***DISCONTINUED*** urgent re lowell and ccj

[Amethyst]

Re: please help, urgent re lowell and ccj

Could be a little overdue yes, can you log in to moneyclaim online - that's usually the best way to see if you can still snick your defence in. They may have put a hold on it as they have moved it from BW legal to Freds so might not have asked for a default judgment - if MCOL doesn't let you in then you will need to check with the court ( northampton county court business centre)

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi @Amethyst

just logged in and it's let me in and there a bit where it looks as though I can submit defence. Status shows that it's still at acknowledgement of service. can do my best to do the defence tonight but I'm being honest I don't know what I'm doing. Another member sent me a link in this thread to a example defence, would it be ok to copy some of that where I think it's relevant? I didn't really understand the defence tht well but I think that's the best I'm going to be able to achieve tonight. Also is it all just done online or do I have to send it via post too? Thanks again.

[FlamingParrot]

Re: please help, urgent re lowell and ccj

just logged in and it's let me in and there a bit where it looks as though I can submit defence. Status shows that it's still at acknowledgement of service.

That's good news as it means judgment hasn't been requested. :thumb: :thumb: :thumb:

can do my best to do the defence tonight but I'm being honest I don't know what I'm doing. Another member sent me a link in this thread to a example defence, would it be ok to copy some of that where I think it's relevant?

This is an example defence if you are saying the debt is statute barred as well as not having received any documents: http://www.legalbeagles.info/forums/...011#post494011
This is the generic defence if you are not saying it's statute barred, just that you have not received the documents: http://www.legalbeagles.info/forums/...t-Court-Claims

I'm not sure whether you regarded this one as SBd or not so I've included both options.

I didn't really understand the defence tht well but I think that's the best I'm going to be able to achieve tonight. Also is it all just done online or do I have to send it via post too? Thanks again.

You can submit it online. :typing:

[Amethyst]

Re: please help, urgent re lowell and ccj

Have a go and post it up here before submitting on MCOL xxxx

and phew !

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=37786]FlamingParrot[/MENTION],

im glad that's good news, I'm under so much pressure at the moment anyway and this is adding terribly to it, so I can't wait for it to be all over!

thank you for your reply. I rang the bank and couldn't find out whether it is statute barred or not. They said they didn't have access to that info,

would i be able to just assume it's statue barred when I do the defence and leave it up to them to prove it otherwise?

is it good I mention in the defence it is from an account that was joint and why are they just pursuing me and not them?

thanks

[nemesis45]

Re: please help, urgent re lowell and ccj

They may well be pursuing the other party, but will not divulge if this
is the case, or it has not been possible to trace or contact that party
and therefore you are the only " target" available, The liability is joint
and several.

The Bank nor the claimant most probably have no idea of the status of the
debt in regard to the Limitations Act 1980.

SB status with a joint is tenuous if there is no way to find out if the other party
has made any payment or even admitted liability.

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi @Amethyst,

ivejust looked at at the example defence and it's great but a part from changing a couple details and maybe getting rid of one point (well not even sure about that) I just don't know what to add or include, is that ok to do just that? Will they know I just copied and pasted a defence from here? Am going to ring my gp tomorrow for a letter of support. She will write a good letter, but is ther anything specifically I could ask her to include that may help my case? Thank you x

- - - Updated - - -

Hi @nemesis,

i see what you are saying, I could try contact them but I think I'd be wasting my tim quite honestly. Is it best not to go down the sb route then if I'm not sure?

Thanks

[FlamingParrot]

Re: please help, urgent re lowell and ccj

Hi @FlamingParrot,

im glad that's good news, I'm under so much pressure at the moment anyway and this is adding terribly to it, so I can't wait for it to be all over!

thank you for your reply. I rang the bank and couldn't find out whether it is statute barred or not. They said they didn't have access to that info,

would i be able to just assume it's statue barred when I do the defence and leave it up to them to prove it otherwise?

If you are not able to get the info it probably won't be any easier for them to get it either and in civil litigation the burden of proof is on the claimant.

is it good I mention in the defence it is from an account that was joint and why are they just pursuing me and not them?

With joint accounts both parties are jointly liable for the full amount. They cannot recover the money twice but they can pursue either party to recover the whole balance.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi everyone,

ive tried to do the defence and I really haven't done much more than change a couple things on it. I saw the one below this one and it looked like a really good defence but when reading it my mind went blank. I just don't understand half of this. I'm really worried that when it comes to toeing to court I just won't have a clue what they are saying and I'll look so stupid. My medication makes it hard to concentrate and understand things sometimes. will the court take that into account and is that something I need to put in this defence anywhere?here it is and I added a question after it if I wasn't sure about something if that is ok.

