Lowell trying to fire a CCJ at me!!!

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

Ok sweet. When are you free to help me file a defence?

[Kati]

Re: Lowell trying to fire a CCJ at me!!!

tagging [MENTION=55034]nemesis45[/MENTION] for you xx

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

3 days to file a defence [MENTION=55034]nemesis45[/MENTION] can you assist me please

I've had a letter from lowell which I will upload

- - - Updated - - -

3 days to file a defence [MENTION=55034]nemesis45[/MENTION] can you assist me please

I've had a letter from lowell which I will upload

[Amethyst]

Re: Lowell trying to fire a CCJ at me!!!

Here's an example defence for you to get started on | Defence Example |

If you want to go through it and post up here your defence ( leave off claim number etc) we can give it a once over based on what's on your thread.

If you have problems uploading that letter email it me - admin@legalbeagles.info and I'll do it xx

[MIKE770]

Re: Lowell trying to fire a CCJ at me!!!

Nemisis45 is on holiday I belive

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

The letter says that the agreement is not regulated by the cca but the POC does. How do I get that into my defence and I'll get it filled in and posted tmoz it's gotta be in by the 17th lol

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

this ok?



1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]


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


3: This claim is for a telecommunications agreement regulated under the Consumer Credit Act 1974 as per the particulars of the claim presented by Lowell.


4: It is admittedthat the Defendant has previously entered into an agreement with Original Creditor for provision of credit.


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


5. The particulars of claim fail to state when the agreement was entered into. When I asked for a copy of the agreement the Claimant accuses me of entering into (the regulated agreement) they then replied with a letter stating it is not a regulated agreement and will not provide me with the details of it. Although their claim is based on me entering into a CCA regualted agreement?


6. The Claimants statement of case states that the account was assigned from o2 to Lowell on various different dates... At first they said 01/03/2016, in their most recent letter they said it was assigned on 01/07/2016. The Defendant does not recall receiving notice of this assignment on either dates and finds it highly confusing that they have supplied now 2 different dates in writing and 1 different date over the telepone,


7. It is denied that O2 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.


8: On the 20/08/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .


9. Lowell has not sent any of these documents to me.


10. On the 20/08/2016 I sent a formal request for a copy of the original agreement to [Claimant] 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.


[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 made no comment.
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.






16/09/2016

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

erm hello?

[MIKE770]

Re: Lowell trying to fire a CCJ at me!!!

hello

@nemesis45

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

Good morning Zaac,

Good points on the incompetence of Lowell Solicitors in regard to the " Regulated " agreement mentioned in the POC!

IMO this is good to go.

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

That is what i sent in.

Still not had any documents from them. Awaiting to hear back from the courts now on what happens next.

That was what i sent in the day before due date.

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

Cca CPR

Both of these requests were sent in and I have had back the following.

Notice of assigment...nothing else....

They said they don't need to provide the cca agreement although it's in the poc lol.

Now today I've had notification from the court that these idiots want to move forward and go to a hearing after completely ignoring my request!

[MENTION=55034]nemesis45[/MENTION]

I contacted the court and made them aware of how Lowell have acted and suggested when it goes to my local court to call in and ask if the judge wants to see these unactioned request before the hearing or at the hearing so I can get it squashed.... this Lowell bunch seem like they just want to give money away??!!

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

Cca CPR

Both of these requests were sent in and I have had back the following.

Notice of assigment...nothing else....

They said they don't need to provide the cca agreement although it's in the poc lol.

Now today I've had notification from the court that these idiots want to move forward and go to a hearing after completely ignoring my request!

@nemesis45

I contacted the court and made them aware of how Lowell have acted and suggested when it goes to my local court to call in and ask if the judge wants to see these unactioned request before the hearing or at the hearing so I can get it squashed.... this Lowell bunch seem like they just want to give money away??!!

Good idea Zaac,

Every abuse of process by Lowell Solicitors needs to be brought to the attention of the courts.

This constant issuing of incorrect particulars of claim is either a deliberate ploy to confuse defendants and/ or incompetence,

Good advice from the court!!

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

[MENTION=55034]nemesis45[/MENTION]

I just thought that as they were wanting to move forward with it surely the courts need to know that they are just a law to themselves and they think they can proceed how they like without answering to requests for official contractually abiding paperwork!?

I have received a questionnaire from the courts to be returned/filed in my local court by 3rd November.

Would you be able to assist me in putting some literature forward to the Judge to make him aware of what this firm are upto?

Im just a bit nervous now as i didn't think it would get this far and actually go towards a hearing... Im still none the wiser as to why they are asking me for just shy of £2k...

Zaac

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

@nemesis45

I just thought that as they were wanting to move forward with it surely the courts need to know that they are just a law to themselves and they think they can proceed how they like without answering to requests for official contractually abiding paperwork!?

I have received a questionnaire from the courts to be returned/filed in my local court by 3rd November.

Would you be able to assist me in putting some literature forward to the Judge to make him aware of what this firm are upto?

Im just a bit nervous now as i didn't think it would get this far and actually go towards a hearing... Im still none the wiser as to why they are asking me for just shy of £2k...

Zaac

Hello Zaac,

Yes of course I will assist in any way I can.

Don't get stressed over this, for one thing having Lowell Solicitors on the case may assist You given their frequent Cock Ups with Witness Statement
and non compliance with courts instructions.

There's a few very similar cases to yours where defendants are making the Lowell Solicitors conduct known to the courts.

If you get stuck on questionnaire post the question here for help.

nem