claim form

[Andy1803]

ok so 14 further days from 15th, i will do my defence and put it on here , thank you ao much

[echat11]

ok so 14 further days from 15th, i will do my defence and put it on here , thank you ao much

The defence needs to be done by the 15th April. They've told you in their letter that they want a response by a certain date.

[Andy1803]

ok, sorry i’m just confused ! so i send all the letters tomorrow and do my defence without having anything back ? as guessing as it’s under 5 days away i’ll hear nothing back.

[echat11]

ok, sorry i’m just confused ! so i send all the letters tomorrow and do my defence without having anything back ? as guessing as it’s under 5 days away i’ll hear nothing back.

Yes, that's correct, but your defence will state what you've done. It's a case of getting everything on track.

[Andy1803]

i’ve just read through the defence and can see i write i’ve asked to it etc , so will mean they then have to decide what to do from there as i’ve done all my part.

[Andy1803]

a) If you can answer the following questions, copy / paste the answers back to this thread (without personal details):

Received a claim? Yes/No: Yes but just the forms
Issue Date: Unknown - they say 18.01.23 but not actual dates
Have you Acknowledged the Claim?: yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)£400
Claimant’s Name:Lowell Portfolio
Solicitors Firm: Overdales
Original Creditor: Studio
Original Debt (eg. Credit card/Loan/Overdraft) :Cataligue
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):The claim is for the sum of xxx due by the defendant under a credit agreement regulated by the consumer credit act 1974 for a studio account ref of xxxx and defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87 (1) of the consumer credit act 1974 which has not been complied with, The debt was legally assigned to the claimant on the 08-04-21, notice of which was given to the defendant. The claim includes statutory intrest under s.69 of the courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issuing these proceedings. no
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ): none yet
Any Other Information or Background DetailsNA

[echat11]

O.K. have a go at doing your defence, copy / paste it on the thread without personal details, then I can check for errors.

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

[Andy1803]

1.The Defendant received the claim xxxx from the County Court Business centre on 8.04.23
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim [is for/ appears to be for a Catalogue agreement regulated under the Consumer Credit Act 1974.
4.It is admitted, that the Defendant has previously entered into an agreement with Studio 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 Studio to Lowell on 08.04.21. The Defendant does not recall receiving notice of this assignment.
8.It is denied that Studio 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 10.04.23 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. Overdales has not sent any of these documents to the Defendant.
11.On the 10.04.23 The Defendant sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12..The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (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 no response has been received
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.

[Andy1803]

can i also email the acknowledgement of service to the court ? as i don’t have an address ? is quick google says it at katharine’s house

[echat11]

can i also email the acknowledgement of service to the court ? as i don’t have an address ? is quick google says it at katharine’s house

Yes. I'll check the Defence as soon as possible. Post any corrections.

[Andy1803]

no problems , thank you so much for your help

[echat11]

I'd make the following changes:-

3.This claim appears to be for a Catalogue agreement regulated under the Consumer Credit Act 1974.

11. [77 or 78] should read 78.

12. [s77 (1) / s 78 (1) should read s 78 (1), [s77 (4) / s 78 (6)] should read s 78 (6).

13. The Claimant has agreed to extend the time period allowed for filing of the defence, pending receipt of documents (as allowed under CPR 15.5), but no response has been received.

Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

Send a copy to Overdales, make sure you get Proof of Postage.

[Andy1803]

thank you so much , i will send this over

[Andy1803]

i have had a letter today from overdales saying the have requested mediation and the court will write to me ? they said i can agree a payment play etc ? do i agree to mediation

[MIKE770]

Yes it is expected you do