details of which were provided to you in the Claim Form and the Particulars of Claim:

This matter relates to a former Three Mobile account opened on 25 January 2017 for the supply of a Samsung Galaxy S7 32GB Black handset and mobile phone services under a tariff described as Essential 8GB Data AYCEM. The last payment was made on 7 March 2018 for £XX.XX.
Your debt relates to a former telecommunications matter which is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the Agreement and therefore we are unable to request a copy of this document.

Deed of Assignment

There is no legal requirement for assignment of debt to be in the form of a Deed. In most cases this done by simple contract. Our client is under no obligation to disclose this to you. This is a private contract between our client and the original creditor, the terms of which are commercially sensitive and confidential. No part of this contract could provide, support or assist in any Defence you may wish to raise and you have neither need nor right to be privy to that content. Our client will not disclose this information to you. The Notices of Assignment was sent to you which discharges our obligation. We have attached a copy for your reference.

The reconstituted Notices of Assignment evidence that the accounts subject to the claim have been assigned to our client. Several attempts have been made to contact you by our client in order to reach a resolution on the matter to which no response was received. Therefore our client had no option but to issue the Claim against you to recover the outstanding balances of the debt. Particulars of Claim

Addressing your issue raised regarding the our client being in breach of Rule 16.4(a) of the Civil Procedure Rules (CPR) in that the Particulars of Claim do not set out a clear and concise statement of facts, we dispute that claim on the grounds that the way we set out the statement of facts, would be seen as clear and concise in the eyes of the Court. This is due to the our client making it clear as to who the Defendant entered into the agreement with, giving the agreement reference number as well as making it clear as to why the agreement was terminated.

Furthermore, we have supplied the date this debt was assigned to our client with the Notice given to the Defendant. We have also addressed as to the reason of why our client had to issue the Court proceedings against you.

In terms of your allegation that our client has failed to identify or plead a date the cause of action allegedly accrued and failure to provide details as to when the alleged default occurred, we are not required to provide this in the Particulars of Claim under CPR 16.4.

As explained above, our client has performed it’s duties under CPR 16, therefore, we will not be addressing your issues regarding Pre Action Conduct.

Furthermore, we would like to note that you are in breach of CPR 16.5(2)(a) as you did not give a reason for denying our client’s claim, you have simply contested its legality. As such, we can make an application to strike out your Defence, resulting in the claim standing undefended, our client at liberty to request Judgment by Default against you.

Within your Defence, you admit to taking out an agreement with Three Mobile for the provisions of mobile services. With the above and the attached, our client is satisfied that you are liable for the outstanding balance.

Settlement proposal
Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you.
An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of:
- A lump sum payment of £XXX.00
- Or two payments of £XXX.00
- Any reasonable settlement proposal you wish to make.

Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below:
Account Holder Name: Overdales Legal Ltd
Sort Code: XXXXXXX
Account Number: XXXXXXXX

Please use your reference as the payment reference to ensure it is allocated to your account.

Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance.

You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing.
If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you.
We trust further action will not be necessary and look forward to hearing from you.
Yours sincerely"

What do I do now?

[echat11]

Calm down, write to the Court and Overdales the following, the Claimant has breached CPR 31.14, that on 15th November 2022 a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 was sent to the Claimant. To date the Claimant has failed to provide the requested information, i.e. copies of the agreement / Terms & Conditions.

Make sure the title info, Claim Reference, XXXXXXX v XXXXXXX, make sure you get Proof of Postage.

[DemonicReign]

Claim No: xxxxxxxxx

Lowell portfolio I
Claimant
And
xxxxxx
Defendant


The Claimant has breached CPR 31.14, that on 15th November 2022 a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 was sent to the Claimant. To date the Claimant has failed to provide the requested information, i.e. copies of the agreement / Terms & Conditions.


Signed: XXXXXXXXXX
Date: XX/xx/xx


would this be ok to send court and overdales? should I email it to both or should I post it out to both seeing as whats going on with royal mail right now I'm unsure what to do