Lowell vs Reiss

[nemesis45]

Re: Lowell vs Reiss

Hi @Nemises45 thanks for the rapid response back, Should i put in my defence from now obviously i would now have to change that they are complying? @charitynjw recommended that i wait and gladly so before putting in the defence.

Claim form was sent 20th September 16 (all details at beginning of thread) Should i just submit it now?

I would leave filing until about 3 days before the due date amend if there's a weekend in the scale.
28 days from date of issue on the claim form to file your defence.

nem

[Reiss]

Re: Lowell vs Reiss

[MENTION=55034]nemesis45[/MENTION] I'm slightly confused 28 days from the date on the Claim form (20th Sept) would have been on the 18th October? [MENTION=5553]charitynjw[/MENTION] advised I have an additional 5 days?

If not will put the defence in before midnight tonight and change my defence as they have complied.

[Diana M]

Re: Lowell vs Reiss

@nemesis45 I'm slightly confused 28 days from the date on the Claim form (20th Sept) would have been on the 18th October? @charitynjw advised I have an additional 5 days?

If not will put the defence in before midnight tonight and change my defence as they have complied.

You have 33 days from the claim Issue Date to file your Defence not 28 days.

What Charity said was correct.

Di

[Reiss]

Re: Lowell vs Reiss

@diana M thank you my last day is this Sunday 23rd October. Is it acceptable to file it on the weekend? Sorry if this is a dumb question. Just want to make sure I'm doing everything correct.

Many Thanks

Reiss

[Reiss]

Re: Lowell vs Reiss

Im in abit of a panic and unclear about my Defence, deadline is this Sunday 23rd October, Have i missed up in submitting my Defence?

Also i wrote my draft defence before receiving the replies back from Lowell, should anything be changed on the defence?

Could anybody look at my Defence and give me the green plight please?

[charitynjw]

Re: Lowell vs Reiss

If anything, the recent letters from the solicitors confirm your stated defence.
The final draft looks ok to me as it states the current state of play......no documents disclosed.

[Reiss]

Re: Lowell vs Reiss

[MENTION=5553]charitynjw[/MENTION] Roger that!!!

Will there be any harm in submitting this now online to MCO so its off my head?

In regards to the layout, if i am submitting online should i still go by the Example of "what a defence should like" i.e headers footers or will i be ok by simply copying and pasting the draft as it is from word? Sorry if this is a super stupid question...

[nemesis45]

Re: Lowell vs Reiss

@nemesis45 I'm slightly confused 28 days from the date on the Claim form (20th Sept) would have been on the 18th October? @charitynjw advised I have an additional 5 days?

If not will put the defence in before midnight tonight and change my defence as they have complied.

Yes the total time is 33 days Reiss.

nem

[Reiss]

Re: Lowell vs Reiss

Hi All,Is this fine to copy and paste as it is on MCOL: @charitynjw @nemesis45

P.S if the date 33rd day falls on a Sunday is it acceptable to post before 4pm on Monday on MCOL?



IN THE COUNTY COURT BUSINESS CENTRE

CLAIM NUMBER: C3H*******

BETWEEN:VANQUIS / LOWELL PORTFOLIO I LTD

CLAIMANT

AND

Reiss DEFENDANT

DEFENCE
1: I received the claim C3HK6H4E from the Northampton County Court on 20 September 2016
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 Credit agreement regulated under the*Consumer Credit Act 1974.
4: It is admitted that the Defendant has previously entered into an agreement with Vanquis for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with*regards the claim.
6. The particulars of claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Vanquis to Lowell Portfolio I LTD on 30/08/2012. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Vanquis 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.
9: On the 02/10/2016 I sent a request for inspection of documents*mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. Lowell Solicitors Limited has not sent any of these documents*to me.
11. On the 02/10/2016 I sent a formal request for a copy of the*original agreement to Lowell Portfolio I LTD pursuant to section*s78 of the Consumer Credit Act 1974 along with the statutory £1*fee.
12. The Claimant has failed to comply with s78(1) Consumer Credit*Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot*enforce the agreement.
13: 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.
14. 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.
15. 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.
16. 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.
17. It is denied that the Claimant is entitled to the relief as*claimed or at all.

Statement of TruthThe Defendant believes that the facts stated in this Defence are*true.

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

22/10/2016

[Reiss]

Re: Lowell vs Reiss

Also I have not made contact with anybody Lowell or Vanquis for a good strong 5 years could this be statute bared and if so would this help in anyway?

Just a random thought that popped into my head

[charitynjw]

Re: Lowell vs Reiss

I would double-space the paragraphs.
Also lose the random asterisks.
As for SB, if you can't prove at least 6 years plus clear of payment/acknowledgement, it's probably a non-starter.
But, & most importantly, get it in pdq.

[Diana M]

Re: Lowell vs Reiss

P.S if the date 33rd day falls on a Sunday is it acceptable to post before 4pm on Monday on MCOL?

Yes

Di

[Diana M]

Re: Lowell vs Reiss

Also I have not made contact with anybody Lowell or Vanquis for a good strong 5 years could this be statute bared and if so would this help in anyway

Only if you live in Scotland where it's 5 years to SB not 6 years.

Di

[Reiss]

Re: Lowell vs Reiss

Thank you [MENTION=5553]charitynjw[/MENTION] [MENTION=61310]diana[/MENTION]_m for reply back.

[MENTION=5553]charitynjw[/MENTION] I would like to say it is 6 years of no contact I am trying to back track my memory and 75% that could even be 6 years.

What is Pdq?

Regards

Reiss

[Diana M]

Re: Lowell vs Reiss

I would like to say it is 6 years of no contact I am trying to back track my memory and 75% that could even be 6 years.

Do you bank online and are you with the same bank as you were six years ago?My bank let's me view statements back to more than six years online.

Try to remember how you paid and the reason why you stopped paying (redundancy, divorce, ill health etc) in case that gives you a clue as to the date.

If you plead Statute Barred the onus of proving that it isn't lies with the Claimant.

Di