Help needed asap for defence by 7th jan..lowell /lucas credit services

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Ok will do thank you,, also do i need to send the letter to lowell and cohen who is the solicitor?

CPR letter to the Claimant's solicitor per the N1 court claim.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Ok thanks so much for your help , so il file defence today is that correct on the basis im awaiting for more documents?

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Ok thanks so much for your help , so il file defence today is that correct on the basis im awaiting for more documents?

We ought to look at the possible SB issue as well.
Send the SB/prove it letter (as previously discussed) to the sols - you can put in the same envelope as the CPR letter.
Cross-refer the 2 letters (ie bottom of CPR letter, put 'Enc: Statute-barred letter', & vice versa)
You can then add the SB issue to your defence - again say on defence 'SB letter sent to (solicitors) on (date) - awaiting reply'.
Keep copies & get proof of posting.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

We ought to look at the possible SB issue as well.
Send the SB/prove it letter (as previously discussed) to the sols - you can put in the same envelope as the CPR letter.
Cross-refer the 2 letters (ie bottom of CPR letter, put 'Enc: Statute-barred letter', & vice versa)
You can then add the SB issue to your defence - again say on defence 'SB letter sent to (solicitors) on (date) - awaiting reply'.
Keep copies & get proof of posting.

thanks
do i need to send the template one from here, iim worried in case i put wrong info in it

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

thanks
do i need to send the template one from here, iim worried in case i put wrong info in it

is this ok ?

,ear [Creditor / Debt Collection Company],I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
I deny liability for what you are claiming. In addition I have not made a payment to this debt or acknowledged it for over six years. This debt is therefore statute barred and I will not be making any payments to it.
Under the Limitation Act 1980 you cannot take court action unless you can provide evidence of payment or written contact from me within the past six years. The Financial Conduct Authority rules state:
CONC 7.15.4 Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.
CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.
If you continue to contact me about this debt, I shall put in a complaint to the Financial Ombudsman.
Yours sincerely, [name]

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

is this ok ?

No, & my apologies for that.
That letter is more for regulated agreements which may be SB.
I'll post back in a short while.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

No, & my apologies for that.
That letter is more for regulated agreements which may be SB.
I'll post back in a short while.

oh ok lol ..sorry im confused,, im scared in case i mess up i would really appreciate it if you could perhaps copy and paste to me then i can do same on word to print out, alongside the statute barred is there a template i should use for defence . as you know i need to send off more letters to gather more info so im not sure what to write on defence yet, As i dont have any info to go from lowells ,as in proof only a vague final bill . i notied ont he template defence form you have to put dates in and such how can i do this when i dont know dates of default, or sale of the debt etc...

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Your name/address
Claimant's name/address
Date

Dear Sirs

Re (Lowells - exact name per court claim form) v (Tabitha) - Court Claim No (XXXXXXXX)

Statute barred debt

I do not admit liability for this debt.
Given the scant information you have provided, the earliest point at which you could have sued for the full balance owing to this debt was more than six years ago.
No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years.
No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years.
This debt is therefore statute barred and any court claim to recover it will be robustly defended.
If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. Otherwise, please confirm in writing that you won’t pursue me further for this debt.

Yours faithfully
Tabitha

Although addressed to the Claimant, you send it to the solicitor.
Enclose it with the CPR letter

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Your name/address
Claimant's name/address
Date

Dear Sirs

Re (Lowells - exact name per court claim form) v (Tabitha) - Court Claim No (XXXXXXXX)

Statute barred debt

I do not admit liability for this debt.
Given the scant information you have provided, the earliest point at which you could have sued for the full balance owing to this debt was more than six years ago.
No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years.
No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years.
This debt is therefore statute barred and any court claim to recover it will be robustly defended.
If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. Otherwise, please confirm in writing that you won’t pursue me further for this debt.

