Lowell v Hairbear

[hairbear]

Re: Lowell v Hairbear

Thanks Diana

I have made a start on the defence it seems very basic but if any one can help I would be very grateful

1: I received the claim xxxx from the Northampton County Court on xxxx

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 Credit Cardagreement regulated under the Consumer Credit Act 1974.s admitted/denied] that the Defendant has [previously] entered into [an aeement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 Claimants statement of case states that the account was assigned from HBOS PLC toLowell Portfolio LTD on24/06/2013. The Defendant does not recall receiving notice of this assignment.

6. It is denied that HBOS PLC 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.

7: On the 19/02/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. Lowell Solicitors LTDhas not sent The Default Notice or the Notice of Agreement.



9. 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.

10. 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.

11. 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.

12. 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 …………………………………………

[hairbear]

Re: Lowell v Hairbear

If anyone geta chance could the have a lookover the defence in my last post

Thanks

Hairbear

[hairbear]

Re: Lowell v Hairbear

Hi anyone please take the time to look at my defence (2 posts back)

[charitynjw]

Re: Lowell v Hairbear

Not too sure about #8.
What haven't they sent?
The Notice of Assignment or the agreement?

[hairbear]

Re: Lowell v Hairbear

Thanks Charitynjw

Typo should have been Notice of Assignment
Any other advice

Thanks
Hairbear

[hairbear]

Re: Lowell v Hairbear

This was the defence I filed


IN THE NORTHAMPTON COUNTY COURT (CCBC)

CLAIM NO xxxxxx CLAIMIANT

AND xxxxxxx DEFENDANT


1.I received the claim xxxxxxxx from the Northampton County Court

on 17-02-2017

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 Credit Card agreement regulated
under the Consumer Credit Act 1974.

4. I neither admitted nor denied that the Defendant has previously
entered into an agreement with Egg Banking plc 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 Claimants statement of case states that the account was
assigned from HBOS PLC to Lowell Portfolio LTD on 24/06/2013. The
Defendant does not recall receiving notice of this assignment.

7. It is denied that HBOS PLC 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.

8. On the 19/02/2017 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant
provide copies of the Agreement, Default Notice and Notice of
Assignment.

9. Lowell Solicitors LTD has not sent The Default Notice or the
Notice of Assignment.


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.

[hairbear]

Re: Lowell v Hairbear

I received this reply from Lowell, I think I now need to negotiate with them any suggestions or links to letters I could use to base a reply on.

Thanks

Hairbear

[hairbear]

Re: Lowell v Hairbear

I received this reply ( see last post) from Lowell, I think I now need to negotiate with them any suggestions or links to letters I could use to base a reply on.

Thanks

Hairbear

[Amethyst]

Re: Lowell v Hairbear

You have acknowledged the claim and submitted a defence to it haven't you ?

That letter is a 'we don't know whats going on' letter which I really wouldn't worry about. They can't just get a CCJ once you have defended - they have to respond to your defence. They do that to the court and then you should hear from the court. Did you get a letter from the court saying ' this is now a defended claim' and details of when the claimant had to respond by ?(28 days). Basically that letter from Lowell is not in response to your defence.

They haven't sent you copies of your documents as yet have they ? Stick with it

[hairbear]

Re: Lowell v Hairbear

You have acknowledged the claim and submitted a defence to it haven't you ?

That letter is a 'we don't know whats going on' letter which I really wouldn't worry about. They can't just get a CCJ once you have defended - they have to respond to your defence. They do that to the court and then you should hear from the court. Did you get a letter from the court saying ' this is now a defended claim' and details of when the claimant had to respond by ?(28 days). Basically that letter from Lowell is not in response to your defence.

They haven't sent you copies of your documents as yet have they ? Stick with it

Thanks for your reply Amethyst
Recieved the courts confirmation of my defence on March 20th.
Lowell still have not sent documents so I will sit tight

Thanks for your time and help

Hairbear

[hairbear]

Re: Lowell v Hairbear

Good Morning Beagles
I have received a letter from the court informing me that
Lowell are defending their claim
That the case is suitable to the small claims track
to fill in the Small Claims Directions Questinaire

I still have not received the Default notice

Any suggestions

Many thanks as always

Hairbear

[charitynjw]

Re: Lowell v Hairbear

Hi Hairbear

Complete & return the DQ by the due date if you have received it from the court.
Say 'yes' to mediation.

Usually, the next step is that Mediation Services will contact you.

In the meantime, familiarise yourself with Brandon v American Express & the importance of a valid DN.
http://legalbeagles.info/wp-content/...tober-2011.pdf

[hairbear]

Re: Lowell v Hairbear

Thank you very much Charity for the advice it is very much appreciated

regards Hairbear

[hairbear]

Re: Lowell v Hairbear

Hi Charity and Beagles

Just an update,

I have been reading Brandon v American Express

Section 8 87 A default notice must be served to be able to demand earlier payment

If Lowell refuse to provide a default notice does this mean that they have breached the CCA.
If the original lender would have normally gone down the default route then I would be entitled to receive one

I have also received notification of mediation. One of the questions it asks is have you all the information and documentation you require for the case. If I still have not been provided with the default notice by Lowell could this affect mediation

If anyone has any advise on dealing with mediation I would be grateful

As always I am so very grateful for all the help and advice

Cheers HAIR

[charitynjw]

Re: Lowell v Hairbear

Lowells will not have served a s87 DN......that should be via the original creditor.
It would be mandatory before they can terminate the agreement for non-payment.

However, if Lowells can persuade the Judge that the records show that a DN was sent on XX date, & that the DNs sent out were in YY format, & the DN always allowed for the statutory time needed, then the Judge may accept that, in the balance of probabilities, a compliant one was sent.

I have not had dealings with mediation, but I'm led to believe that, if documentation requested has not been sent, Mediation Service deem the case unsuitable for mediation. It is usually referred back to court for further instruction. (Perhaps allocation to a hearing venue, as you have received/returned the DQ.......have you?)