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Re: Lowell Portfolio Ltd v Studly
Looks good to go! I would file no later than Wednesday.
nem
Originally posted by studly
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Well, the defence submission is only a few days away .... eek!
The claim was issued on 15 March, which means Bank Holiday Monday (17th April) is the 33 day deadline. Is it advisable to submit by 4 pm on Thu 13th April in this case, due to the long Easter weekend?
A defence has been drafted anyway, and a redacted version is detailed below. Pretty please could I ask that you awesome people on LB have a look and provided some much needed feedback, specifically with regards to the defences submitted and the order of merit. Many thanks in advance :-)
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Defence Draft
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1. I received the claim ####### from the Northampton County Court on ## ### 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 JD Williams Catalogue account, an agreement regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
5. The statement of case fails to state when the agreement was entered into.
6. I am of the belief that the alleged debt is statute barred under the provisions of The Limitation Act 1980. The Claimant is put to providing unequivocal proof that the alleged debt is not statute barred else the claim should be struck out.
7. The Claimants statement of case states that a Default Notice, pursuant to s.87(1) of the Consumer Credit Act was served. I do not recall receiving this Default Notice. The Claimant is required to prove that a compliant Default Notice was served.
8. The Claimants statement of case states that the account was assigned from JD Williams to Lowell Portfolio I Ltd on ## ### 2012. I do not recall receiving notice of this assignment.
9. On the ## ### 2017 a formal request was sent to Cohen Cramer Solicitors for inspection of the following documents mentioned in the statement of case under CPR 31.14;
a. Agreement
b. Default Notice
c. Notice of Assignment
d. Deed of Assignment. *** the claimant would most likely decline provision of the DOA as they claim that it's confidential.***
10. Cohen Cramer Solicitors have not provided me with any of these documents.
11. On the ## ### 2017 a letter was sent to Cohen Cramer Solicitors, requesting an agreement in writing to a 28 day extension (as allowed under CPR 15.5) to the time period allowed for the filing of my defence, pending receipt of the documents requested.
12. The response received to this request indicated that this extension was denied.
13. On the ## ### 2017 a formal request for a copy of the original agreement was sent to the Claimant, pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14. The Claimant has failed to comply with s.78(1) Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.
15. Under CPR 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.
16. I request that the court orders the Claimant to provide the documents requested in order that I may fully plead my case else the Claim should be struck out.
17. In the event that the documents are received from the Claimant, I will then be in a position to amend my defence and would ask that the court orders the Claimant to bear the cost of this.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
The claim was issued on 15 March, which means Bank Holiday Monday (17th April) is the 33 day deadline. Is it advisable to submit by 4 pm on Thu 13th April in this case, due to the long Easter weekend?
A defence has been drafted anyway, and a redacted version is detailed below. Pretty please could I ask that you awesome people on LB have a look and provided some much needed feedback, specifically with regards to the defences submitted and the order of merit. Many thanks in advance :-)
****************
Defence Draft
-----------------------------------------------------------------------------------------------
1. I received the claim ####### from the Northampton County Court on ## ### 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 JD Williams Catalogue account, an agreement regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
5. The statement of case fails to state when the agreement was entered into.
6. I am of the belief that the alleged debt is statute barred under the provisions of The Limitation Act 1980. The Claimant is put to providing unequivocal proof that the alleged debt is not statute barred else the claim should be struck out.
7. The Claimants statement of case states that a Default Notice, pursuant to s.87(1) of the Consumer Credit Act was served. I do not recall receiving this Default Notice. The Claimant is required to prove that a compliant Default Notice was served.
8. The Claimants statement of case states that the account was assigned from JD Williams to Lowell Portfolio I Ltd on ## ### 2012. I do not recall receiving notice of this assignment.
9. On the ## ### 2017 a formal request was sent to Cohen Cramer Solicitors for inspection of the following documents mentioned in the statement of case under CPR 31.14;
a. Agreement
b. Default Notice
c. Notice of Assignment
d. Deed of Assignment. *** the claimant would most likely decline provision of the DOA as they claim that it's confidential.***
10. Cohen Cramer Solicitors have not provided me with any of these documents.
11. On the ## ### 2017 a letter was sent to Cohen Cramer Solicitors, requesting an agreement in writing to a 28 day extension (as allowed under CPR 15.5) to the time period allowed for the filing of my defence, pending receipt of the documents requested.
12. The response received to this request indicated that this extension was denied.
13. On the ## ### 2017 a formal request for a copy of the original agreement was sent to the Claimant, pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14. The Claimant has failed to comply with s.78(1) Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.
15. Under CPR 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.
16. I request that the court orders the Claimant to provide the documents requested in order that I may fully plead my case else the Claim should be struck out.
17. In the event that the documents are received from the Claimant, I will then be in a position to amend my defence and would ask that the court orders the Claimant to bear the cost of this.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
nem
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