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

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  • #31
    Re: Court Claim - lowell / jd williams - 2-9-2015

    thanks so much pat

    Comment


    • #32
      Re: Court Claim - lowell / jd williams - 2-9-2015

      Edit the document so that it reflects your circumstances
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #33
        Re: Court Claim - lowell / jd williams - 2-9-2015

        thanks katie pat

        Comment


        • #34
          Re: Court Claim - lowell / jd williams - 2-9-2015

          Do post up a draft on here before you file it. :thumb:

          Comment


          • #35
            Re: Court Claim - lowell / jd williams - 2-9-2015

            Originally posted by FlamingParrot View Post
            Do post up a draft on here before you file it. :thumb:
            thanks iwill thanks a lot pat

            Comment


            • #36
              Re: Court Claim - lowell / jd williams - 2-9-2015

              hiFlamingParrot this is what i was going to snd to my defence ? thanks pat name xxxxxx address tel no email @gobot.com
              -----------------------------------------------------------------------------------------------

              1: I received the claim [B7AQ4N06 from the Northampton County Court on 02-SEP-2015

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

              3: This claim
              JD WILLIAMS A/C NO xxxxxxxxxxxxxx a 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. JD WILLIAMS A/C NO xxxxxxxxxx

              6. The Claimants statement of case states that the account was assigned from to LOWELL PORTFOLIO I LTD on 10 august 2015 The Defendant does not recall receiving notice of this assignment.

              7. It is denied that
              JD WILLIAMS 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
              02-SEP-2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [bryan carter solicitors ]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

              9.
              [bryan carter solicitors] has not sent any of these documents to me.

              10. On the
              [9th September 2015] I sent bryan carter solicitors 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 …xxxxxxxxxxxxxxx………………………………………

              Dated ......15-10-2015............................................ ....
              Last edited by patman1234; 15th October 2015, 12:30:PM.

              Comment


              • #37
                Re: Court Claim - lowell / jd williams - 2-9-2015

                Slightly revised: :thumb:

                1. I received the claim number B7AQ4N06 from the Northampton County Court on September 2nd 2015.
                2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
                3. This claim relates to a catalogue account regulated by the Consumer Credit Act 1974 with JD Williams.
                4. The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
                5. The particulars of claim fail to state when the agreement was entered into.
                6. The Claimant's statement of case states that the account was assigned from to Lowell Portfolio I Ltd on March 13th 2015. The Defendant does not recall receiving notice of this assignment.
                7. It is denied that JD Williams served a Default notice on the Defendant pursuant to s.87 of the Consumer Credit Act 1974. The Claimant is put to strict proof to show that a compliant Default Notice was served upon the Defendant.
                8. On September 2nd 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 provide copies of the Agreement, Default Notice and Notice of Assignment.
                9. Bryan Carter Solicitors have not sent any of these documents to me.
                10. On September 9th 2015, I sent a formal request for a copy of the original agreement to the Claimant Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
                11. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the 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.
                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 …xxxxxxxxxxxxxxx………………………………………

                Dated ......15-10-2015............................................ ....

                Looking at the particulars of the claim, I don't see a mention of a default notice (something that we're seeing more and more on recent claims :ohwell: ). For that reason, I don't know whether you requested that in your CPR request letter as you can only request the documents mentioned in the particulars of claim. However, a default notice IS required under s.87 of the CCA so we can still leave that in as item 7.

                Comment


                • #38
                  Re: Court Claim - lowell / jd williams - 2-9-2015

                  Originally posted by FlamingParrot View Post
                  Slightly revised: :thumb:

                  1. I received the claim number B7AQ4N06 from the Northampton County Court on September 2nd 2015.
                  2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
                  3. This claim relates to a catalogue account regulated by the Consumer Credit Act 1974 with JD Williams.
                  4. The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
                  5. The particulars of claim fail to state when the agreement was entered into.
                  6. The Claimant's statement of case states that the account was assigned from to Lowell Portfolio I Ltd on March 13th 2015. The Defendant does not recall receiving notice of this assignment.
                  7. It is denied that JD Williams served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is put to strict proof to show that a compliant Default Notice was served upon the Defendant.
                  8. On September 2nd 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 provide copies of the Agreement, Default Notice and Notice of Assignment.
                  9. Bryan Carter Solicitors have not sent any of these documents to me.
                  10. On September 9th 2015, I sent a formal request for a copy of the original agreement to the Claimant Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
                  11. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the 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.
                  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 …xxxxxxxxxxxxxxx………………………………………

