County court claim from Lowell Portfolio for a Studio Gifts debt

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

It doesn't give an inception date on the POC so the only place that date is mentioned is on this agreement ?

I think include SB in the defence yes - the onus of proof is on them and it doesn't hurt to plead it so long as there's a good back up defence ( which there is under s.78 & s.61 I think )

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

It doesn't give an inception date on the POC so the only place that date is mentioned is on this agreement ?

I think include SB in the defence yes - the onus of proof is on them and it doesn't hurt to plead it so long as there's a good back up defence ( which there is under s.78 & s.61 I think )

POC ??

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

POC ??

Sorry - Particulars of Claim - the text on the front of the original claim form.

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Do you recall how you made your first order from them ? and do you have any recollection of ever signing such an agreement ?

[charitynjw]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Should the creditor address not be their registered address not their postal address?

https://www.informdirect.co.uk/busin...t-be-included/

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Sorry - Particulars of Claim - the text on the front of the original claim form.

No it hasn't only that date on the agreement

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

This is a copy of my defence l'm not sure about sections 9, 11 ,13 and 18 do i include these and section 7 do i put my name and one last thing do i put the date I received the court claim through the post or issue date
Thanks for all this help wouldn't be able to do this without you


Claim No: [XXXXX]

*

Lowell Portfolio Ltd

Claimant

And

*

[Defendants Name]

Defendant

DEFENCE

*

1.I received the claim [Claim Number] from the Northampton County Court Buisness Centre on the 5/09/17 ????

*

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

*

4.It is admitted that the Defendant has previously entered into an agreement with Express Gifts Ltd 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.

*

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 acknowledgment has been made for over 6 years] ????

*

8.The Claimants statement of case states that the account was assigned from Express Gifts Ltd to Lowell Portfolio Ltd on [Date]. The Defendant does not recall receiving notice of this assignment.

*

9.It is denied that Express Gifts Limited* 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 08/09/2017 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 . I requested the Claimant provide copies of the Agreement and Default Notice.

*

11.[Claimant’s Solicitor] has not sent any of these documents to me. ????

*

12.On the 08/09/2017 I sent a formal request for a copy of the original agreement to Lowell* Portfolio Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

*

13.The Claimant has failed to comply with s78 Consumer Credit Act 1974 and by virtue of s78 Consumer Credit Act 1974 cannot enforce the agreement. ????

*

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* ________________________________

*

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

https://www.informdirect.co.uk/busin...t-be-included/

Consumer Credit (Agreements) regs 1983

Parties to agreement
2. All types. (1) The name and a postal address of the owner.
(2) The name and a postal address of the hirer.


so postal address seems to be enough.

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

like this one http://i249.photobucket.com/albums/g...ther/mycca.jpg

See this bugs me too on the address as this was on a thread posted in 2008 umm here -> http://www.consumeractiongroup.co.uk...-me-off./page2

Should the creditor address not be their registered address not their postal address?

( Still the FS(DM)2004 kill it if the 2000 date is right - the address issue is just annoying me now)

Yes that's exactly the one

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

How's anyones Maths ability feeling this morning?

2.0 pence in the £1 every 28 days

what interest rate does that equate to?

( I've got 3 agreements with 3 different % rates for the same 2.0 pence in the £1 every 28 days )

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

How's anyones Maths ability feeling this morning?

2.0 pence in the £1 every 28 days

what interest rate does that equate to?

( I've got 3 agreements with 3 different % rates for the same 2.0 pence in the £1 every 28 days )

Hi Amethyst
I'm off on my hols now ,could you check my defence that I've postedplease , theres a few sections im not sure about
Thanks so much for your help

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Will do I'm just writing some bits for you re the dodgy agreement xxx

You're submitting on your return aren't you?

Have a really lovely holiday - and don't worry about this - they're pretty stuffed xxxx

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Will do I'm just writing some bits for you re the dodgy agreement xxx

You're submitting on your return aren't you?

Have a really lovely holiday - and don't worry about this - they're pretty stuffed xxxx

Yes I am and thank you so much
Speak soon xx

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Yes I am and thank you so much
Speak soon xx

Morning Amethyst
I'm back off my holiday, I will be submitting my defence later today please could you advise on some of the sections I wasn't sure of in my defence (which I've put question marks by) I posted , also I still haven't received a copy of the default notice I asked for
Many thanks

[charitynjw]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

I'll give [MENTION=6]Amethyst[/MENTION] a nudge for you.