1: I received the claim [Claim Number] from Northampton County Court on 19/05/15. I only received this due to being passed on the documents from my previous address.
*should I add this about me having moved address, and if so is it worded ok?


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


3: It is denied that the Defendant has previously entered into an agreement with Hbos for provision of credit.
*Should this be denied? I'm unsure as I can't work out if that's what I need to put.


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 hbos to Lowell portfolio on [Date]. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Hbos 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.
* is this bit relevant to me, or is it only about credit agreements, like loans etc?


8: On the 1/06/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


9. Bryan Carter LLP has not sent any of these documents to me.


10. 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.
* again can't be sure if this is also not relevant to me


11. 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.


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.
*i don't quite understand this, does it mean I'm denying it and they need to prove I owe it?


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 Claimants 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.

Statement of Truth


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



I removed number 3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974. Is that right?


I removed number 10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Is that right I removed it?


What I don't understand is that the example defence is 16 points long, I removed 2 and still have 15 points. Am I missing something, because I've read through and can't see why.

Should I add anything about statute barred stuff do you think?

really appreciate any advice, thank you in advance.

[Amethyst]

Re: please help, urgent re lowell and ccj

Hi @Amethyst,

ivejust looked at at the example defence and it's great but a part from changing a couple details and maybe getting rid of one point (well not even sure about that) I just don't know what to add or include, is that ok to do just that? Will they know I just copied and pasted a defence from here? Am going to ring my gp tomorrow for a letter of support. She will write a good letter, but is ther anything specifically I could ask her to include that may help my case? Thank you x

They use templates, and so long as it is amended to suit your particular claim ( and it does cover most of these types of claims) then it is of no consequence if it is from a template or not.

If you want to add in a bit about believing the debt to be statute barred, by virtue of section 5 of the limitations act 1980, do so near the beginning.

I don't know about your health conditions but if your GP includes something about stress exacerbating your condition then that should assist.

[Amethyst]

Re: please help, urgent re lowell and ccj

Few amendments for you. - double check para 6.


1: I received the claim [Claim Number] from Northampton County Court on 19/05/15. I only received this due to being passed on the documents from my previous address which I moved from in MONTH YEAR.

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

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4. The particulars of claim fail to state when the agreement was entered into.

5. The particulars of claim fail to state the type of account the debt has arisen from.

6. I have had a number with products previously with HBOS however I have not had any contact with HBOS since 2007 and it is my contention that any debt is statute barred, by virtue of section 5 of the limitations act 1980.

7. The Claimants statement of case states that the account was assigned from HBOS to Lowell portfolio on [Date]. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Hbos 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: In order to find out more information about the claim, on the 1/06/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter LLP, who are acting for the claimant. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment as mentioned in their particulars of claim.

10. Bryan Carter LLP has not sent any of these documents to me.

11. 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.

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 Claimants 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.

Statement of Truth

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

SIgned

Dated

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=6]Amethyst[/MENTION], thank you so much for helping out. You don't know what that means to me at the moment. Re paragraph 6 it sounds fine, I can't remember when I last spoke so I will put the date I think it was open. If this in accurate can I get in trouble for it, or is it ok to just do for now?

my gp can't ring me until tomorrow, but I am sure she will do a thorough and helpful letter, she is very understanding and kind. Thank you for that point, that is true and she will be able to add that point.

Thank you again.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi everyone,

i have been trying to eneter my defence online and mcol keeps saying that defence pack password is wrong. now ive gone and misplaced my court forms somewhere, but luckily i had a picture of the front of them that i posted on this thread. i just typed that in with ym claim number and it said the password was wrong! is the password something different than what is on the front of the claim? mcol lets me in and i can see options, but i try to enter a defence and it says password is wrong. im confused.

thanks

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=6]Amethyst[/MENTION] @nemesis45 @FlamingParrot

well I managed to ring the court and even though late they let me submit it through email. They've recived it, and accepted it as the other side haven't asked for judgement yet thankfully.

I pi am eager to get your opinions on this letter I recived this morning however please, as it looks to me like they are dropping it but wanted to be sure. If they are do I still need to send in the Dr letter I've got my Dr to write for me? And does this mean they will still pursue the debt just not via ccj for now?

thanks you in advance

[MIKE770]

Re: please help, urgent re lowell and ccj

Well done they have discontinued just make sure the court have been notified in a day or two, Carter does not want play anymore! Never change Uncle Brian!