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Re: BW Legal
Hi Nem/Flaming Parrot have sent Sar to cap 1 setting out my defence if you could look over for me would be great
defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio 1 LTD, the Claimant.
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.
3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system.)
4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the Defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.
5.Before the claim was issued I had contacted Bw Legal (Claimants Solicitors stating on the 16th May 2015 ,” As this debt is Statue Barred, you cannot take court action unless you can provide documentary evidence of payment or written contact from me acknowledging any alleged debt within this period, as per s5 of the Limitation Act 1980, and any court claim will be defended and counter claimed against on this basis. Bw Legal Acknowledged the letter Stating a payment was made in July 2009 but still to date have not provided any documentation, without such proof the alleged payment is totally refuted.
6.On the 1st June 2015 I sent to Bw legal a request under the legislation contained within s.78 (1) Consumer Credit Act 1974. Bw Legal acknowledged the letter. Stating (They have referred my request to their client Lowell)
7. On receipt of the claim form[IMG]file:///C:\Users\pete\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.gif[/IMG] I, the Defendant, sent a CPR 31.14Request (4th June 2015 )to Claimant for a copy of the agreement and any other supporting documents mentioned in the Particulars of Claim. Lowell Acknowledged the letter stating (BW legal is handling the County Court proceedings on their behalf and they have passed my request to them)
8.The Claimant states the default noticed was served, I the Defendant did not receive a default notice.
9. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence.I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.
10. It is denied that I have an agreement with Lowell.
11. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted and was not available when the claim was processed. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.
12. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.
AND the Defendant
Seeks an order that the Claimant’saction is struck out or otherwise is dismissed[IMG]file:///C:\Users\pete\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.gif[/IMG] on the grounds that any claim cannot succeed.
Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.
The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.
Statement of Truth
I believe that the facts stated in this defence are true.
Signed
Hi Nem/Flaming Parrot have sent Sar to cap 1 setting out my defence if you could look over for me would be great
defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio 1 LTD, the Claimant.
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.
3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system.)
4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the Defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.
5.Before the claim was issued I had contacted Bw Legal (Claimants Solicitors stating on the 16th May 2015 ,” As this debt is Statue Barred, you cannot take court action unless you can provide documentary evidence of payment or written contact from me acknowledging any alleged debt within this period, as per s5 of the Limitation Act 1980, and any court claim will be defended and counter claimed against on this basis. Bw Legal Acknowledged the letter Stating a payment was made in July 2009 but still to date have not provided any documentation, without such proof the alleged payment is totally refuted.
6.On the 1st June 2015 I sent to Bw legal a request under the legislation contained within s.78 (1) Consumer Credit Act 1974. Bw Legal acknowledged the letter. Stating (They have referred my request to their client Lowell)
7. On receipt of the claim form[IMG]file:///C:\Users\pete\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.gif[/IMG] I, the Defendant, sent a CPR 31.14Request (4th June 2015 )to Claimant for a copy of the agreement and any other supporting documents mentioned in the Particulars of Claim. Lowell Acknowledged the letter stating (BW legal is handling the County Court proceedings on their behalf and they have passed my request to them)
8.The Claimant states the default noticed was served, I the Defendant did not receive a default notice.
9. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence.I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.
10. It is denied that I have an agreement with Lowell.
11. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted and was not available when the claim was processed. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.
12. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.
AND the Defendant
Seeks an order that the Claimant’saction is struck out or otherwise is dismissed[IMG]file:///C:\Users\pete\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.gif[/IMG] on the grounds that any claim cannot succeed.
Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.
The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.
Statement of Truth
I believe that the facts stated in this defence are true.
Signed
i have filed this evening regards Peter
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