**DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

no reply received yet, but will let you know if I receive anything.

Many thanks for everyones help so far.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Still no reply from either Lowells or BW Legal. Am assuming this is 'normal'!

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

received a letter from BW dated 21.1.15

They confirm receipt of request for documentation under CPR-31.14

They have referred the request to their client. They state that the client may have to refer the request to the original creditor. Accordingly the documentation will be forwarded upon receipt.

They will seek to ensure that the information I have requested is provided within 12 working days, however this is contingent on receiving the documentation from the original creditor within the aforementioned timescale.

is it just a question of waiting now to see what happens?

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Yes it's wait & see, it's one of the most reasonable responses to a request I've seen for a long time.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Will post what, or if, I receive anything. Was quite a reasonable reply tho, considering what others have said they have received.

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Will post what, or if, I receive anything. Was quite a reasonable reply tho, considering what others have said they have received.

Yes a very reasonable response a " one off" I wonder.
nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

So....CPR request was received by BW 15.1.2015, as they have not sent any of the documentation I requested, are they now in breach of the request?

Also the date of issue was 8/1/15, am I right in saying my defence need to be filed by 10/2/2015?

Thanks

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Am starting to construct a defence but am seeking some guidance...........Thanks

[Amethyst]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

There's a good starting point http://www.legalbeagles.info/forums/...t-Court-Claims

Still nothing back on the CCA request?

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

No, still nothing back on the CCA request from Lowell.

Thanks for the starting point!

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

So here is my full defence with xxxx replacing dates and references

1. I received the claim xxxxxx from Northampton County Court Business Centre on xxxxx
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
3. This claim appears to be for a personal loan agreement regulated by the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Welcome Financial Services Ltd to Lowell Portfolio 1 Ltd on xxxxxx. The defendant does not recall receiving notice of this assignment.
7. 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.
8. On xxxxx 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 personal loan agreement, notice of assignment and default notice.
9. BW Legal has not sent any of these documents to me.
10. On the xxxxx I 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 £1.00 fee.
11. The Claimant has failed to comply with section 77(1) Consumer Credit Act 1974 and by virtue section 77(4) Consumer Credit Act 1974 cannot enforce the agreement.
12. 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.
13. 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.
14. In the event that the relevant documents are received from the Claimant I will then be in a position to amend my defence , and would ask that the Claimants bear the costs of the amendment.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Will this be OK?

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Should I mention anything in the defence to the alleged debt, to it being Statute Barred?

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

The defendant believes that in the date the claim was issued the debt was statute barred under the provisions of the Limitations Act 1980.

Have you check your credit reference files for this account? If not check Noddle on line it's a free site.
You need some backup ready for the SB claim.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I have checked noodle and nothing is showing in relation to any personal loans or finance. Should i add that into the defence too. something along these lines

The defendant believes that in the date the claim was issued the alleged debt was statute barred under the provisions of the Limitations Act 1980. This has been checked on the defendants credit reference file, which would show any outstanding debt 6 years old or less.

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

You've got it spot on, it pays to keep all things as clear and as simple as possible.

nem