Money claim by Lowell portfolio LTD

[nemesis45]

Re: Money claim by Lowell portfolio LTD

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

My mistake apologise. Thanks [MENTION=6]Amethyst[/MENTION].

nem

[nemesis45]

Re: Money claim by Lowell portfolio LTD

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

Amended

[Shelly85enes]

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.............................:


ıs the one ı use and just fıll ın the gaps

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

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

or this one

[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.............................:


ıs the one ı use and just fıll ın the gaps

Yep you have all the specific dates Shell.

nem

[Shelly85enes]

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 7th July 2016 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 14th July 2016 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 7th July 2016 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. I the defendant request that the claimant be ordered to provide the documents requested so that i may fully plead my 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.............................:


i have changed number 8 ıs this ok now x

[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 she entered in to any such agreement.

5. On date 7th July 2016 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 14th July 2016 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 7th July 2016 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. I the defendant request that the claimant be ordered to provide the documents requested so that i may fully plead my 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.............................:


i have changed number 8 ıs this ok now x

All ready imo.

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

perfect next part who do ı send ıt too and can ı type my name as sıgned as in not ın the uk and would take to long to send ıt from abroad

[nemesis45]

Re: Money claim by Lowell portfolio LTD

perfect next part who do ı send ıt too and can ı type my name as sıgned as in not ın the uk and would take to long to send ıt from abroad

No Shelly this is a formal legal document that need to be properly signed and dated by you.

You can e-mail this to the court FAO the court manager.

nem

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

ok to the court manger ıs that on the gove websıte were ı aknowleged my claım

thankyou

[nemesis45]

Re: Money claim by Lowell portfolio LTD

ok to the court manger ıs that on the gove websıte were ı aknowleged my claım

thankyou

The details are on the Court forms Shelly Northampton County Court Business Centre.

nem

[Kati]

Re: Money claim by Lowell portfolio LTD

letter

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Hi I received the letter above this morning still not has a reply from the actual court so not sure what this Means they have no prof of the debt as I can see but still demanding the money thanks

[Kati]

Re: Money claim by Lowell portfolio LTD

[MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Hi I received the letter above this morning still not has a reply from the actual court so not sure what this Means they have no prof of the debt as I can see but still demanding the money thanks

Hi sorry for the delay in replying.

That is a very poorly constructed letter of type which Lowell Solicitors are becoming well known, it's rather small to read fully though.


I wonder if [MENTION=49370]Kati[/MENTION] can enhance the document.

nem