** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Thanks, I have an example defence sorted just need to check the POC first xx

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Morning,
Ok details of the claim as follows:

This claim is for 1104.49 the amount due under an agreement between the original creditor and the defendant to provide finance and/or goods.
This debt was assigned to/purchased by Lowell Portfolio I ltd on 24/06/2013 and notice served pursuant to the law of property act 1925

Particulars Re Lloyds
A/c 7767**********

And the claimant claims 1104.49

The claimant also claims interest pursuant to s69 county court act 1984 from 24/06/2013 to date at 8% per annum amounting to 54.96

amount claimed: 1159.45
court fee: 65.00
solicitors costs: 80
total amount 1304.45




ok that's the particulars of the claim hope you can provide a relevant defence from this?

Thanks J

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

VERY ROUGH DRAFT - YOU WILL NEED TO AMEND TO SUIT YOUR CLAIM



IN THE NORTHAMPTON COUNTY COURT (CCBC)

CLAIM No: xxxxxxxxxxx

BETWEEN:

xxxxxxxxxx Lowell Portfolio xxxxxxx

CLAIMANT

And

xxxx jse8552 xxxxx

DEFENDANT

__________________________________________________ _________________________
Defence
__________________________________________________ ______

1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alledged to be owed to Lloyds on A/C No. 7767…………

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

4. The Defendant is unaware of having purchased any goods from Lloyds at any time.

5. The Defendant admits having held banking and credit accounts with Lloyds historically however is unaware of any debt owing to Lloyds. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

6. No date of inception of the account has been given.

7. The sparse particulars of claim state that the account was assigned from Lloyds to Lowell Portfolio on 24/06/2013. The Defendant has not received any notification of this assignment.

8. 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.

Accordingly, the Defendant avers that

9. The Claimant has failed to plead properly in this matter

10. Therefore, the Claimants Claim should be dismissed.

11. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

wow thank you Amethyst, shall I send this in the post or adjust it to submit online?

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

As you are allocated now you will have to submit by post, send three copies to the court that turned down your CPR request. with a covering letter and also send a copy to the claimants with a covering note ( ie. defence enclosed under claim reference XXXXXX )

Check it against your original defence so you're not changing your mind on anything between defences, it should be the same in facts but a bit more formal.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Ok, thank you once again Amethyst I will keep you all updated

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Whoops one more thing!! do I sign the defense by hand or electronic signature?

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Sign it.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Hi all, I have an update!

Today I have received a Notice of proposed allocation to the small claims track questionnaire from Northampton county court!!

I'm not sure as to what my next action is, whether to fill out and return accepting or not?

I'm also very concerned that a previous disclosure order that i submitted was thrown out because:

1. No power to order specific disclosure in SCT cases.

I have lost total faith in what this court is up too? Can i have some advice please

Thanks
J

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

It's all gone a bit weird, ncf's received a refusal to deal with an application for inspection of documents as well, saying a defence must be entered first.

Anyways, yes your case is being allocated to small claims, so complete the form and return it to the court. It will then be up to the local court judge to make any order off the back of the defence.

[pt2537]

Re: Please Help!!!! Lowell / Lloyds court claim

It's all gone a bit weird, ncf's received a refusal to deal with an application for inspection of documents as well, saying a defence must be entered first.

Anyways, yes your case is being allocated to small claims, so complete the form and return it to the court. It will then be up to the local court judge to make any order off the back of the defence.

thing is, nowhere in the rules does it say you can only inspect documents after pleading.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

thanks Amethyst, will do so and update if anything further arrises.

I can see why people cave in and pay to make the issue go away with the sheer incompetence of what we're dealing with to obtain justice!!

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

thing is, nowhere in the rules does it say you can only inspect documents after pleading.

In this case, i think the without hearing option was taken AND a defence was entered. The allocation is automatic on the back of a defence so that mail was to be expected. The order still should have been granted, obviously, but i now never ever suggest that without a hearing is a good way to go. Judges make shit up and it can be difficult to rectify.

M1

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

I know ! maybe Northampton just don't want to deal with them, maybe it's because we are delaying the defence and allocation by submitting the application for inspection and requiring that is dealt with first - I suppose, thinking administatively, the allocation questionnaire needs sorting to send the case to the right courts to be handled as we are asking for hearings ? (should probably be on ncf's thread actually soz)

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

any news?