**CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Ahh that sounds more like it. ( Still insane though - has to be said) I'll plug that in the calculator

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

hi amethyst thanks for coming back to me, i appreciate it. The APR is 60.10% not sure why i redacted that tbh

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

hmm looks quite ok to me. What's the second interest rate that you've redacted ? as the 64.68% APR doesn't seem to add up right so think we need the rate of interest per annum.... how does the monthly figure look ?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

should i be pushing them for the other documentation that they haven't been bothered to provide?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

please see attached credit agreement

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Thanks amethyst, i will scan it on tomorrow for you to have a look at.

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

few updates* had a call asking about mediation and i advised i had no documents from claimants. told they would transfer to local court for the judge to give direction. couple days later i received a letter with the credit agreement from solicitors with offer of early settlement. No other documents have been received and they have not responded to my CCA or CPR requests. what now????

oops managed to cross posts there and you're further on than I thought and done exactly the right thing so all good xx

i received a letter with the credit agreement from solicitors with offer of early settlement.

Best have a look at that agreement then Can you scan it in (redact your personal info) ?

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Defence looks fine , you've still received nothing in response to your CCA request then, and BW Legal are pushing it to court.

You should receive a copy of their N180 form before the deadline as well, there's no need to put much in yours as you're small claims track so the example http://www.legalbeagles.info/forums/...l-Claims-Track should pretty much cover it, you could put no to mediation due to complete lack of documents/cca/evidence from the claimants.

Having received the N180 does mean BW legal have replied to the defence / court and now need to pay their hearing fee ( they can get a refund up to 7 days before a hearing ).

Once both directions questionnaires have gone in you should receive a notice of allocation to your local court and then directions or a hearing date from there, which will tell both parties to put in witness statements and evidence at least 14 days prior to the hearing.

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

few updates* had a call asking about mediation and i advised i had no documents from claimants. told they would transfer to local court for the judge to give direction. couple days later i received a letter with the credit agreement from solicitors with offer of early settlement. No other documents have been received and they have not responded to my CCA or CPR requests. what now????

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

ooo dear sorry you've been missed a bit, just having a read now xxx

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

anyone able to help with this at all?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

quick update, received n180 and am returning by 29/01/2015. Am i correct in thinking that the claim should not be progressing as they haven't complied with my CCA or CPR 31.14 requests?

Thanks in advance for your help

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

anyone?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Hey i hope everyone had a great xmas, just wondering if anyones available to have a quick look at my defence which is due by tomorrow: Thanks is advance

IN THE NORTHAMPTON COUNTY COURT (CCBC)


CASE Noxxxxxxxx


BETWEEN:

LOWELL PORTFOLIO 1 LTD

CLAIMANT

-and-


debt defender

DEFENDANT




DEFENCE





1: I received the claim xxxxx from the Northampton County Court on
(date)

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 when the alleged default occurred, the degree of default, 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 defense should the Claimant replead its claim adequately

3: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defense.

4: It is believed that this claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

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 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 Welcome Financial Services Ltd to Claimant on xxxxx The Defendant does not recall receiving notice of this assignment.

8. It is denied that welcome financial services ltd 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.

9: On the xxxxxx the defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal, which is the claimant’s solicitor. The defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. BW Legal, The claimant’s solicitor has not sent any of these documents to the defendant.

11. On the xxxxxx The defendant sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. Lowell Portfolio 1 Ltd has not sent any of these documents to the defendant.

13. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

14: On xxxxxxx, The defendant asked the Claimant if we may agree to extend the time period allowed for filing of my defense pending receipt of documents (as allowed under CPR 15.5), but they have declined.

15. 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.

16. 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.

17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.

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

Conclusion
19. Accordingly, the Defendant avers that

19.1. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

19.2. The Claimant has not complied with s77(1) or s77(4), and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

19.3. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

Statement of Truth

The Defendant believes that the facts stated in this Defense are true.



Signed …………………………………………

Dated .................................................. ....


-----------------------------------------------------------------------------------------------

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

If it was issued on the 26-11 then it would be 33 days as you're allowed 5 days for service, which brings you to Monday, December 29, 2014