Money claim by Lowell portfolio LTD

[nemesis45]

Re: Money claim by Lowell portfolio LTD

try this

Thank You!!

nemxx

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Good morning Shelley,

Some points: **My numbering****
1. Lowell Solicitors issued the claim on behalf of the claimant a Lowell group company which is the claimant ( see top left of N1 claim form). You need to correct that to read :

(1) On date I received Claim No. .................. From Northampton County Court Business Centre Claimant Lowell Portfolio 1 Ltd.

2. Is ok
3. This claim appears to be for an alleged debt arising from a mobile phone agreement with O2 Ltd.

4. Ok

5. Is that statement true? If not leave out.

6.. ?? Is an agreement regulated by CCA 1974 mentioned in the particulars of claim? If it is leave in. However Telcom agreements are not usually CCA'74 regulated. ( CCA requests should go to Lowell Portfolio 1 Ltd)

7. Lowell cannot issue a default notice for this debt and telecom agreement do not have to have CCA 87 (1) default notices. *** If a default Notice is mentioned in the POC leave in.


Your para *8* what documents are mentioned in the POC???

Your para 10. To whom was the CCA request sent?

Your para 11. Only appropriate IF there is a regulated agreement ( or if Lowell Sols have stated there is such an agreement.

Your para 12 OK

Tidy up and post again Shelley.

nem

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD


hay ı have corrected the above but ım lost on below :doggieyes: im so sorry

(ı know they saıd ın the letter that it is not a regulated agreement under the consumer credit act 1974 )
6.. ?? Is an agreement regulated by CCA 1974 mentioned in the particulars of claim? If it is leave in. However Telcom agreements are not usually CCA'74 regulated. ( CCA requests should go to Lowell Portfolio 1 Ltd)

so how do i write this please thank you


7. Lowell cannot issue a default notice for this debt and telecom agreement do not have to have CCA 87 (1) default notices. *** If a default Notice is mentioned in the POC leave in.

a defualt notıce was mentıond in the letter but i dıd not recive such letter


Your para *8* what documents are mentioned in the POC???
sorry is this what i asked for or what they gave me ın response of the letter ı sent them

Your para 10. To whom was the CCA request sent? confussed on this also would this be my self

Your para 11. Only appropriate IF there is a regulated agreement ( or if Lowell Sols have stated there is such an agreement.
dont no about this one eıther :tinysmile_cry_t:


please exusse me for not understanding all this xx

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

posted above x

[MENTION=42011]Nem[/MENTION]

[Kati]

Re: Money claim by Lowell portfolio LTD

hay ı have corrected the above but ım lost on below :doggieyes: im so sorry

(ı know they saıd ın the letter that it is not a regulated agreement under the consumer credit act 1974 )
6.. ?? Is an agreement regulated by CCA 1974 mentioned in the particulars of claim? If it is leave in. However Telcom agreements are not usually CCA'74 regulated. ( CCA requests should go to Lowell Portfolio 1 Ltd)

so how do i write this please thank you


7. Lowell cannot issue a default notice for this debt and telecom agreement do not have to have CCA 87 (1) default notices. *** If a default Notice is mentioned in the POC leave in.

a defualt notıce was mentıond in the letter but i dıd not recive such letter


Your para *8* what documents are mentioned in the POC???
sorry is this what i asked for or what they gave me ın response of the letter ı sent them

Your para 10. To whom was the CCA request sent? confussed on this also would this be my self

Your para 11. Only appropriate IF there is a regulated agreement ( or if Lowell Sols have stated there is such an agreement.
dont no about this one eıther :tinysmile_cry_t:


please exusse me for not understanding all this xx

From the claim form:



6, The CCA is not mentioned, so you should take out this paragraph from your defence.

7, A default notice IS mentioned in the PoC, so leave this paragraph in.

8, Agreement, Default Notice and Notice of assignment are all mentioned in the PoC, so remove the brackets/bold type and leave this paragraph in.

10, did you send a CCA request to O2 (with a £1 postal order)? If so you could leave this paragraph in too.

11, The CCA is not mentioned in the PoC so you could remove this paragraph from your defence. (unless you sent the CCA request to O2 or Lowell then you could change it to something like "the claimant failed to respond to my CCA request dated **/**/**)
[MENTION=55034]nemesis45[/MENTION] will be along to advise soon xx

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Good morning Shelley,

Some points: **My numbering****
1. Lowell Solicitors issued the claim on behalf of the claimant a Lowell group company which is the claimant ( see top left of N1 claim form). You need to correct that to read :

(1) On date I received Claim No. .................. From Northampton County Court Business Centre Claimant Lowell Portfolio 1 Ltd.