Yours faithfully
Tabitha

Although addressed to the Claimant, you send it to the solicitor.
Enclose it with the CPR letter

Thanks so much,, ive just done this all sealed ready to send tomorrow,
also about the defence i need to do asap as they haven't supplied the docs i need, and only a final bill do i still need to copy the template defence on mcol ?? as i am awaiting more docs/info from lowells not sure what i need to do now or shall i just state that ive sent letters to lowell solicitor requesting more proof?

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

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 appears to be for a mobile phone agreement.

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.

6. The Claimants statement of case states that the account was assigned to [Claimant] on 12/Nov/2015. The Defendant does not recall receiving notice of this assignment.

7: On the [Date] I sent an initial request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the Agreement

8: [Claimant's Solicitor] has not sent any of these documents to me.

9: On the [Date] 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.

10: On (date) I received by way of reply a communication from (Lucas - full name) of (address). I do not believe (Lucas) to be a party to the court claim.

11: On (date) I sent a further CPR 31.14 request to (solicitors) for further documents mentioned in the Claimant's Particulars of Claim, these being (list documents) & included a reminder that my initial CPR 31 request of (date) has not been complied with.

12: I am awaiting a response from the Claimant/solicitor.

13: On (date) I sent a letter to the Claimant via the Claimant's solicitor, advising them of my belief that their claim is statute-barred by virtue of s5 Limitation Act 1980.

14: I am awaiting a response from the Claimant/solicitor.

15: 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.

16: 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.

17: 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.

18: 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.

19: 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 .................................................. ....

----------------------------------------------------------------------------------------------------------------------------------------------

Read carefully, Tabitha.
Insert details in the red bits.
Flag up any errors or anything you don't understand.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

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 appears to be for a mobile phone agreement.
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.

6. The Claimants statement of case states that the account was assigned to [Claimant] on 12/Nov/2015. The Defendant does not recall receiving notice of this assignment.

7: On the [Date] I sent an initial request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the Agreement

8: [Claimant's Solicitor] has not sent any of these documents to me.

9: On the [Date] 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.




10: On (date) I received by way of reply a communication from (Lucas - full name) of (address). I do not believe (Lucas) to be a party to the court claim.

11: On (date) I sent a further CPR 3!.14 request to (solicitors) for further documents mentioned in the Claimant's Particulars of Claim, these being (list documents) & included a reminder that my initial CPR 31 request of (date) has not been complied with.


12: I am awaiting a response from the Claimant/solicitor.

13: On (date) I sent a letter to the Claimant via the Claimant's solicitor, advising them of my belief that their claim is statute-barred by virtue of s5 Limitation Act 1980.

14: I am awaiting a response from the Claimant/solicitor.

15: 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.

16: 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.

17: 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.

18: 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.


19: 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 .................................................. ....

----------------------------------------------------------------------------------------------------------------------------------------------

Read carefully, Tabitha.
Insert details in the red bits.
Flag up any errors or anything you don't understand.

Thank you so much,, where it has dates such as paragraph 6 , i dont have any dates as to when the debt was assigned what shall i do there?

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Thank you so much,, where it has dates such as paragraph 6 , i dont have any dates as to when the debt was assigned what shall i do there?

Can't see a problem with para #6.
The Claimant's PoC states when they say it was assigned.
You are saying you didn't receive notification.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Can't see a problem with para #6.
The Claimant's PoC states when they say it was assigned.
You are saying you didn't receive notification.

maybe im getting confused here lol , do you mean the poc oh yes i get ya it says 12/11/2015 sorry lol ok so il get this done then put it on mcol yes? and shall i mention that ive sent request for 2nd cpr ? and awaiting to hear back from them

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

maybe im getting confused here lol , do you mean the poc oh yes i get ya it says 12/11/2015 sorry lol ok so il get this done then put it on mcol yes? and shall i mention that ive sent request for 2nd cpr ? and awaiting to hear back from them

Para #s 11 & 12

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Para #s 11 & 12

All done ive submitted my defence on mcol thank you so much for all your help and patience with me. lol i shall sit back now and await what comes next , and i shall post on here updates