lowell BW legal overdraft ccj

[Taylorfan]

Re: lowell BW legal overdraft ccj

Aww thankyou Kati
i just don't want to be late and not file a defence, the hearings on the 09/05 so the 8th might make sense, I put a rough defence up with some answers in and I was hoping, I don't want to sound cheeky but I was hoping someone could look at it and tell me what to delete or write, I am truly greatfull for all of the great advise I've been given

[Kati]

Re: lowell BW legal overdraft ccj

I have written the defence up very quickly but and I'm going to change all of the bold into normal font but before I send it I just have a couple of questions if anyone can answer, I disputed the payment with the bank at the time and I never had an overdraft the bank just pay the amount to the payday company should I state this in my defence or leave it as it may show that I'm guilty in some way, that might sound stupid to you guys so if it does I apologise in advance but I don't really know anything about the elgal process mr defence is below if anyone can have a look at it thanks - I'd really like to thank nemesis45 also

1: I received the claim [Claim Number] from the [Northampton] County Court on (08/04/2016)


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 the sum of 1460.35 being monies due from the defendant to the claimant under a loans, financial services, overdrafts, credit agreement regulated by 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 Lloyds bank Plc to Lowell on 17/06/2015. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Lloyds banking Plc 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 25/04/2016 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 26/04/2016 I sent a formal request for a copy of the original agreement to Lowell 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.]


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 01/05/2016

Did you ask for an extension?? If not take this out and re-number ... apart from this, it looks OK to me (but wait for others to comment too ) xx

[Taylorfan]

Re: lowell BW legal overdraft ccj

No I didn't I just sent off both of the letters cca and cpr, I think I made a mistake on the cpr I put a £1 postal order in with that also and I didn't put for statutory use only because I only found out about that a little later when I spoke with [MENTION=55034]nemesis45[/MENTION], I hope they don't think this a payment
so il re-number them thankyou very much for your help I really appreciate it :tinysmile_twink_t2: