Lowell claim form

[echat11]

Start doing this, copy / paste back to this thread without personal details:

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

[Ianparrynw]

Will do tried to upload the documents but website wont let me as resolution not right

[echat11]

Will do tried to upload the documents but website wont let me as resolution not right

In your Defence, you are addressing their Particulars of Claim on the claim form. You will no doubt have enough details to file a Defence.

[Ianparrynw]

Hi guys my Defence is below just a couple things

On the signed for bit at the bottom I cant find anywhere to upload it on moneyclaim. (As I belive a real signature is required)

Why have a defence section on moneyclaim if you have to physically sign it?

I have seen on another post to email it to them..
what do I do with the moneyclaim bit leave it or still fill it all out ans sumbit and email a copy signed to the email adress?




In the Northampton County Court Business Centre

Claim No. XXXXXXXX

LOWELL PORTFOLIO LTD

And

XXXXXXXXXXX



1.The Defendant received the claim XXXXXXXX from the Civil National Business Centre on 05th June 2024.

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

3.This claim is for one Credit Card Agreement and a Credit Agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with Original Creditors 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 give a date when the agreements were entered into.

7.The Claimants statement of case states that the accounts was assigned from Shop Direct Finance Company Limited and Capital One to LOWELL PORTFOLIO LTD but no dates was given. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Shop Direct Finance Company Limited or 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 15/07/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to LOWELL PORTFOLIO LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.LOWELL PORTFOLIO LTD has not sent any of these documents to the Defendant.

11.On the 15/07/2024 The Defendant sent a formal request for a copy of the original agreements to LOWELL PORTFOLIO LTD. pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £2 fee.

12.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.

13.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.

14.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.

15.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.

16.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 being verified 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.

Signed ________________________________

Dated ________________________________

thanks all

[echat11]

a) Point 6. in the MCOL guide - https://www.gov.uk/government/public...col-user-guide

b) Regards the debt being statute barred, you've put 'I havent spoke to them atall over the years', when did you last make a payment?
have you acknowledged the debt in the last 6 years? Why do you believe it's not statute barred?

c) Point 12, you've left the ' ] ' in, remove it.

Other then those, it's fine.

[Ianparrynw]

Last paid August 2020.

Ok will remove the ]

What about the signature is that the point 6 in the guide

Do I need to print it all of and scan and sign and email or can I just fill it out on the money claim beacuse the end bit does say to put your name in the signature box

Thanks

[echat11]

Last paid August 2020.

Ok will remove the ]

What about the signature is that the point 6 in the guide

Do I need to print it all of and scan and sign and email or can I just fill it out on the money claim beacuse the end bit does say to put your name in the signature box

Thanks

It says print your name where it asks for signature (the guidance is for Claimants, but must also apply to Defendants because MCOL allows you to lodge your Defence via the MCOL platform).

[Ianparrynw]

Ok done thanks for help will update in future

[Ianparrynw]

Update

Recived the SAR from very a day after my defence was due.

Also a special delivery letter but wasn't home so will get that tomroow.

have attached what info very they have on me on contents part

Not sure if default notice should be in this info but there is not one (says it was sent though)

Also no Id documents , No affordability information, No letters and No emails on sar

Any ideas why they have blacked out bits on some pages too says about information on another person ?


Thanks

[echat11]

Update

Recived the SAR from very a day after my defence was due.

Also a special delivery letter but wasn't home so will get that tomroow.

have attached what info very they have on me on contents part

Not sure if default notice should be in this info but there is not one (says it was sent though)

Also no Id documents , No affordability information, No letters and No emails on sar

Any ideas why they have blacked out bits on some pages too says about information on another person ?


Thanks

Can you edit your attachments, remove personal details.

Blanked out info, to do with your Credit assessment.

[Ianparrynw]

Can you edit your attachments, remove personal details.

Blanked out info, to do with your Credit assessment.

Have done must of missed it...

Should my default notice be in this sar request along with id and affordability checks....

Just trying to figure it all out thanks

[echat11]

Have done must of missed it...

Should my default notice be in this sar request along with id and affordability checks....

Just trying to figure it all out thanks

There should be a default notice, they may not have a copy, although their records might show one was sent. If they haven't sent them, they might not have them, but go through what they have sent.

[Ianparrynw]

Hi

Finally have recived a letter from overdales saying they still want to take it to hearing.

They don't have a copy of the default notice for shop direct but have a screenshot of a computer screen saying 1 was sent but i dont see any dates on it either only 07/08/24 in top right corner which in guessingis the date they have screen shot it . I have attached both.

Is this true that it's sufficient evidence?, As I don't recall ever receiving one .

or is a copy needed for them to claim the moneys.

Thanks all

[echat11]

Hi

Finally have recived a letter from overdales saying they still want to take it to hearing.

They don't have a copy of the default notice for shop direct but have a screenshot of a computer screen saying 1 was sent but i dont see any dates on it either only 07/08/24 in top right corner which in guessingis the date they have screen shot it . I have attached both.

Is this true that it's sufficient evidence?, As I don't recall ever receiving one .

or is a copy needed for them to claim the moneys.

Thanks all

It's there to be challenged,

no actual copy of the Default Notice, if they sent it, you didn't receive it,
screenshot saying it was sent, but no date of when it was sent.

Judges / Courts have accepted 'screenshots' previously, but in saying that,
they can't even give you a date, so was it issued correctly i.e. date etc.

A lot of this can be put in your Witness Statement, that would be 14 days before the Hearing, might give Overdales something to think about before the Hearing.

What are the numbers on the very left hand side ending in 22?

Also is what you uploaded, is that exactly what they have sent you?