recieved a county court claim form

**gemini64** · 3rd July 2017, 18:15:PM

Re: recieved a county court claim form

Hi have been on MCOL & filed Acknowledgement of service. Have typed out a CCA i'm a bit confused with cpr31.14. ie in red print For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.
do i have to send a £1 fee with both letters, also does this have to be included in letter. any help greatly appreciated

**gemini64** · 3rd July 2017, 23:22:PM

Re: recieved a county court claim form

If issue date was 23/06/2017 AOS was filed 03/07/2017 What date should i fill in for defence need date for cpr31.14 in dire need of help.

**slainte caragh** · 3rd July 2017, 23:27:PM

Re: recieved a county court claim form

Hiya hun, unusual someone hasn't responded so I will highlight this to Admin,. its a bit late so might be the morning but rest assured I will try and get you the help

**gemini64** · 3rd July 2017, 23:44:PM

Re: recieved a county court claim form

Thank you

**slainte caragh** · 4th July 2017, 00:16:AM

Re: recieved a county court claim form

You're welcome, hang on in there Our Kid, they are coming

**charitynjw** · 4th July 2017, 06:37:AM

Re: recieved a county court claim form

If the claim issue date was 23rd June, the defence is due latest 26th July. (Unless they agree to the extension per the CPR 31.14).

The copy of the s78 CCA request enclosed with the CPR request to the solicitor is purely for informational purposes, so does not need the £1 fee.

Shop D trades as Littlewoods, Very etc.
https://www.shopdirect.com/brands-page/

**gemini64** · 4th July 2017, 09:54:AM

Re: recieved a county court claim form

Thank you. Still no recollection, Have no way of checking any paperwork either as we had to move out just over 3 yr ago for modernisation. anything that was not being used or seemed irrelevant at the time was gotten rid of. So next step will be to send a SAR. Can i ask are all letters to be sent recorded delivery ? i'm currently unemployed and don't get paid til Saturday the Sar will have to wait til then.

**gemini64** · 6th July 2017, 14:09:PM

Re: recieved a county court claim form

Who do i send Sar too will it be
Shop direct
Skyways House
Speke Road
Speke
Liverpool
L70 1AB

is this correct please anyone.

**MIKE770** · 6th July 2017, 14:15:PM

Re: recieved a county court claim form

shop direct that is who you had the account with Recorded delivery address you have stated keep copy and attach Recorded Delivery receipt

**gemini64** · 24th July 2017, 15:06:PM

Re: recieved a county court claim form

Hi It's getting close to putting in my defence haven't a clue what to put. Does it have to be posted or can it be put in online. Have had no response off Lowell Portfolio as of yet. they received the letter on 6th July. Only response has been from Lowell solicitors as shown, still no info on what the debt is for. any help greatly appreciated.

Attached Files

lowell sol.jpg (119.1 KB, 1 view)

**Amethyst** · 24th July 2017, 15:24:PM

Re: recieved a county court claim form

There is a decent starting point here -> http://legalbeagles.info/library/gui...-court-claims/ Particularly for where you haven't had any documents in response to your CPR and CCA requests xx Have a draft and ask for help if you're at all not sure what should be in and what shouldn't xxx

**gemini64** · 24th July 2017, 16:11:PM

Re: recieved a county court claim form

Thank you i'll have a read. Nearly had heart failure when seen date, don't know where the last week has gone.

**gemini64** · 24th July 2017, 17:30:PM

Re: recieved a county court claim form

In the Northampton County Court Business Centre
Claim No: [XXXXX]

Lowell Portfolio Ltd
Claimant
And

[Defendants Name]
Defendant

DEFENCE

1. I received the claim [Claim Number] from the Northampton County Court Business Centre on the 27^th July 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 Shop Direct Account agreement regulated under the Consumer Credit Act 1974.

4. It is denied that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit. They haven’t stated who original creditor is other than shop direct

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 Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years

8. The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio Ltd on 25/11/2011. The Defendant does not recall receiving notice of this assignment.

9. It is denied that Shop Direct 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.

10. On the 04 July 2017 I sent a request for inspection of documents mentioned in the claimant’s 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].

11. Lowell Solicitor has not sent any of these documents to me.

12. On the 04 July 2017 I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so]
Do i delete this section and renumber paragraphs have had no contact with them.

15. 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.

16. 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
.
17. 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.

18. 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 ________________________________
Dated ________________________________

at a loss what to put have sent a SAR too shop direct but that was on the 10th so no hope of getting a reply before defence has to be submitted. Can i send it online

**gemini64** · 24th July 2017, 23:09:PM

Re: recieved a county court claim form

DEFENCE

1. I received the claim ******** from the Northampton County Court Business Centre on the 27^th July 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 an agreement between Shop Direct and the Claimant regulated under the Consumer Credit Act 1974.

4. It is denied that the Defendant has previously entered into an agreement with Shop Direct and Claimant 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 to the claim. It is unclear who the original Creditor is or what the credit agreement is for.

6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio 1 Ltd on 25/11/2011. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Shop Direct 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.

9. On the 04 July 2017 I sent a request for inspection of documents mentioned in the claimant’s 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.

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

11. On the 04 July 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section s 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14. I contend that any debt would be time barred under the Limitations Act 1980. The last time i recall having any dealings with creditors was well over 6 years ago.

15. 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.

16.1. In the event that the relevant documents are received from the Claimant, I will then be in a position to amend my defence, and would ask that the Claimant met the costs of the amendment.
.

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

Any help please my defence is due in by the 26th just need to know if this will be okay.

recieved a county court claim form