**WON** Claim Received Incorrect Name

[FlamingParrot]

Re: Claim Received Incorrect Name

Hi Guys,
Appreciate your help with this.
So the expected response from Carters has arrived today and I respond with this>
Am I correct in my assumption that claimants name will always be lowells even though sending the above response to carters??

Yes, Lowell are the claimant and Bryan Carter their legal representatives.

[nemesis45]

Re: Claim Received Incorrect Name

Hi Guys,
Appreciate your help with this.
So the expected response from Carters has arrived today and I respond with this>


Am I correct in my assumption that claimants name will always be lowells even though sending the above response to carters??

Yes correct.

nem

[Proceed]

Re: Claim Received Incorrect Name

Thanks again Guys, in the post tomorrow morning!!

[Proceed]

Re: Claim Received Incorrect Name

Hi again,

Received a reply from Carters today.

They basically refer to their last letter of July 10th and reiterate its contents.
Namely that the matter will most properly be allocated to small claims etc.
They state that Part 31 of the civil procedure rules will not apply.

Finishing by repeating that their client is not agreable for an extension for me to file a defence.

Finally they recommend I should seek independent legal advice.

So the question is what to do next?

[nemesis45]

Re: Claim Received Incorrect Name

Hi again,

Received a reply from Carters today.

They basically refer to their last letter of July 10th and reiterate its contents.
Namely that the matter will most properly be allocated to small claims etc.
They state that Part 31 of the civil procedure rules will not apply.

Finishing by repeating that their client is not agreable for an extension for me to file a defence.

Finally they recommend I should seek independent legal advice.

So the question is what to do next?

As expected, do nothing more now re the CPR 31.14 request it can now be mentioned in the defence that Carter refused to comply.

nem

[Proceed]

Re: Claim Received Incorrect Name

Thanks Nem,
Is there an kind of formated way I should respond to this?

I spoke to Equifax yesterday to cancel my free trial and they said the reason Lowells debt had gone from my record was because the default date had gone past 6yrs, but when I had noted the details prior to its removal, the date of default was shown as 31/08/2009 (confusing) but I am almost positive the last contact I ever had with the original MBNA was AT LEAST 3 months prior to this, which would mean it is SBd.

Should my defense state that I believe the debt to be SBd?

[nemesis45]

Re: Claim Received Incorrect Name

Thanks Nem,
Is there an kind of formated way I should respond to this?

I spoke to Equifax yesterday to cancel my free trial and they said the reason Lowells debt had gone from my record was because the default date had gone past 6yrs, but when I had noted the details prior to its removal, the date of default was shown as 31/08/2009 (confusing) but I am almost positive the last contact I ever had with the original MBNA was AT LEAST 3 months prior to this, which would mean it is SBd.

Should my defense state that I believe the debt to be SBd?

Good morning Proceed.

The fact that the debt has gone from CRA files does not always mean a debt is statute barred.

Statute barred in England and Wales = 6 clear years with no payments ( to any party)) and no unequivocal written acknowledgment of the debt.

We need to be sure on the actual default date, as Carter has recently claimed that the relevant 6 year period starts at the default date.
I find it strange that Equifax stated the entry has been removed as six years have elapsed since the default date when the date you have noted is 31/08/2009.
If we can be certain on last payment date we can use a statute barred defence.

nem

So try Noddle (Call Credit) it's free online.

[Proceed]

Re: Claim Received Incorrect Name

Thanks Nem,

Noddle shows the debt and gives the same date as I had 31/08/09. Whilst I cant be 100% sure of last payment made I can be sure there has been no acknowledgement of the debt on my part to anyone.

So leave out SB'd and back to my original question about formating a defense with lack of documents from Carter..

[nemesis45]

Re: Claim Received Incorrect Name

Thanks Nem,

Noddle shows the debt and gives the same date as I had 31/08/09. Whilst I cant be 100% sure of last payment made I can be sure there has been no acknowledgement of the debt on my part to anyone.

So leave out SB'd and back to my original question about formating a defense with lack of documents from Carter..

Ok yes format on non compliance with CCA request for now.

It may be worth adding that you " believe " the alleged debt is statute barred as no payment or unequivocal written acknowledgement has been made in 6 years.
(what's the issue date on the N1 claim form?)

nem

[Proceed]

Re: Claim Received Incorrect Name

Hi Nem,
Thanks again for speedy response.
Is there a basic format/template defence already laid out I can use anywhere on this forum?

Oh I just foud this, I think it will do if I change bits http://www.legalbeagles.info/forums/...107#post516107

[nemesis45]

Re: Claim Received Incorrect Name

Hi Nem,
Thanks again for speedy response.
Is there a basic format/template defense already laid out I can use anywhere on this forum?

Good evening,

It's easier I find to take a look at some of the many defences already submitted on the forums it gives far more idea of wording and format for each paragraph.
Make a draft and come back an we can go through it for you.

nem

[jon1965]

Re: Claim Received Incorrect Name

Hi
Here are a couple of sample defences written by the site team based on non compliance with CCA requests and CPR

http://www.legalbeagles.info/forums/...t-Court-Claims

Obviously they are only templates and should be amended and adjusted to suit your own needs. I would advise strongly against telling porkies but no one can prove that you don't remember or recall receiving something

[FlamingParrot]

Re: Claim Received Incorrect Name

Thanks again for speedy response.
Is there a basic format/template defence already laid out I can use anywhere on this forum?

There is an example generic defence when no documents were provided: http://www.legalbeagles.info/forums/...t-Court-Claims

[Proceed]

Re: Claim Received Incorrect Name

Thanks again Guys, Im on it right away...

[Proceed]

Re: Claim Received Incorrect Name

Hello again,
Here's what I have for the defence, can someone please check it for me?

1: I received the claim B5AQXXXX from the Northampton County Court Business Centre on 04/07/2015

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants particulars of claim fails to give adequate information to enable me to properly assess my position with regards to the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from MBNA Europe Bank Ltd to Lowell Portfolio on 30/09/2009. The Defendant does not recall receiving notice of this assignment. [I know I have never received this notice]

7. It is denied that MBNA Europe Bank Ltd 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: On the 06/07/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors.
I requested the Claimant provide copies of the:
a)The Agreement
b)The notice of assignment
c)The Default notice

9. Bryan Carter declined to send any of these documents to me. (I requested a them second time on 15/07/2015 and was denied again.)

10. On the 06/07/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

12: 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.

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. 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.

15. 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.

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

17. I believe the alleged debt is statute barred as no payment or unequivocal written acknowledgement has been made in 6 years.