BW Legal CCJ via Lowell for Lloyds o/d

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

http://www.legalbeagles.info/forums/...order-at-court

I'd do that personally.

M1

Hi, the only problem is it states it must be done before the deadline for entering my defence. Am I too late now? for the N244

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Ref Splitting I just mean in sections on one defence eg....


1: I received the claim xxxxxxxxxx from the Northampton County Court on 13th June 2014.
2: This claim is for a LloydsTSB overdraft and a Three mobile phone contract agreement regulated under the Consumer Credit Act 1974. The Claimant has combined tow very different alleged debts on one claim and for clarity I will plead separately for each debt.
Lloyds TSB
3: It is admitted that the Defendant has previously entered into agreements with LloydsTSB
5. It is denied that Lloydstsb 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.
6. The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.
7: On the 25th June I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
8. BW Legal has not sent any of these documents to me.

Three
3: It is admitted that the Defendant has previously entered into agreements with Three for the provision of mobile telephone services.
5. It is denied that Three 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.
7: On the 25th June I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
8. BW Legal has not sent any of these documents to me.

The Claim
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. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed …………………………………………
Dated .................................................. ....

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Thank you..

can I email this to the courts and send a hard copy through the post? Or do I just send a hardcopy through the post?

Do I need to contact BW Legal at all?

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Okay I submitted my defence on the moneyclaim.gov website.

What happens now? Do I need to do anything further?

Thanks x

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi all,

just an update, that I haven't had anything from them via post or email, they did try to call me yesterday, but I ignored the phone call - really don't want to talk to them.

It's been over a month now, just wondering what the next step is please?

Thanks x

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

You should hear from the court but if it has been over a month then give the court a call and ask if the claimants have indicated they wish to continue or not, as the claim may well have been stayed due to non response.