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Defence of claim (Lowell)

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  • #16
    Re: Defence of claim (Lowell)

    Double-space the paragraphs.
    Renumber them from the beginning paragraph.
    (you've also got two 5's & two 8's)

    If it were me I'd also include:-
    '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.'
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      Re: Defence of claim (Lowell)

      edited, how does that look?

      Thanks so much for your help, you've been amazing

      Comment


      • #18
        Re: Defence of claim (Lowell)

        Another bit?

        'The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.'
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Defence of claim (Lowell)

          Ok added that bit too, I hope it all fits on the form

          Am I good to submit this defence? Also if I also send copies of the correspondence that I've sent to Lowell at this point will they be entered with my defence?
          Last edited by stangg; 12th January 2017, 09:11:AM.

          Comment


          • #20
            Re: Defence of claim (Lowell)

            thanks again for your help, I sent the CCA request along with a postal order (there was no endorsement field so i added a note on the back under my name and address that you advised) via special delivery to the claimant and I've submitted my defence to the court. Fingers crossed.

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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