CCJ Application/BW Legal/British Credit Trust

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Morning Jon, yes I did tick defend in full as well as acknowledging the claim.

I will draft a letter over the weekend and put on here for approval if thats ok?

Certainly! :thumb:

You'll find examples of generic defences based around not having received documents, here: http://www.legalbeagles.info/forums/...t-Court-Claims :typing:

I can't thank you all enough for the help and advice I have received on this forum, I don't know what I would have done without said help/advice. So thank you once again.

You are very welcome. :yo:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Certainly! :thumb:

You'll find examples of generic defences based around not having received documents, here: http://www.legalbeagles.info/forums/...t-Court-Claims :typing:


You are very welcome. :yo:

Evening Parrot,

I am just in the process of drafting my letter up but I am struggling a little bit with what to omit/include in it from the link you supplied.

The date on my claim is 29th June but I didn't receive it until 9th July.

Could you help me as to what I should actually include in the letter please? Am I right in assuming the letter is for the court to apply for an extension?

Sorry if I am sounding a little confused.

Kind regards

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

No you are drafting your defence based on the fact that no cca request has been complied with no cpr has been complied with. You are also asking the court that should the claimants comply with your requests that you may alter your defence if necessary and that the claimant pays the cost. Can I suggest you pm the parrot

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

No you are drafting your defence based on the fact that no cca request has been complied with no cpr has been complied with. You are also asking the court that should the claimants comply with your requests that you may alter your defence if necessary and that the claimant pays the cost. Can I suggest you pm the parrot

thank you Jon. I feel I am in way above my head. :tinysmile_hmm_t2:

- - - Updated - - -

Defence
1: I received the claim B4DP65T0 from Northampton County Court on 9^th July 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 Loan agreement regulated under 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 British Credit Trust to Lowell Portfolio 1 on 27/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that British Credit Trust 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 10^th July 2015 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 Agreement, Default Notice and Notice of Assignment.

9. BW Legal has not sent any of these documents to me.

10. On the 10^th July 2015 I sent a formal request for a copy of the original agreement to Lowell Porfolio 1 Ltd 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.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

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.

Statement of Truth

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



Signed …………………………………………

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



This is what I have edited so far from the link Parrot gave me. The bold text is what I am unsure of.??

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

- - - Updated - - -

Defence
1: I received the claim B4DP65T0 from Northampton County Court on 9^th July 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 Loan agreement regulated under 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. Fine just change the font to normal

6. The Claimants statement of case states that the account was assigned from British Credit Trust to Lowell Portfolio 1 on 27/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that British Credit Trust 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 10^th July 2015 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 Agreement, Default Notice and Notice of Assignment.

9. BW Legal has not sent any of these documents to me.

10. On the 10^th July 2015 I sent a formal request for a copy of the original agreement to Lowell Porfolio 1 Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. S77 is for a loan S78 is for a credit card

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 See above

[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),xxx but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] Am I right , they have just failed to respond, if so insert that where I have put xxx and delete the rest , if you have not asked do not include that paragraph

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.

Statement of Truth

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



Signed …………………………………………

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



This is what I have edited so far from the link Parrot gave me. The bold text is what I am unsure of.??[/QUOTE]


I hope that helps, try to get it filed tonight

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

- - - Updated - - -

Defence
1: I received the claim B4DP65T0 from Northampton County Court on 9^th July 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 Loan agreement regulated under 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. Fine just change the font to normal

6. The Claimants statement of case states that the account was assigned from British Credit Trust to Lowell Portfolio 1 on 27/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that British Credit Trust 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 10^th July 2015 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 Agreement, Default Notice and Notice of Assignment.

9. BW Legal has not sent any of these documents to me.

10. On the 10^th July 2015 I sent a formal request for a copy of the original agreement to Lowell Porfolio 1 Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. S77 is for a loan S78 is for a credit card

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 See above

[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),xxx but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] Am I right , they have just failed to respond, if so insert that where I have put xxx and delete the rest , if you have not asked do not include that paragraph

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.

Statement of Truth

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



Signed …………………………………………

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



This is what I have edited so far from the link Parrot gave me. The bold text is what I am unsure of.??

I hope that helps, try to get it filed tonight[/QUOTE]

Many many thanks Jon. I shall get this posted recorded delivery tomorrow. Or can I do it online?

Thank you once again.

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

I believe you can do it online,

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

Just been told you should be able to do it through MCOL but any problems email. Thanks FP

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Just been told you should be able to do it through MCOL but any problems email. Thanks FP

Hi Jon,

MCOL still won't let me log in. I can get logged in with my Gateway username/password etc but MCOL keeps saying wrong username/password. I know I inputting the correct information. :colbert::colbert:

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Hi Jon,

MCOL still won't let me log in. I can get logged in with my Gateway username/password etc but MCOL keeps saying wrong username/password. I know I inputting the correct information. :colbert::colbert:

That happens with some claims, their system just doesn't recognise the P/W. You can either try their helpdesk (email or ring tomorrow) or submit your defence by email: ccbcdefendants@hmcts.gsi.gov.uk. The subject heading would be your claim details (Claimant -v- Defendant and claim number - DEFENCE).

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

That happens with some claims, their system just doesn't recognise the P/W. You can either try their helpdesk (email or ring tomorrow) or submit your defence by email: ccbcdefendants@hmcts.gsi.gov.uk. The subject heading would be your claim details (Claimant -v- Defendant and claim number - DEFENCE).

It's very frustrating FP. I will do it by email now. Incidentally I still haven't had any response from Lowell or any documents from BW.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

It's very frustrating FP. I will do it by email now. Incidentally I still haven't had any response from Lowell or any documents from BW.

Is it best to send the defence online with an attached Word document?

Thank you.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Is it best to send the defence online with an attached Word document?

Thank you.

If you are sending an email then you may want to attach a Word document because those are much easier to keep properly formatted than just email text.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

It's very frustrating FP. I will do it by email now.

Yes, most annoying when the P/W doesn't work, we've had a few cases here.

Incidentally I still haven't had any response from Lowell or any documents from BW.

That would be the reason you are filing a generic defence based around their non-compliance. Those claims are issued hoping for default judgment due to lack of response to the claim, no documents are required to obtain it that way.

With a bit of luck, they'll never find anything and will have to end up discontinuing the claim, what a shame, uh? C'est la vie! ray:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Yes, most annoying when the P/W doesn't work, we've had a few cases here.

That would be the reason you are filing a generic defence based around their non-compliance. Those claims are issued hoping for default judgment due to lack of response to the claim, no documents are required to obtain it that way.

With a bit of luck, they'll never find anything and will have to end up discontinuing the claim, what a shame, uh? C'est la vie! ray:

Thank you FP. Sent it last night as a Word Document.

Just over a week ago now that I sent request to Lowell & BW and nothing returned of what I requested.