Lowell/shop direct court paper ...what next

[Kati]

Re: Lowell/shop direct court paper ...what next

....

[nemesis45]

Re: Lowell/shop direct court paper ...what next

email them to me with a link top this thread and I'll put them up (kati@legalbeagles.info)

33 days from date of issue ... we usually use this site to check dates - http://www.timeanddate.com/date/dateadd.html

First steps are here http://legalbeagles.info/forums/show...it-Court-Claim



tagging @nemesis45 xx

Good Morning Kat & Maid Marian,

I look out for the document (s) and go from there.

nem

[Kati]

Re: Lowell/shop direct court paper ...what next

Good Morning Kat & Maid Marian,

I look out for the document (s) and go from there.

nem

I must have been posting them as you were typing Nem ... they're at post #17 xx

[nemesis45]

Re: Lowell/shop direct court paper ...what next

I must have been posting them as you were typing Nem ... they're at post #17 xx

Thanks @Kati

Just had a download of the latest W10 on this computer it took 2hrs+ now all e-mails received since 0945 have not been transferred so if anyone is waiting for a reply from me please tag [MENTION=55034]nemesis45[/MENTION] and I'll pick it up.

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?

[nemesis45]

Re: Lowell/shop direct court paper ...what next

Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?

You can submit now as it's best to allow a little extra time for the post.

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Ok Guys this is what I have so far ...is it ok ??? please note I took section 5 out as I wasn't sure what to put??? I will put something pending your advice or leave it out and amend other numbers lol ...does this cover it ? **iv removed claim numbers lol ..also do I hand sign it or put a font ? Thanks

1. 1: I received the claim ****** from the Northampton County Court on 12/05/2016
   
   2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
   
   3: This claim is for £1196.95a home shoppingagreement regulated under the Consumer Credit Act 1974.[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.
   
   
   6. The Claimants statement of case states that the account was assigned from Shop Direct Finance to Lowell Portfolio on 26/05/2016. The Defendant does not recall receiving notice of this assignment.
   
   7. It is denied that Shop Direct Finance 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 14/05/2016 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 14/05/2016I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltdpursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
   
   11. The Claimant has failed to comply with section 77-79 Consumer Credit Act 1974 and by virtue of section 77-79 Consumer Credit Act 1974 cannot enforce the agreement.
   
   12: I have asked the Claimants solicitors 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 .................................................. ....

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK also ... iv just looked at the claim for ... do I write my defence on here or print it out and attach it ? Thanks

[nemesis45]

Re: Lowell/shop direct court paper ...what next

Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?

Anytime, but make sure that you allow for weekend postal delays.

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Hi nem IS what iv typed out look OK? And do I hand write it out or print and send with court form ?

[nemesis45]

Re: Lowell/shop direct court paper ...what next

OK also ... iv just looked at the claim for ... do I write my defence on here or print it out and attach it ? Thanks

Print out and send to the court by signed for post.
nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

That's what I thought - thanks will keep you all updated you've been a huge help

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Ok i'm going to post today - can someone please please read what id put for my deence above and confirm its ok ?? I am correct using 77-79 in points 10 + 11 yes ?? I don't want to get this wrong lol

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Hi guys, so I posed all my defence off and recieved a letter dated 13th June from the court saying the recieved and would inform the claimant.

Today (18th) I recieved a letter dated 15th from BW legal stating the client (lowell) wishes to continue with the case

What's next ?

Thanks