Court Claim - lowell / jd williams - 2-9-2015

[FlamingParrot]

Re: Court Claim - lowell / jd williams - 2-9-2015

hi kati thanks for your help what do i need to do now ? i've received letter from bryan carter as i said but i haven't received anything else from court or lowell yet,so what do i need to do now ? many thanks pat

Not much for now. :ranger:

You've still got another two weeks before your defence is due. It would be extremely unusual for you to receive anything in the way of documents from either Lowell or Carter. There's no need to chase the CCA request because non-compliance is a bar to enforcement.

If you've sent him the letter linked to above, that's as far as you can go with Carter. When your defence is due you'll just have to submit a generic defence based around not having received anything from them. You'll find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims :thumb:

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

Not much for now. :ranger:

You've still got another two weeks before your defence is due. It would be extremely unusual for you to receive anything in the way of documents from either Lowell or Carter. There's no need to chase the CCA request because non-compliance is a bar to enforcement.

If you've sent him the letter linked to above, that's as far as you can go with Carter. When your defence is due you'll just have to submit a generic defence based around not having received anything from them. You'll find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims :thumb:

ok thats great thanks for your help

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

hi i have checks the you gov site and there is nothing put on from the court im getting worried now , any help please ?

[FlamingParrot]

Re: Court Claim - lowell / jd williams - 2-9-2015

hi i have checks the you gov site and there is nothing put on from the court im getting worried now , any help please ?

Did you submit your defence?

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

no i thought i had to wait for reply from court or carter/lowell? thanks pat

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

what can i do now please ?

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

i have to log of now for a hour while i sort my wifes meds ect thanks for your help pat

[nemesis45]

Re: Court Claim - lowell / jd williams - 2-9-2015

what can i do now please ?

No defence filed is a problem, when was it due to be filed? If it's out of time Lowell can seek summary judgment.
Check your dates, date claim issued, date claim acknowledged, date defence due.

nem

[FlamingParrot]

Re: Court Claim - lowell / jd williams - 2-9-2015

no i thought i had to wait for reply from court or carter/lowell? thanks pat

On the post I'm quoting below I said if you hadn't received anything by the time it was due, you has to file a generic defence such as those in the examples linked to. :typing:

From what you say above, it looks like they haven't requested default judgment ray: so you should file a generic defence TODAY! As long as no judgment has been made, you should still be able to submit it, there was someone else on here who filed it 10 days late.

Take a look at the link below and start drafting a version for yourself, you may want to post it up here before submitting it but you really need to make it your priority to file it a.s.a.p. to avoid default judgment against you. :scared:

Not much for now.

You've still got another two weeks before your defence is due. It would be extremely unusual for you to receive anything in the way of documents from either Lowell or Carter. There's no need to chase the CCA request because non-compliance is a bar to enforcement.

If you've sent him the letter linked to above, that's as far as you can go with Carter. When your defence is due you'll just have to submit a generic defence based around not having received anything from them. You'll find examples here: http://www.legalbeagles.info/forums/...it-Court-Claims

[Kati]

Re: Court Claim - lowell / jd williams - 2-9-2015

No defence filed is a problem, when was it due to be filed? If it's out of time Lowell can seek summary judgment.
Check your dates, date claim issued, date claim acknowledged, date defence due.

nem

....

Date of Issue was the 2nd September, so it needs to be in on the 5th October (http://www.timeanddate.com/date/date...aw=&ad=33&rec=).

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

hi 33 days from the 2th of the 9 2015 , im about a week ,i thought someone would contact me from the court site as i was told no to worrie i would get help ? thanks pat i have to go now for awhile while i sort my wifes meds thanks thanks pat

[FlamingParrot]

Re: Court Claim - lowell / jd williams - 2-9-2015

what can i do now please ?

i have to log of now for a hour while i sort my wifes meds ect thanks for your help pat

You need to draft a defence based on them not sending you the documents.

[nemesis45]

Re: Court Claim - lowell / jd williams - 2-9-2015

....

10 days out of time, so possibly no subject to sanction by the court
or application by Lowell for summary judgement, bearing in mind
the current backlog in the system an application may well be in the
system call the court manager explain what has happened.
A defence based up on " non production" of requested documents rendering the debt
unenforceable .
Needs to be filed asap.

nem

[patman1234]

Re: Court Claim - lowell / jd williams - 2-9-2015

is that this letter ? and do i send it to the county court or do it on line ? thanks pat

• A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
• A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.
  
  -----------------------------------------------------------------------------------------------
  

EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

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.

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 tothe 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 .................................................. ....

-----------------------------------------------------------------------------------------------

- - - Updated - - -

hi is this the letter i send to the court or can i send it on line throught the gov website ? thanks pat

• A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
• A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.
  
  -----------------------------------------------------------------------------------------------
  

EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

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.

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 tothe 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 .................................................. ....

-----------------------------------------------------------------------------------------------

[nemesis45]

Re: Court Claim - lowell / jd williams - 2-9-2015

is that this letter ? and do i send it to the county court or do it on line ? thanks pat

• A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
• A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.
  
  -----------------------------------------------------------------------------------------------
  

EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

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.

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 tothe 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 .................................................. ....

-----------------------------------------------------------------------------------------------

- - - Updated - - -

hi is this the letter i send to the court or can i send it on line throught the gov website ? thanks pat

• A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
• A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.
  
  -----------------------------------------------------------------------------------------------
  

EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

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.

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 tothe 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 .................................................. ....

-----------------------------------------------------------------------------------------------

Yes, you can file online at Money Claim Online (MCOL)

nem