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Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015
Hi can someone read through my defence please and advise me if I'm possibly on the right track.
Basically I'm going with that I don't have any information about the claim/debt and haven't been provide with any even though I have requested it so cannot adequately defend myself.
thanks in advance
1: I received the claim B5AQ7415 from the Northampton County Court Business Centre on 21/01/2015
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: The defendant does not know what this claim is in reference to as the defendant does not recognise the account reference number.
4: The Claimants particulars of claim fails to give adequate information to enable me to properly assess my position with regards to 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 Loyds to Lowell Portfolio on 03/07/2013. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Loyds 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 the 23/01/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the:
a)The Agreement
b)The notice of assignment
c)The Default notice
9. Bryan Carter has not sent any of these documents to me.
10. On the 23/01.2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
13. 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.
14. 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.
15. 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.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Hi can someone read through my defence please and advise me if I'm possibly on the right track.
Basically I'm going with that I don't have any information about the claim/debt and haven't been provide with any even though I have requested it so cannot adequately defend myself.
thanks in advance
1: I received the claim B5AQ7415 from the Northampton County Court Business Centre on 21/01/2015
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: The defendant does not know what this claim is in reference to as the defendant does not recognise the account reference number.
4: The Claimants particulars of claim fails to give adequate information to enable me to properly assess my position with regards to 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 Loyds to Lowell Portfolio on 03/07/2013. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Loyds 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 the 23/01/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the:
a)The Agreement
b)The notice of assignment
c)The Default notice
9. Bryan Carter has not sent any of these documents to me.
10. On the 23/01.2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
13. 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.
14. 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.
15. 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.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
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