Lowell Vs Tallulla

[Tallullatrotter]

Re: Lowell Vs Tallulla

I've just logged in again and my claim is now showing on the MCOL site but it should have been defended by 8th June, what happens now I'm 4 days late, I don't even know where to begin on a defence with it being a phone bill not a credit card. I have sent a CPR but no reply from lowell

[nemesis45]

Re: Lowell Vs Tallulla

I've just logged in again and my claim is now showing on the MCOL site but it should have been defended by 8th June, what happens now I'm 4 days late, I don't even know where to begin on a defence with it being a phone bill not a credit card. I have sent a CPR but no reply from lowell

Good morning,

Been away for a couple of days just picked up on this.

Take a look at the defence template in the green box above (This is for guidance it is not a complete defence) make a draft as best you can post it here and tag me [MENTION=55034]nemesis45[/MENTION] then it can be " tweaked" before submitting,

nem

[Tallullatrotter]

Re: Lowell Vs Tallulla

I have written this [MENTION=55034]nemesis45[/MENTION] but I don't know about the number 3 or 10 with it being a o2 phone bill

- - - Updated - - -

1: I received the claim 111111 from the Northampton County Court on 6^TH May 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 an o2 phone agreementagreement 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 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 o2 tolowell on31/7/2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that o2served 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 26/5/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors.I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

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

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

[Celestine]

Re: Lowell Vs Tallulla

Though it is a good idea to try and prepare a defence, it is highly likely you will have a default judgment against you for late/non filing of the defence. Lowell are pretty prompt at calling for this so I'd prepare for a CCJ notification arriving.

This will stay on your credit file as a CCJ for 6 years unless you pay the balance within 30 days of judgment. If you can't do that, you will need to make an arrangement to pay monthly, but the CCJ marker will stay on your file.

[Tallullatrotter]

Re: Lowell Vs Tallulla

I figured I will have a ccj against me, I looked on MCOL on 5th because I knew it had to be defended but there was no record of the case or my acknowledgement so I thought I'd mucked up somehow and not clicked continue or something when doing the acknowledgment then when I looked again on 12th it was there but too late to defend

A ccj won't make a difference to us, our credit is shot, just need to find out do they take just my money in account (carers, child tax & child benefit) or his money too (esa, health insurance & PIP)

[Amethyst]

Re: Lowell Vs Tallulla

I think I've really done something wrong, I went on MCOL on 21st May and acknowledged the claim and was due to file my defence this week, I've logged onto mcol again but my claim isn't there, there's no file, no acknowledgment, nothing, I've tried to put my claim number in again and it says invalid.
It's like my acknowledgement somehow hasn't registered, does this mean I've automatically lost

Give the court a call if you can tomorrow and check with them why you haven't been able to check the status of the claim. It could be, as Celestine said, a default judgment has been entered, but might just be a cock up with MCOL ( not that unusual ).

[nemesis45]

Re: Lowell Vs Tallulla

OK Tallulah I go through it and get back to you a little later.

nem

[nemesis45]

Re: Lowell Vs Tallulla

I have written this @nemesis45 but I don't know about the number 3 or 10 with it being a o2 phone bill

- - - Updated - - -

1: I received the claim 111111 from the Northampton County Court on 6^TH May 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 an o2 phone agreementagreement 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 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 o2 tolowell on31/7/2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that o2served 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 26/5/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors.I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

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

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

As Amethyst and Celestine have said the probability is that a default judgment has been made so it maybe now a question of trying to get it set aside.

Please come back to us after you have checked with the court.

nem

[Tallullatrotter]

Re: Lowell Vs Tallulla

Just spoke to courts, they've said no judgement has been awarded yet and if I get my defence in today it will still be valid. Is what I wrote above ok, need to know if 3 & 10 are correct before I send it

[Celestine]

Re: Lowell Vs Tallulla

Good.

No you cant use CCA 1974 in a phone contract.

x

[nemesis45]

Re: Lowell Vs Tallulla

OK
No. 3 Does the claim state the agreement is CCA 1974 Regulated, if yes leave if no remove.

No. 10 as No.3.

Good luck!!!
nem

[Tallullatrotter]

Re: Lowell Vs Tallulla

It doesn't say anything about it so I've taken it out so it looks like this
1: I received the claim 11111111 from the Northampton County Court on 6^TH May 2016


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

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

4. The particulars of claim fail to state when the agreement was entered into

5. The Claimants statement of case states that the account was assigned from o2 tolowell on31/7/2015. The Defendant does not recall receiving notice of this assignment.

6. It is denied that o2served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 26/5/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors.I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

8. Lowell solicitors has not sent any of these documents to me..

9. 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.

10. 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.

11. 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.

12. 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: Lowell Vs Tallulla

It doesn't say anything about it so I've taken it out so it looks like this
1: I received the claim 11111111 from the Northampton County Court on 6^TH May 2016


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

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

4. The particulars of claim fail to state when the agreement was entered into

5. The Claimants statement of case states that the account was assigned from o2 tolowell on31/7/2015. The Defendant does not recall receiving notice of this assignment.

6. It is denied that o2served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 26/5/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors.I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

8. Lowell solicitors has not sent any of these documents to me..

9. 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.

10. 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.

11. 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.

12. 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 .................................................. ....

OK just lose and bold text and ready to go!!

nem

[Tallullatrotter]

Re: Lowell Vs Tallulla

I have sent it, I don't know why it shows bold text on here, it doesn't on my word document or when I paste it into MCOL

[Tallullatrotter]

Re: Lowell Vs Tallulla

Just realised I posted this on a different thread instead of this one it relates to so I'll post it here too
I have received a letter off Lowell today which has a copy of their direct questionnaire but I haven't received one for myself to fill in and when I log into MCOL it doesn't say any have been sent out.
I have phoned the courts and they have said they haven't sent any direct questions and to ignore it as it hasn't come from them and the other side have until 17th (sunday) to contact to the court.
I have had no response to any of the letters sent requesting paperwork