Bcs claim form, lowell/shop direct

[nemesis45]

Re: Bcs claim form, lowell/shop direct

Fine,

Get that posted use signed for post.

nem

[jojo03]

Re: Bcs claim form, lowell/shop direct

Yay thank you! :-)

Going to amend that ''properly'' to ''probably'' first though haha! Glad I proof read enough times!

Will update when I hear back.

[jojo03]

Re: Bcs claim form, lowell/shop direct

I posted the claim form on 8th May to the court acknowledging the claim with intention to defend in full but haven't heard back- how do I know they received it? I sent it first class post not recorded :-( will they send me a letter? Should I call them?

Thanks!

[Kati]

Re: Bcs claim form, lowell/shop direct

Give them a call if you're worried

[jojo03]

Re: Bcs claim form, lowell/shop direct

Called them and they have got it, they said they don't acknowledge receipt which is a bit wrong imo! But hey, I can relax now. They confirmed I have until 1st June to submit my defence, if I've not heard back from BC by the 29th shall I go ahead and submit my defence? I might need some guidance with that when the time comes if you don't mind :-)

[jojo03]

Re: Bcs claim form, lowell/shop direct

Been reading some other posts and want to make sure I have got everything in order and ok for time.
I sent off the CCA request to Lowell on 9/5/15. Do they have 12 working days to comply or 12 days total?
12 working days would mean their response is 26/5/15 (6 days before my defence has to be filed).
12 days total would mean it's due tomorrow.

Also, I think I read somewhere that I should look to file my defence around 10 days before the deadline?

I've also seen on other threads that some have had to send an 'unless order'- would I need to do that if I don't receive the requested docs, or should I base my defence on it being stat barred and mention they did not comply with my cpr or cca requests?

Maybe I am reading too much and complicating things :-/ sorry to pester you and thanks for your help :-)

[jojo03]

Re: Bcs claim form, lowell/shop direct

Ok I have found another thread and seen it is 12+2 working days which means Lowell have up until 28/5 to respond to my CCA. This is only 4 days before by defence is due in, I guess that's ok?
I am thinking of preparing my defence now based on the fact it is SB and I am unlikely to get a response from Lowell. I will put it through if I've heard nothing from Lowell by 12pm on 28th.
Is there a defence template I can use for SB claims and should I merge it with a defence based on non compliance with CCA/CPR requests?

[nemesis45]

Re: Bcs claim form, lowell/shop direct

Prepare your defence anyway.

Keep a check on the court, if Lowell haven't got the agreement an cannot file on time
the claim will be stayed. ( you will not ne informed),

nem

[jojo03]

Re: Bcs claim form, lowell/shop direct

Will I need to send an unless order for that to happen or will the court already be waiting for it?

Thanks :-)

[jojo03]

Re: Bcs claim form, lowell/shop direct

Here is my draft defence if you wouldn't mind checking it over for me? Do you think I should mention that Bryan Carter have tried to pull the wool over my eyes with regards to the Limitation Act?

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE NO: BXXXXXX
BETWEEN:
LOWELL PORTFOLIO (CLAIMANT)
And
JOJO03 (DEFENDANT)


1: I received the claim BXXXXXX from the Northampton County Court on 30^th April 2015.

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 catalogue account agreement regulated under the Consumer Credit Act 1974. It is denied that I entered into a consumer credit regulated agreement with Shop Direct. I do not recall seeing or signing any such agreement.

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 Shop Direct to Lowell Portfolio I Ltd on 10/02/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Shop Direct 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. I have not acknowledged or made any payments to Shop Direct or any party acting on their behalf, or any assignee of the alleged debt in the past 6 years.
9. Therefore it is submitted that any debt would be statue barred under section 5 of the Limitations act 1980.

10: On the 9^th May 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 and also to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Bryan Carter Solicitors has not sent any of these documents to me.

12. On the 9^th May 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14: 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.

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 Claimant to provide the necessary documentation in order for me to fully plead my case, and provide strict proof of any acknowledgement or payment in the last 6 years or 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 defence, 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.

Statement of Truth

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



Signed …………………………………………

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

[jojo03]

Re: Bcs claim form, lowell/shop direct

ooh I forgot to state that I advised BC that the debt is statute barred, where and how would you suggest I include that? Thanks!

[jojo03]

Re: Bcs claim form, lowell/shop direct

My amended version- could you let me know if that is ok?

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE NO: BXXXXXX
BETWEEN:
LOWELL PORTFOLIO (CLAIMANT)
And
JOJO03 (DEFENDANT)


1: I received the claim BXXXXXXX from the Northampton County Court on 30^th April 2015.

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 catalogue account agreement regulated under the Consumer Credit Act 1974. It is denied that I entered into a consumer credit regulated agreement with Shop Direct. I do not recall seeing or signing any such agreement.

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 Shop Direct to Lowell Portfolio I Ltd on 10/02/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Shop Direct 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. I have not acknowledged or made any payments to Shop Direct or any party acting on their behalf, or any assignee of the alleged debt in the past 6 years.
9. Therefore it is submitted that any debt would be statue barred under section 5 of the Limitations act 1980.

10: On the 9^th May 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 provides copies of the Agreement, Default Notice and Notice of Assignment. I also informed Bryan Carter that this debt would have been statute barred prior to submitting their claim to the court.

11. Bryan Carter Solicitors has not sent any of these documents to me, and has denied that the debt it statute barred. I would suggest that they do not have an accurate understanding of the Limitations Act 1980.

12. On the 9^th May 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14: 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.

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 Claimant to provide the necessary documentation in order for me to fully plead my case, and provide strict proof of any acknowledgement or payment in the last 6 years or 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 defence, 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.

Statement of Truth

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



Signed …………………………………………

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

[nemesis45]

Re: Bcs claim form, lowell/shop direct

Good to go jojo.

nem

[jojo03]

Re: Bcs claim form, lowell/shop direct

Yay :-) thank you. I will submit on 28th if nothing received from BC/Lowell beforehand.
I wasn't able to register/acknowledge online as I kept getting an error, I am hoping I will be able to submit my defence online when the time comes but if I can't, am I ok just printing the above defence and sending it in via post together with the claim form? I am hoping they get it in time, I will send next day recorded or something.

- - - Updated - - -

Yay :-) thank you. I will submit on 28th if nothing received from BC/Lowell beforehand.
I wasn't able to register/acknowledge online as I kept getting an error, I am hoping I will be able to submit my defence online when the time comes but if I can't, am I ok just printing the above defence and sending it in via post together with the claim form? I am hoping they get it in time, I will send next day recorded or something.

SCRAP THAT!! Just managed to get registered online so shouldn't be a problem :-)

[nemesis45]

Re: Bcs claim form, lowell/shop direct

Well done jojo, don't forget to keep copies of absolutely everything.

nem