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

**FlamingParrot** · 4th December 2014, 20:27:PM

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

Hi and welcome

You seem pretty clued up and have obviously been reading other threads. :clap2: The Part 18 request is usually only sent when you want to obtain specific information that does not relate to documents mentioned on the particulars of claim, such as the date of the last payment made into the account when you suspect it may be statute barred. If you last paid in 2009 that wouldn't be the case, however, you say it no longer appears on your credit file, could it have been defaulted earlier? :noidea: I don't think the default would have been removed from your file just because Welcome went under, and the account is owned by Lowell so it would still show up with Lowell's name against it.

**Kafka** · 4th December 2014, 20:53:PM

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

When was the account opened?

Was it unsecured?

**DEBTDEFENDER** · 5th December 2014, 11:46:AM

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

hi guys, thanks for the responses. Yes the account was unsecured and was opened in march 2008. defaulted in october 2009 and definitely no longer appears on my credit file. it was marked satisfied in 2012 under welcomes name and then dropped off for some reason. i presume this was when lowell took over the debt but to date have not marked the default on my file under their own name.

so no need for the part 18 request. will get the other bits sent off recorded delivery today. I'm just afraid that they will come back with the required documents at which point i don't know what ill do. Again thanks for your help/guidance

**FlamingParrot** · 5th December 2014, 20:30:PM

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

Originally posted by DEBTDEFENDER View Post

hi guys, thanks for the responses. Yes the account was unsecured and was opened in march 2008. defaulted in october 2009 and definitely no longer appears on my credit file. it was marked satisfied in 2012 under welcomes name and then dropped off for some reason. i presume this was when lowell took over the debt but to date have not marked the default on my file under their own name.

so no need for the part 18 request. will get the other bits sent off recorded delivery today. I'm just afraid that they will come back with the required documents at which point i don't know what ill do. Again thanks for your help/guidance

One thing I think I must mention here is that, since you opened the account after April 2007, you will no longer have the protection of s.127 of the CCA 1974 which was the one that prevented a court from making an enforcement order unless it could be established that there was a properly executed agreement with all the prescribed terms.

**DEBTDEFENDER** · 5th December 2014, 20:42:PM

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

thanks for the response. so there was no point in me sending the document requests them to then. does this mean that i have no way to contest this and its either i pay them or get a ccj??

**FlamingParrot** · 5th December 2014, 20:50:PM

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

Originally posted by DEBTDEFENDER View Post

thanks for the response. so there was no point in me sending the document requests them to then. does this mean that i have no way to contest this and its either i pay them or get a ccj??

Let's see how the application progresses and whether they can produce documents or not.

If it comes to the point where you cannot successfully defend, you can sign a Tomlin Order which would stay the proceedings as long as the terms of the order are kept to. This would avoid a CCJ on your record, but we'll cross that bridge if/when we come to it. :thumb:

**DEBTDEFENDER** · 17th December 2014, 14:42:PM

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

hey guys so with just a week left to prepare my defence, i thought i would just touch base before the xmas break period. I spoke with BW legal who confirmed receipt of my requests but gave the usual 'we need to go back to my client' speech. should i be pushing them for anything at all at this stage? will i need to get an extension on the date for submitting the defence?
i know there won't be many people around on xmas eve so should i start preping my defence now and is there a template for this?
thanks in advance for your help

**Amethyst** · 19th December 2014, 10:12:AM

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

YEs there is an example to work from http://www.legalbeagles.info/forums/...t-Court-Claims

For Welcome Finance it is unlikely they will come up with anything so I'd be tempted just to put your defence in rather than prolong the agony for another month.

Once you have got a draft cracked post it up and we'll try check it over before you send it.

**DEBTDEFENDER** · 19th December 2014, 11:23:AM

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

excellent, thanks for your help. I will get drafting and then post the defence up. is my deadline 28 days from the 26/11/2014?

**Amethyst** · 19th December 2014, 11:45:AM

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

**DEBTDEFENDER** · 28th December 2014, 15:17:PM

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 .................................................. ....

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

**DEBTDEFENDER** · 28th December 2014, 21:13:PM

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

anyone?

**DEBTDEFENDER** · 27th January 2015, 13:45:PM

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** · 29th January 2015, 22:11:PM

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

anyone able to help with this at all?

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