Money claim by Lowell portfolio LTD

[Amethyst]

Re: Money claim by Lowell portfolio LTD

No worries. And don't be stressing about this claim all month ! Everything is sort-out-able xxx

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

:stars: thanks ı wıll try not to lol xxx

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Hi Kati
I have received a letter back today I have forwarded it to you email for you post on here it seems it was taken out 2010 so 6 years ago please tell me what I have to do now as I only have 14 days to left thank you x

[Kati]

Re: Money claim by Lowell portfolio LTD

Got it [MENTION=87499]Shelly85[/MENTION] xx

tagging @nemesis45 for advice xx

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Ok that's great Thankyou

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Got it @Shelly85 xx

tagging @nemesis45 for advice xx

Thank you @Kati.

A standard letter, but if an agreement or contract is mentioned in the statement of claim then the claimant will have to disclose it if the claim goes forward to a hearing.

nem

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

ok sorry i dont know what to do next then what does this mean thank you

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

ok sorry i dont know what to do next then what does this mean thank you

@nemesis45

[Kati]

Re: Money claim by Lowell portfolio LTD

ok sorry i dont know what to do next then what does this mean thank you

here's a link to a template defence (http://legalbeagles.info/forums/show...t-Court-Claims) have a go at adapting it for your claim and post it up on here xx

[Kati]

Re: Money claim by Lowell portfolio LTD

letter received after claim form and defence draft [MENTION=55034]nemesis45[/MENTION] xx

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

how are theses uersmiley: number 5 on the defence letter i was unsure of xx

[nemesis45]

Re: Money claim by Lowell portfolio LTD

letter received after claim form and defence draft @nemesis45 xx

Not the first time in the last few weeks the Letter of Claim/ Notice of Issue has turned up after the claim has been issued and progressed my feeling is this is just general incompetence arising from lack of supervision of trainee paralegals there seems to be no leadership or guidance from a qualified member of staff.

nem

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

Not the first time in the last few weeks the Letter of Claim/ Notice of Issue has turned up after the claim has been issued and progressed my feeling is this is just general incompetence arising from lack of supervision of trainee paralegals there seems to be no leadership or guidance from a qualified member of staff.

nem

yes very bad i thought to. so should ı mentıon this ın the defence letter ...
also number 5 ın the defence letter how should that be or should i leave ıt as ıt ıs..
ıf so ıs ıt ready to send.
and who do ı send ıt to now thank you xx

[nemesis45]

Re: Money claim by Lowell portfolio LTD

letter received after claim form and defence draft @nemesis45 xx

[MENTION=49370]Kati[/MENTION]
Good morning Kati.
My security software says that the defence attachment is blocked due to a " risk"???? Is there a way round this?

Nemxx

[Kati]

Re: Money claim by Lowell portfolio LTD

@Kati
Good morning Kati.
My security software says that the defence attachment is blocked due to a " risk"???? Is there a way round this?

Nemxx

try this

IN THE NORTHAMPTOM COUNTY COURT (CCBC) CASE NO:XXXXXXXXX



LOWELL Solicitors CLAIMANT
And
XXXXXXXXXXX DEFENDANT









Defence



1: I received the claim XXXXXXXXfrom the LOWELLSOLICTORS Northampton County Court on
05/07/2016

2: Each and every allegation in theClaimants statement of case is denied unless specifically admitted inthis Defence.

3: This claim is for 02 uk ltd mobiletelephone contrak agreement regulated under the Consumer CreditAct 1974.

4: The claimants statement of case fails to giveadequate information to enable me to properly assess my position withregards the claim.

[5. The particulars of claimfail to state when the agreement was entered into.]

6.The Claimants statement of case states that the account was assignedfrom o2uk LT account to lowell porfolio 1ltd on 16th may 2016 The Defendant does notrecall receiving notice of this assignment.

7. It isdenied that lowell portfolio 1 ltd served any Defaultnotice on the Defendant pursuant to s87 Consumer Credit Act 1974. TheClaimant is required to prove that a compliant Default Notice wasserved upon the Defendant.

8: On the 7th July2016 I sent a request for inspection of documents mentionedin the claimants statement of case under Civil Procedure Rule 31.14to LOWELL SOLICTORS I requested the Claimant providecopies of the [Agreement, Default Notice and Notice ofAssignment] .

9. LOWELL SOLICTORS hasnot sent any of these documents to me.

10. On the 7thJuly 2016 I sent a formal request for a copy of the originalagreement to 02 uk (ltd) pursuant to section [77or 78] of the Consumer Credit Act 1974 along with thestatutory £1 fee.

11. The Claimant has failed to complywith [s77 (1) / s 78 (1)] Consumer Credit Act 1974and by virtue of [s77 (4) / s 78 (6)] ConsumerCredit Act 1974 cannot enforce the agreement.



[12: I have asked the Claimant if we may agree to extend the timeperiod allowed for filing of my defence pending receipt of documents(as allowed under CPR 15.5), but they have declined.] or [TheParties agreed to an extension tothe time period allowed for filingof my defence under CPR 15.5 to allow the Claimants additional timeto produce the relevant documentation to evidence their claim,however they have failed to do so.]

13. Under Civil Procedure Rule 16.5 (4) Where the claimincludes a money claim, a defendant shall be taken to require thatany allegation relating to the amount of money claimed be provedunless he expressly admits the allegation. Therefore It is expectedthat the Claimant be required to prove the allegation that the moneyis owed as claimed.

14. I request the court orders theClaimants to provide the necessary documentation in order for me tofully plead my case else the Claim should stand struck out.

15.In the event that the relevant documents are received from theClaimants I will then be in a position to amend my defence, and wouldask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimedor at all.

Statement of Truth

TheDefendant believes that the facts stated in this Defence aretrue.


Signed
XXXXXXXXXXX

Dated
22/07/2016