court claim from lowell for provident. plz help

[flicky1314]

Re: court claim from lowell for provident. plz help

Thank you both I'll get into it in a couple of days x

[flicky1314]

Re: court claim from lowell for provident. plz help

Hi guys. Well nothing has arrived yet so shall I start preparing my defence tomorrow so I can post it on Saturday. Not sure on what to write though .

[charitynjw]

Re: court claim from lowell for provident. plz help

The defence example (previous posts give a link, & also in green box, top of this thread) will give you a good idea of what to write.
If you are going to also plead possible statute-barred, you'll need to include a line to cover that as well.

[MIKE770]

Re: court claim from lowell for provident. plz help

Defence Example just to recap!

[flicky1314]

Re: court claim from lowell for provident. plz help

Ok thanks guys. I'm at work all night tonight but will write something up in the morning and let you have a read. See if I've missed anything or not lol. Thanks for all your help again

[flicky1314]

Re: court claim from lowell for provident. plz help

Hi guys, ive done my defence could you plz have a look and let me know if I need anything else. I have to post tomorrow to make sure it gets there by Monday. sorry I'm gonna have to type it so bare with me.

Defence:

1). The claim was issued on 18th april 2017 and was received by the defendant on 20/04/17.
2). The claimants statement of case failed to give enough information for the defendant to plead effectively.
3). The defendant acknowledged the claim on 20th april 2017 by post to the Northampton County Court.
4). The claim is regarding a Credit agreement between Provident Personal Credit Limited and the defendant.
The defendant does not have a copy of the agreement and a copy has not been provided by the claimant.
5). The Defendant does not recall having opened an account with Provident Personal Credit.
6). In order to find out more information to assist the Defendant in deciding whether this debt is owed by her she sent a request for further information under Civil Procedure Rules 31.14 requesting inspection of documents disclosed in t he statement of case to the claimants solicitors. This was sent on the 25th april 2017 to Lowell Solicitors ltd by recorded delivery and was signed for by the claimant on the 27th april 2017. Exhibit A.
7). This requested copies of the agreement, the assignment and the termination/default.
8). In addition the Defendant formally requested a copy of the original Credit agreement, terms and statement of account pursuant to section 78(1) of the Consumer Credit Act 1974. She enclosed a payment of £1 for the statutory fee. This was sent on the 25th april 2017 by recorded delivery to the claimant Lowell Portfolio 1 ltd, unfortunately no signature has been provided by proof of posting, however the defendant has a receipt as proof of postage. Exhibit B.
9). The Defendant also sent a S.A.R request to Provident Personal Credit Ltd by recorded delivery on the 25th april 2017, and signed for by them on the 26th april 2017. Exhibit C.
10). As the defendant was unsure whether the claimant received the first request for documentation, she resent the request with again the £1 statutory fee. This was sent by special delivery on the 9th may 2017 and signed for on the 10th may 2017. Exhibit D.
11). The defendant received a letter from the Claimants Solicitors on the 5th may 2017 confirming they have requested copies of the Agreement and default notice from the original creditor. Exhibit E.
12). The Claimant has failed to disclose any documents relating to their claim to the Defendant.
13). Accordingly the Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s 78(6) Consumer Credit Act 1974 cannot enforce the agreement.
14).The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.
15). The particulars of Claim state that the account was assigned to the Claimant on the 29th august 2014, the Defendant has not received any notification of this assignment.
16). The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the defendant.
17). 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.
18). Should the claimant evidence their clim properly the Defendant reserves the right to plead further, the claimant to bare the costa of the application for amendment.

THIS IS A TRUE STATEMENT bla bla bla

is it ok ??????

[warwick65]

Re: court claim from lowell for provident. plz help

If this is a defence there is no need at this point to include exhibits,

I would space between each paragraph

I see no point in mentioning the SAR at this point, the info this will show up may be useful later- no need to let them know what you may or may not have

Provident are I believe loans so it would be S77(1) and S77(4)

Make sure you check you spelling ,
i noticed para 6 you put t he
Para 18 you wrote clim instead of claim and costa instead of costs

I wouldn't trust my spellcheck as i am dyslexic and miss stuff very easily

Assuming you have MS word, copy it into that and spell check
[MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]

[charitynjw]

Re: court claim from lowell for provident. plz help

IMHO

Scrub the SAR paragraph. (SAR is not part of the claim/defence)
Exhibits not needed at this stage.
A few spelling errors (clim, bare, costa etc)
Space the paras....1.5 or double-space.

[warwick65]

Re: court claim from lowell for provident. plz help

To add
have you added anything about the claimant being require to prove their ownership of the debt and entitlement to bring a claim under the law of property act
Assignments are often an important thing


Thanks [MENTION=5553]charitynjw[/MENTION] - crossed posts

[MIKE770]

Re: court claim from lowell for provident. plz help

without them they cannot claim to own any debt, they would need to produce assignment notices sent to you

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=98117]warwick65[/MENTION] thank you for your reply where do i put s77(1) and s77(4) I will rewrite and check my spelling.

- - - Updated - - -
[MENTION=5553]charitynjw[/MENTION] I will scrub sar bit and check spellings thank you

- - - Updated - - -
[MENTION=98117]warwick65[/MENTION] where would I put that and what would I say

[warwick65]

Re: court claim from lowell for provident. plz help

@warwick65 thank you for your reply where do i put s77(1) and s77(4) I will rewrite and check my spelling.

- - - Updated - - -
@charitynjw I will scrub sar bit and check spellings thank you

Paras 8 and 13

If you sent a request strictly saying S78 you may want to rersend , if you said S77-79 its ok
i am just thinking how they use tricks to get out of things
[MENTION=87380]Diana M[/MENTION] what do you think?

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=3599]MIKE770[/MENTION] do u mean about the assignment? What do i need to write.

[charitynjw]

Re: court claim from lowell for provident. plz help

If you are going to also plead possible statute-barred, you'll need to include a line to cover that as well.

From a previous post.

[MIKE770]

Re: court claim from lowell for provident. plz help

did you in a CPR31.14 request copy of assignment to new owners - or was it not listed within thr N1 court form??