Lowell, county court business centre

[Zee82]

Re: Lowell, county court business centre

I don't mind sending another one, what do I file for my defence I only have 2 days?

Thanks

[nemesis45]

Re: Lowell, county court business centre

I don't mind sending another one, what do I file for my defence I only have 2 days?

Thanks

Hello Zee,

Take a look at the specimen defences in the green box at the top of the court claim forum, to get an idea of format and content.

Is it only the lack of the CCA that you are relying on as your defence?

nem

[Zee82]

Re: Lowell, county court business centre

That's all I can think of Nem to rely on, I did send a cpr 31-14 but not had any documents back so does that mean I can add anything to the defence?

Thanks

[nemesis45]

Re: Lowell, county court business centre

That's all I can think of Nem to rely on, I did send a cpr 31-14 but not had any documents back so does that mean I can add anything to the defence?

Thanks

I'll take a look through the thread to see if there's anything useable.

nem

[Zee82]

Re: Lowell, county court business centre

Thanks Nem

[nemesis45]

Re: Lowell, county court business centre

Thanks Nem

Ok Zee,

Going back to the start of the thread, the alleged disputed / fraudulent transaction on your Capone account and a CCA request prepared and I assume sent back in the of August '16 what happened to this please.

nem

[Zee82]

Re: Lowell, county court business centre

Sorry Nem I'm a bit confused but will try lol,

I sent that cca request in and it's still showing that it's on its way and I've not had a reply back from them, so not sure if they got it or not.

Regarding the disputed transaction I'm lead to believe that if I went down that route with me not having an supporting documents left with it be so long ago id prob have a hard time fighting them.

So as it was suggested somewhere in this thread I may be better off going with the no agreement route with capital one account being opened in 2000.

Sorry if the reply is not what your asking.

[Zee82]

Re: Lowell, county court business centre

Is there anything you have found in this thread Nem that I can add to my defence?

Thanks

[Zee82]

Re: Lowell, county court business centre

Received another letter yeterday from lowell solictors.

Thank you for your corespondence. Plese note that this has been passed to us by our client.

as noted in our letter of 23 aug, we have requsted documents in relation to this account and they will be passed to you upon receipt.

please note that your account is currently on hold pending receipt of the agreement as requested under the consumer credt act 1974.

I need to file my defence today as its last day, do i need to mention anything regarding the account being placed on hold?

Thanks.

[MIKE770]

Re: Lowell, county court business centre

defence in - ignore Lowells - the court timetable is the priority, lowells have to follow court/judge directions if any not lowells telling judges, they hope you miss the deadline and get default judgment = the dirty tricks of litigation ignored by regulators (Non) regulators in many of our views.

file before 4p.m. to-day if today is the deadline. the courts will no doubt once you filled eventually order them to produce cca etc

[Zee82]

Re: Lowell, county court business centre

defence in - ignore Lowells - the court timetable is the priority, lowells have to follow court/judge directions if any not lowells telling judges, they hope you miss the deadline and get default judgment = the dirty tricks of litigation ignored by regulators (Non) regulators in many of our views.

file before 4p.m. to-day if today is the deadline. the courts will no doubt once you filled eventually order them to produce cca etc

Nice one Mike, I'll have a look at the defence templates on here and get it sorted.

Thanks.

- - - Updated - - -

Mike the court claim was issued on the 8th Aug, am i right in saying today is the last day?

[Amethyst]

Re: Lowell, county court business centre

http://www.timeanddate.com/date/date...aw=&ad=33&rec=
Result: Saturday, 10 September 2016

( so today, yes )

[Zee82]

Re: Lowell, county court business centre

Just stuck on these 2 bits if someone could please edit out the wrong bits for me.

10. On the 17/08/16 I sent a formal request for a copy of the original agreement to Lowell portfolio I ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

[MIKE770]

Re: Lowell, county court business centre

section 78 )refers to a running credit agreement so use this one for credit cards only in statement

section 77 refers to loan etc i.e fixed sum agreement

once defence done send ask Ame to check it over for you thru mesaging

[Zee82]

Re: Lowell, county court business centre

section 78 )refers to a running credit agreement so use this one for credit cards only in statement

section 77 refers to loan etc i.e fixed sum agreement

once defence done send ask Ame to check it over for you thru mesaging

Thanks Mike, ive sent it over to Ame now to check over.