Tweet
I received a County Court Claim Form Back in November 2016 from Lowell Portfolio 1 Ltd the Particulars of Claim being:-
"The Claimant's Claim is for the sum of £680.00 being monies due from the Defendant to the Claimant under a Loans, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Provident Personal Credit Limited under account reference............ and assigned to the Claimant on 26/06/2015 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.15 from the date of assignment of the agreement to 25/06/2016 being an amount of £54.90."
I acknowledged this claim and sent the CCA Request letter to Lowell and a copy to their solicitor requesting a copy of my credit agreement, a copy of the contractual payment under the terms of the agreement and a copy of the default notice. I also sent a CPR Request to the solicitor. They solicitor BW Legal wrote back confirming they had received my Acknowledgement of Service and my request for documentation and that they were waiting for to take instructions from their client (Lowell).
As my time was ticking I then completed my defence stating:-
1: I received the claim ..........from Business Centre County Court on 3 November 2016.
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 Loans, Credit Cards agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case states that the account was assigned from Provident Personal Credit Limited to Lowell Portfolio 1 Ltd on 26/06/2015. The Defendant does not recall receiving notice of this assignment.
5. It is denied that Provident Personal Credit Limited 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.
6: On the 4 November 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Credit Agreement, a copy of the contractual payment under the terms of the agreement and default notice.
7. BW Legal has not sent any of these documents to me.
8. On the 8 November 2016 and again on the 18 November 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 or 78 (as it lists the claim as a loan and credit card agreement) of the Consumer Credit Act 1974 along with the statutory £1 fee.
9. The Claimant has failed to comply with s77(1) / s78(1) Consumer Credit Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
10. 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.
11. 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.
12. 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.
13. 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.
Over the Christmas period I received a letter from BW Legal stating they intended to continue with the claim.
I then received a letter from the court stating the case had been put forward to a Small Claims Track I completed the N180 questionnaire and stated that
A1 - I agreed to the case being referred to the Small Claims Mediation Service.
C1 - I agreed with the small claims track was appropriate
D1 - I chose the nearest court to me.
D2 - I was not asking the courts permission to use the written evidence of an expert
D3 - I was the only witness
D4 - Any day for the court hearing
I have today received an email from scmreferralls stating that all parties have filed a Directions Questionnaire and have all requested mediation.
The issue I have is that it states I must agree with all 3 boxes for the mediation requirements, the second box states:-
"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"
The issue here is that neither Lowell or their solicitor provided any of the documentation that was requested in the CCA or the CPR request letters so where do I go from here?
Any help would be much appreciated, with regards to this matter
with thanks
"The Claimant's Claim is for the sum of £680.00 being monies due from the Defendant to the Claimant under a Loans, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Provident Personal Credit Limited under account reference............ and assigned to the Claimant on 26/06/2015 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.15 from the date of assignment of the agreement to 25/06/2016 being an amount of £54.90."
I acknowledged this claim and sent the CCA Request letter to Lowell and a copy to their solicitor requesting a copy of my credit agreement, a copy of the contractual payment under the terms of the agreement and a copy of the default notice. I also sent a CPR Request to the solicitor. They solicitor BW Legal wrote back confirming they had received my Acknowledgement of Service and my request for documentation and that they were waiting for to take instructions from their client (Lowell).
As my time was ticking I then completed my defence stating:-
1: I received the claim ..........from Business Centre County Court on 3 November 2016.
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 Loans, Credit Cards agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case states that the account was assigned from Provident Personal Credit Limited to Lowell Portfolio 1 Ltd on 26/06/2015. The Defendant does not recall receiving notice of this assignment.
5. It is denied that Provident Personal Credit Limited 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.
6: On the 4 November 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Credit Agreement, a copy of the contractual payment under the terms of the agreement and default notice.
7. BW Legal has not sent any of these documents to me.
8. On the 8 November 2016 and again on the 18 November 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 or 78 (as it lists the claim as a loan and credit card agreement) of the Consumer Credit Act 1974 along with the statutory £1 fee.
9. The Claimant has failed to comply with s77(1) / s78(1) Consumer Credit Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
10. 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.
11. 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.
12. 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.
13. 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.
Over the Christmas period I received a letter from BW Legal stating they intended to continue with the claim.
I then received a letter from the court stating the case had been put forward to a Small Claims Track I completed the N180 questionnaire and stated that
A1 - I agreed to the case being referred to the Small Claims Mediation Service.
C1 - I agreed with the small claims track was appropriate
D1 - I chose the nearest court to me.
D2 - I was not asking the courts permission to use the written evidence of an expert
D3 - I was the only witness
D4 - Any day for the court hearing
I have today received an email from scmreferralls stating that all parties have filed a Directions Questionnaire and have all requested mediation.
The issue I have is that it states I must agree with all 3 boxes for the mediation requirements, the second box states:-
"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"
The issue here is that neither Lowell or their solicitor provided any of the documentation that was requested in the CCA or the CPR request letters so where do I go from here?
Any help would be much appreciated, with regards to this matter
with thanks