                  Dated ......15-10-2015............................................ ....
                  should i just post this now as my defence on the you gov site now thanks for your help pat

                  Comment


                  • #39
                    Re: Court Claim - lowell / jd williams - 2-9-2015

                    Originally posted by patman1234 View Post
                    is that this letter ? and do i send it to the county court or do it on line ? thanks pat
                    You need to log in to MCOL and file it online. :typing:

                    You should really do it today, :clock: before they request default judgment. :scared:

                    Originally posted by patman1234 View Post
                    • 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.
                    I've taken out references to s.77 and left the ones to s.78 which is the one that applies to a catalogue account. :thumb:

                    Comment


                    • #40
                      Re: Court Claim - lowell / jd williams - 2-9-2015

                      Originally posted by FlamingParrot View Post
                      You need to log in to MCOL and file it online. :typing:

                      You should really do it today, :clock: before they request default judgment. :scared:


                      I've taken out references to s.77 and left the ones to s.78 which is the one that applies to a catalogue account. :thumb:
                      thanks so muck for your help pat

                      Comment


                      • #41
                        Re: Court Claim - lowell / jd williams - 2-9-2015

                        hi i have filed on line but i may have done it wrong because it said i would have to pay court fee upfront if i wanted to make a reclaim so i put no as i dont have a money to pay up front !!i have just copyed and paste the defence letter , have i done it wrong now ? heads exploding now !!! thanks alot pat

                        Comment


                        • #42
                          Re: Court Claim - lowell / jd williams - 2-9-2015

                          Originally posted by patman1234 View Post
                          hi i have filed on line but i may have done it wrong because it said i would have to pay court fee upfront if i wanted to make a reclaim so i put no as i dont have a money to pay up front !!
                          That would refer to a COUNTERCLAIM, in which case you, like every claimant, would have to pay for the claim, it does not apply to filing a defence.
                          Originally posted by patman1234 View Post
                          i have just copyed and paste the defence letter , have i done it wrong now ? heads exploding now !!! thanks alot pat
                          What happened after you did that? What did you get on the screen? Did you get confirmation?

                          You may want to give the MCOL helpdesk a call, I think it's still time to do that. :cell:

                          Comment


                          • #43
                            Re: Court Claim - lowell / jd williams - 2-9-2015

                            If you get no joy with MCOL (and they are hopeless ), you can also file it by email to ccbcdefendants@hmcts.gsi.gov.uk

                            In the subject field you put CLAIM No. xxxxxxxxx - LOWELL -V- PATMAN1234 - DEFENCE

                            Copy and paste all the text as the body of the email. Head it as follows:

                            In the Northampton County Court CLAIM NO: XXXXXXX


                            LOWELL Claimant

                            -V-

                            PATMAN1234 Defendant

                            _________________________
                            DEFENCE
                            _________________________

                            Comment


                            • #44
                              Re: Court Claim - lowell / jd williams - 2-9-2015

                              hi what i did i just clicked i don't want to counter claim then it when to the normal screen and shown me that i had entered a defence and a copy of what i have said ie the defence letter then it when to the end of the process asked me to sign and that was that , thanks pat

                              - - - Updated - - -

                              great thanks i will do that thanks pat

                              Comment


                              • #45
                                Re: Court Claim - lowell / jd williams - 2-9-2015

                                Originally posted by patman1234 View Post
                                hi what i did i just clicked i don't want to counter claim then it when to the normal screen and shown me that i had entered a defence and a copy of what i have said ie the defence letter then it when to the end of the process asked me to sign and that was that , thanks pat

                                WELL DONE! :clap2: :clap2: :clap2:

                                That was a narrow escape! :eek2:

                                Just as well they don't know how to keep to timescales themselves, or how to set up Outlook reminders, etc. :rofl: :tape2:

                                Comment

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