2. Is ok
3. This claim appears to be for an alleged debt arising from a mobile phone agreement with O2 Ltd.

4. Ok

5. Is that statement true? If not leave out.

6.. ?? Is an agreement regulated by CCA 1974 mentioned in the particulars of claim? If it is leave in. However Telcom agreements are not usually CCA'74 regulated. ( CCA requests should go to Lowell Portfolio 1 Ltd)

7. Lowell cannot issue a default notice for this debt and telecom agreement do not have to have CCA 87 (1) default notices. *** If a default Notice is mentioned in the POC leave in.


Your para *8* what documents are mentioned in the POC???

Your para 10. To whom was the CCA request sent?

Your para 11. Only appropriate IF there is a regulated agreement ( or if Lowell Sols have stated there is such an agreement.

Your para 12 OK

Tidy up and post again Shelley.

nem

Thanks [MENTION=49370]Kati[/MENTION].

Ok looking at the POC an agreement and default notice are mentioned there is no mention of CCA 1974 do no CCA request can be made.

Back to CPR 31.14 the documents to be requested are The Agreement, and the Default Notice the Notice of the Assignment from 02 to Lowell can also be requested


OK : I'll go back to the defence draft.

nem

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Defence: Of:

Shelly

1. On date I received CC Claim No. ........................................ from the Northampton County Court Business Centre.

2. Each and every statement in the claimants statement of claim is denied unless specifically admitted in this defence.

3. This claim arises from an account from a telecommunications service agreement with O2 Ltd.

4. The statement of claim fails to give me sufficient information for me to properly assess my response to the claim.

4. (a) The statement of claim does not say when this account with O2 was opened.

4.(b) The statement of claim refers to " the agreement" but no agreement number is quoted in the statement the defendant cannot therefore assess if this she entered in to any such agreement.

5. On date........................ I sent a request to Lowell Solicitors Ltd made under the provisions of CPR 31.14 for inspection of documents mentioned in the statement of claim.

5. (a) To date Lowell solicitors have not provided any of the requested documents.

5. (b) On date................... I received a letter from Lowell Solicitors which stated that as the " agreement " related to a "service " contract for telecommunication services their client has no obligation to provide a copy of such an agreement.

5. (c) The defendant avers that given the fact that " the agreement " is clearly mentioned in the statement of claim the claimant should be ordered to produce it.

6.On date............................... I made a request to the claimant for an extension of time for me to file my defence as provided for in CPR 15.5 this has been declined.

7.Under the provisions of CPR 16.5 (4) where a claim includes a claim for money a defendant requires that any allegation relating to the money claimed be proven unless that allegation is expressly admitted.
Therefore it is expected that the claimant be required to prove that the money claimed is owed.

8. The defendant request that the claimant be ordered to provide the documents requested so that she may fully plead her case, else the claim should stand struck out.

9. If in the event that the claimant provides the documents to support the claim I will then be in a position to amend my defence and the claimant should pay the costs of the amendment.

10. It is denied that the claimant is entitled to relief as claimed or any relief at all.

Statement of Truth:
I your name..................................... believe the statements made above are the truth in the best of my knowledge and belief.

Signed.........................................Dat ed.............................:

Ok Shelley if there's any other information relating to the original contract that can be used in defence please let me know asap tag @nemesis45 then we can add any such detail.

nem

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

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

LOWELL Solicitors CLAIMANT
And
Sherilee Francis DEFENDANT



Defence

1: On date I received Claim No ........... From Northampton County Court Business Centre Claimant Lowell Portfolio 1 Ltd.

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 an alleged debt arising from a mobile phone agreement with O2 Ltd.

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

7: Lowell cannot issue a default notice for this debt and telecom agreement do not have to have CCA 87 (1) default notices

8: On the 7th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to LOWELL SOLICTORS I requested the Claimant provide copies of the
9. LOWELL SOLICTORS has not sent any of these documents to me.

[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.] or [The Parties agreed to an extension tothe time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to 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 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
22/07/2016

- - - Updated - - -

ok thank you so much kati now should ı remove the numbers and bullet poınts or leave ıt all as ıt ıs as above and no 12 hıghtlıghted in black and number 8 also normal wrıttıng or leave black xx

[Amethyst]

Re: Money claim by Lowell portfolio LTD

Para 7 [MENTION=55034]nemesis45[/MENTION]; should read para 16.5 (4) not para 15 (4) ( ref http://legalbeagles.info/forums/show...986#post664986 )

[MIKE770]

Re: Money claim by Lowell portfolio LTD

claim number showing above

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

thanks how do i remove :tinysmile_aha_t:

[Amethyst]

Re: Money claim by Lowell portfolio LTD

I've taken it off but don't worry too much about it, be quite jammy for anyone to be searching that exact claim number and come up with that post xx

[MIKE770]

Re: Money claim by Lowell portfolio LTD

edit button on bottom of posting

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

thanks

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

what needs correctıng please thanks