Lowell ccbc

[Kati]

Re: Lowell ccbc

also defend all to the mco but havent put in my defence yet. When do i need to do this by?
Thanks again

Your defence is due 33 days after the issue date on the claim form.

[Kafka]

Re: Lowell ccbc

Hi again #nemesis45
I sent the letters again to lowell and they have been delivered. I also defend all to the mco but havent put in my defence yet. When do i need to do this by?
Thanks again

Assuming that you acknowledged the claim within the 14 days, then the deadline for filing your defence is 33 days from the date of issue on the claim form. You should always aim to get it in a couple of days before the actual deadlibe though.

[Bhambabe43]

Re: Lowell ccbc

Thanks [MENTION=49370]Kati[/MENTION]
The claim is dated 24th March.

[Kati]

Re: Lowell ccbc

Thanks @Kati
The claim is dated 24th March.

so - http://www.timeanddate.com/date/date...aw=&ad=33&rec=

From Thursday, 24 March 2016
Added 33 days
Result: Tuesday, 26 April 2016

[Bhambabe43]

Re: Lowell ccbc

Thank you [MENTION=66]Kafka[/MENTION]
I defended all, so i take it that is acknowledging it.

[nemesis45]

Re: Lowell ccbc

Hi
Yes they were delivered 1/4/16
Thanks for replying

OK the timescale for the CCA request is 12 +2 Working Days from the date Lowell received the request.
What type of Lloyds account was this?
nem

[Bhambabe43]

Re: Lowell ccbc

Thanks [MENTION=42011]Nem[/MENTION]esis45
It was a loan

[Bhambabe43]

Re: Lowell ccbc

Hi
Its time to write my defence but not sure how. Ive not received any copies of accounts etc from lowells
Thanks in advance
[MENTION=55034]nemesis45[/MENTION]

[Kati]

Re: Lowell ccbc

Hi
Its time to write my defence but not sure how. Ive not received any copies of accounts etc from lowells
Thanks in advance
@nemesis45

There's a template defence here - http://legalbeagles.info/forums/show...t-Court-Claims
Have a play around with it and post up the results for the Beagles to have a look at xx

[Bhambabe43]

Re: Lowell ccbc

Ok many thanks

[Bhambabe43]

Re: Lowell ccbc

Hi again
Having read through the template. Im not sure if i should deny the agreement with lloyds or not???
And also para 12. I havent asked for an extention, should i have done?
Many thanks for your help
[MENTION=49370]Kati[/MENTION]

[Bhambabe43]

Re: Lowell ccbc

Ok so this is what i have put. Can someone please review it. Much appreciated

1: I received the claim xxxxxx from the Northampton county Court on*30th March 2016

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

3: This claim is for a*Lloyds (unsecured loan)*agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with*Lloyds for provision of credit.*

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.*

6. The Claimants statement of case states that the account was assigned from*Lloyds to Lowells on*17/06/2015. *The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds 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*30th March 2016*I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Lowell Solicitor has not sent any of these documents to me.

10. On the*30th March 2016*I sent a formal request for a copy of the original agreement to Lowells pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with S77 Consumer Credit Act 1974 and by virtue of S77 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 amendment.

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.*



Signed:*
Date:

[Bhambabe43]

Re: Lowell ccbc

Would really like to send this today if someone can look at it please.
Many thanks all

[nemesis45]

Re: Lowell ccbc

Ok so this is what i have put. Can someone please review it. Much appreciated

1: I received the claim xxxxxx from the Northampton county Court on*30th March 2016

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

3: This claim is for a*Lloyds (unsecured loan)*agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with*Lloyds for provision of credit.*

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.*

6. The Claimants statement of case states that the account was assigned from*Lloyds to Lowells on*17/06/2015. *The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds 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*30th March 2016*I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Lowell Solicitor has not sent any of these documents to me.

10. On the*30th March 2016*I sent a formal request for a copy of the original agreement to Lowells pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with S77 Consumer Credit Act 1974 and by virtue of S77 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 amendment.

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.*



Signed:*
Date:

The template is there for you change/amend to suit your case if something does not apply or is not the truth in your case amend. add, remove as needed.

nem

[Bhambabe43]

Re: Lowell ccbc

Ok thank you