Checking a county court claim form is real

[Amethyst]

Re: Checking a county court claim form is real

Rightio, for now you just need to wait for responses to your letters requesting documents - if Lowell can't provide documents then they can't get a judgment as they have no evidence that this debt is owed.

You received the claim on 11th Sept - can't see the issue date on this thread though - but guesstimating around 5th Sept to be safe - your defence will need to be done for the 5th Oct ( deadline 33 days from issue date)

Bounty is dealing with a similar claim atm and she's one step in front so worth keeping an eye on her thread for an idea of how things go http://legalbeagles.info/forums/show...having-a-panic!!!!! and have a mooch through some other Lowell/ShopDirect/BW Legal threads in the forum - particularly any marked *DISCONTINUED*.

Do you have any idea when this shopdirect account might have first been opened ? before 2007 ?
Do you think last payment might have been more than 6 years ago ?

Anything additional for the defence/admission would only be needed if they send all the documentation to you. So just let us know what you receive if anything.

[fidelandche]

Re: Checking a county court claim form is real

Hi thanks for getting back to me, the issue date was the 8th September. I think the last payment was 2010/2011 but not sure on that. As for when the account was opened, again not sure but my wife thinks possibly 2009/2010.

I will have a look at the other posts, to see how others have got one.

Once again many thanks for the advice.

[fidelandche]

Re: Checking a county court claim form is real

Hi, as of yet my wife has not heard anything back and I am aware that the deadline for her defense is fast approaching.

Is there a copy of what we put in the defense letter, also is it better to submit the defense online or by post?

[Kati]

Re: Checking a county court claim form is real

Here's an example/template defence to have a look through (http://legalbeagles.info/forums/show...t-Court-Claims) ... if you post up once you've edited I'm sure the Beagles will look over it and comment or answer any ???s you might have before you need to put it in

I'd suggest putting it in via MCOL (as you acknowledged the claim that way) ... it also gives you another couple of days to get it done (postal is slower :sad xx

[fidelandche]

Re: Checking a county court claim form is real

Thanks for the quick reply

[fidelandche]

Re: Checking a county court claim form is real

Also have I got my dates correct for the defense? The claim was dated 8th September, so with the 33 days, I have until the 11th October to submit the defense? Or should it be by the 5th October?

[Kati]

Re: Checking a county court claim form is real

Also have I got my dates correct for the defense? The claim was dated 8th September, so with the 33 days, I have until the 11th October to submit the defense? Or should it be by the 5th October?

33 days from date of issue ... 28 from receipt (they give you 5 days from issue for you to get it )

so (http://www.timeanddate.com/date/date...aw=&ad=33&rec=):

From Thursday, 8 September 2016
Added 33 days

Result: Tuesday, 11 October 2016

[fidelandche]

Re: Checking a county court claim form is real

How do this look?

1. 1: I received the claim from the County Court on xxxxxxxxxxxxx

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 a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

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 tostate when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from to xxxxxxxx. The Defendant does not recall receiving notice of this assignment.

7. It is denied that served any Default notice on the Defendant pursuant to s87Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: on the xxxxxxx I sent a request for inspection of documents mentioned in theclaimants statement of case under Civil Procedure Rule 31.14 to I requested the Claimant provide copies of the Default Notice and Notice of Assignment .

9. The Claimant has not sent any of these documents to me.

10. On the xxxxxxxxx I sent a formal request for a copy of the original agreement to pursuant to section78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

12. 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 theamount 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.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim shouldstand struck out.

14. 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 theClaimants bear the costs of the amendment.

15. 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 .................................................. ....

[MIKE770]

Re: Checking a county court claim form is real

personal details showing

[fidelandche]

Re: Checking a county court claim form is real

Oops, that's what happens when working through the night and getting tired, how do I remove the post then? Apart from that does it look OK?

[MIKE770]

Re: Checking a county court claim form is real

edit button bottom of post

[Amethyst]

Re: Checking a county court claim form is real

Do you happen to know when you last paid anything to the debt ?

(I've edited your post a little defence wise so you will need to check through it you have it on word before putting your dates etc back in )

[fidelandche]

Re: Checking a county court claim form is real

No idea when the debt was last paid, I would guess somewhere in 2011.

What difference will that make?

[Amethyst]

Re: Checking a county court claim form is real

Okay that's fine, just double checking you aren't anywhere near being statute barred and thus missing an important element out of your defence ( you're not, so that's okay )

[fidelandche]

Re: Checking a county court claim form is real

So is it OK to submit the defense now or should I just wait until the 11th?