Help with a Lowell court claim please

[nemesis45]

Re: Help with a Lowell court claim please

Yes I think so - The default they have sent me is 2007, I think it went into proper default later than this but still way before 2010

OK add in a new para. say as 2. a. The defendant avers that the alleged debt from which this claim arises is statute barred under the provisions of Section 5 of the Limitation Act 1980 no payment or written acknowledgment having been made in more than 6 years. The alleged debt was statute barred on the date this claim was issued.
OK Jo

nem

[jojojo]

Re: Help with a Lowell court claim please

Yes I think so - The default they have sent me is 2007, I think it went into proper default later than this but still way before 2010

[nemesis45]

Re: Help with a Lowell court claim please

Great thanks - do I need to add anything about it being statute barred?

Thanks

Are you confident on the stature barred status of the debt??

nem

[jojojo]

Re: Help with a Lowell court claim please

Great thanks - do I need to add anything about it being statute barred?

Thanks

[nemesis45]

Re: Help with a Lowell court claim please

Hi Nem - Based this on one of the other defences I have read - could you have a look. I havent added anything in there about this being statute barred. What should I say for this?

1: I received the claim XXXXXXX from the County Court Business
Centre Northampton on 26/02/2016


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 Next account
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 Claimants statement of case states that the account was
assigned from Next to Lowell Portfolio Ltd. The
Defendant does not recall receiving notice of this assignment


6: On 03/03/2016 I sent a written request to Lowell Solicitors Ltd
for inspection of documents mentioned in the claimants statement
of case under Civil Procedure Rule 31.14. I requested copies of
the Agreement, default notice and Notice of Assignment.


7: I received a letter of response from Lowell Solicitors
dated 04/03/2016 to advise that the request for documents had been forwarded to the client and the documents would be forwarded upon receipt. They advised this was unlikely to be within the 12 day deadline as requested.


8: On 23/03/2016 I received a further letter from Lowell Solicitors dated 21/03/2015 attaching a copy of a default notice dated 25/01/2007 and for a different amount to that detailed in the claim. Lowell solicitors stated that they were still awaiting a copy of the credit agreement but make no reference to the assignment of debt also requested.

9: At today’s date 24/03/2016 they have failed to produce all the relevant
documentation.


10: On the 03/03/2016 I sent a formal request for a copy of the
original agreement to Lowell Portfolio 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) Consumer Credit
Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.


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 amendments


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.

Good work Jo!!
Well done good to go!
nem

[jojojo]

Re: Help with a Lowell court claim please

Hi Nem - Based this on one of the other defences I have read - could you have a look. I havent added anything in there about this being statute barred. What should I say for this?

1: I received the claim XXXXXXX from the County Court Business
Centre Northampton on 26/02/2016


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 Next account
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 Claimants statement of case states that the account was
assigned from Next to Lowell Portfolio Ltd. The
Defendant does not recall receiving notice of this assignment


6: On 03/03/2016 I sent a written request to Lowell Solicitors Ltd
for inspection of documents mentioned in the claimants statement
of case under Civil Procedure Rule 31.14. I requested copies of
the Agreement, default notice and Notice of Assignment.


7: I received a letter of response from Lowell Solicitors
dated 04/03/2016 to advise that the request for documents had been forwarded to the client and the documents would be forwarded upon receipt. They advised this was unlikely to be within the 12 day deadline as requested.


8: On 23/03/2016 I received a further letter from Lowell Solicitors dated 21/03/2015 attaching a copy of a default notice dated 25/01/2007 and for a different amount to that detailed in the claim. Lowell solicitors stated that they were still awaiting a copy of the credit agreement but make no reference to the assignment of debt also requested.

9: At today’s date 24/03/2016 they have failed to produce all the relevant
documentation.


10: On the 03/03/2016 I sent a formal request for a copy of the
original agreement to Lowell Portfolio 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) Consumer Credit
Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.


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 amendments


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.

[nemesis45]

Re: Help with a Lowell court claim please

Not a problem always ask if you are unsure.

nem

Hello Jo,

It Lowell Solicitor rather amateurish way telling you to submit your defence.

The rest is just a " reminder " of what happens if they get judgement by default.

28th defence due, start looking at some threads with defences so you get a good idea of content and format then make a draft and post here then we can go through it with you.

nem

[jojojo]

Re: Help with a Lowell court claim please

Hi Nem

I have received a letter from Lowell solicitors today - it reads as follows. It reads as follows

"Thank you for your patience, we have received a response from the creditors.
Please find enclosed a copy of the default notice you previously requested. We are still awaiting a copy of the credit agreement request but we will forward these as soon as they are received.

If you dont respond to us within 14 days we may enter a county court judgement by default against you which would mean further costs and could make it difficult for you to obtain credit , mortgages or even some employment while it remains unsatisfied on your credit for a maximum of 6 years." What do they mean by this Nem?

The copy of default they have enclosed is dated 5th January - It does not state that it is a default notice. It states my current balance is £679.28 and that a required payment is due of 293.70 by 25 January 2007 (So its not even for the correct amount)

The letter states that my account is being prepared for transfer for a debt collection agency unless I act now> It then goes onto mention what the implications of a debt collection agency are.

What do I do now? Thanks Jo

[nemesis45]

Re: Help with a Lowell court claim please

Thank you for the reassurance Nem - I am sorry, just worrying

Not a problem always ask if you are unsure.

nem

[jojojo]

Re: Help with a Lowell court claim please

Thank you for the reassurance Nem - I am sorry, just worrying

[nemesis45]

Re: Help with a Lowell court claim please

Hi

I still havent heard anything else from Lowell - None of the information I have asked for has been provided. I am getting a bit anxious about my defence. If they dont provide the information in time what happens? Thanks Jo******************* Your defence can be based Lowell's failure to comply with the CCA request.

- - - Updated - - -

Also it says 28 days on claim form - and if you include the 24th Feb it would be 28 days tomorrow so I need to get the defence in quickly dont I?

As [MENTION=49370]Kati[/MENTION] posted earlier 33 days from 24/02/16 so 28th March 16.

nem

[jojojo]

Re: Help with a Lowell court claim please

Hi

I still havent heard anything else from Lowell - None of the information I have asked for has been provided. I am getting a bit anxious about my defence. If they dont provide the information in time what happens? Thanks Jo

- - - Updated - - -

Also it says 28 days on claim form - and if you include the 24th Feb it would be 28 days tomorrow so I need to get the defence in quickly dont I?

[jojojo]

Re: Help with a Lowell court claim please

Fab thank you - I have a little bit of time yet then

[Kati]

Re: Help with a Lowell court claim please

Hi Nem

I haven't received anything since the last letter confirming they would not be able to get the CPR request back to me in 12 days. What do I need to do now, The original claim date was 24th Feb so I am guessing I have to add something to the moneyclaim website shortly?

Thanks
Jo

As you acknowledged the claim, you've got 33 days from the "date of issue" before your defence is due

This would take you to:

From Wednesday, 24 February 2016
Added 33 days
Result: Monday, 28 March 2016

[jojojo]

Re: Help with a Lowell court claim please

Hi Nem

I haven't received anything since the last letter confirming they would not be able to get the CPR request back to me in 12 days. What do I need to do now, The original claim date was 24th Feb so I am guessing I have to add something to the moneyclaim website shortly?

Thanks
Jo