Lowell Portfolio , BW Legal county court form, need advice

[charitynjw]

Re: Lowell Portfolio , BW Legal county court form, need advice

il send another cca tomorrow with anoter postal order just to make sure they recieved it. to double check its all correct. the CCA goes to the claimant which is lowell
Yes
and CPR was correct being sent to BW Legal ?
Yes (if BW are the named legal bods)
thanks for help charity .

Names/addresses as per the court claim form

[dieseldave]

Re: Lowell Portfolio , BW Legal county court form, need advice

hi guys still recieved not letters so started my defence ... could someone check this and see if im on the right track? not sure about line number 6 on defence. thanks dave


I received the claim Claim Number from the Northampton County Court on 05 July 2016.

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

This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

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

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

The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment. not sure what to put here as i dont know when the account was assigned from original creditor to claimant?? do i delete this section?

It is denied that Shop Direct Finance Company Limited 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.

On the 09/07/2016 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.

BW Legal has not sent any of these documents to me.

On the 09/07/2016 I sent a request for inspection of of the original agreement to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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.

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.

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.

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.

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 .................................................. ....

[dieseldave]

Re: Lowell Portfolio , BW Legal county court form, need advice

whats next procedure ?just wait for a result? cheers

[dieseldave]

Re: Lowell Portfolio , BW Legal county court form, need advice

ok guys today i recieved a letter from bw legal saying our client intends to continue with the claim. do i wait for further letters or?? cheers