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County Court Claim - Defence and directions questionnaire submitted

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  • County Court Claim - Defence and directions questionnaire submitted

    I'm in the process of defending a claim from Lowell and have now reached the point where the mediation service has contacted me asking three questions. Part of my defence of this claim is that I have not received all the requested documentation as per my pre action conduct letter and that the claim is also statute barred.

    My statute barred defence is tenuous because it is not clear when my account went into default, as I do not have a copy of the original terms and conditions nor do I have a copy of the default notice. Lowell have responded to my claim that it's statute barred by simply saying "no it's not" you defaulted on this date, but there is no proof of that. I could have defaulted at any point over the course of 5 months.

    Question 2 from the mediation service is "I can confirm that I have enough information about the claim to allow me to enter negotiations and that I do not require any further evidence from the other party before i can mediate"

    Now I don't actually have the information I need to prove that this is statute barred nor have lowell provided the documentation requested to prove that it's not, can I in good faith answer no to this question or is it still wise to enter mediation. I know that the courts prefer mediation to have taken place before a hearing but I'm not sure what to do at this juncture.
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  • #2
    Re: County Court Claim - Defence and directions questionnaire submitted

    I'd say no to that question and it will bypass mediation. The court would be more annoyed with the claimant for not providing enough information to enable mediation to go ahead, than with you for honestly saying they haven't sent you the information so can't mediate. Did you send the CCA request and CPR 31.14 request when you received the claim ? Have you used anything regarding documentation in your defence or SOLELY the statute barred defence?
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    • #3
      Re: County Court Claim - Defence and directions questionnaire submitted

      Originally posted by Amethyst View Post
      I'd say no to that question and it will bypass mediation. The court would be more annoyed with the claimant for not providing enough information to enable mediation to go ahead, than with you for honestly saying they haven't sent you the information so can't mediate. Did you send the CCA request and CPR 31.14 request when you received the claim ? Have you used anything regarding documentation in your defence or SOLELY the statute barred defence?
      My defence includes that it's statute barred and that they have not fully complied with my pre action conduct letter with. I sent a CCA request (to lowell portfolio rather than lowell solicitors though its the same address) with the statutory payment (which i have a receipt for as it was sent special delivery) at the same time I defended the claim and have received no response.

      This is my defence, they have since sent me the notice of assignment but still no T&Cs or Default Notice:

      1. I received the claim C2HK59DC from the Northampton County Court on 6th January 2017.


      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 Card agreement regulated under the Consumer Credit Act 1974.


      4. The Claimant's claim was issued on 9th December 2016.


      5. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

      6. A request Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions, has been sent to the claimant on 12th January 2017 and I am currently awaiting a reply.


      7. It is denied that the original creditor 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. 'The Claimants statement of case states that the account was assigned from Vanquis to the claimant on 21/02/2012. The Defendant does not recall receiving notice of this assignment.'

      9. On the 20th July 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. I requested the Claimant provide copies of the Default Notice and Notice of Assignment.

      10. Lowell Solicitors has not sent any of these documents to me.

      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. '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.'

      14. It is denied that the Claimant is entitled to the relief as claimed or at all.

      15. I have attached the copies of the letter sent on 20th July 2016 as well as the s78 CCA request sent to the claimant on 12th January 2017 for the courts information.

      Comment

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