**DISCONTINUED** court claim lowell bw legal :-(

[Kati]

Re: court claim lowell bw legal :-(

hi nem

just to clarify the date of service is the issue date on the court claim form

thanks

yep :nod:

[fishfood1]

Re: court claim lowell bw legal :-(

many thanks nem

[fishfood1]

Re: court claim lowell bw legal :-(

hi there

just reading through some of the threads for defence etc... and just thought on about checking my credit report (totally forgot I was registered with them). ive just done this and shop direct closed account 06/09 but under Lowell says default date 11/2009 where would I stand with this being SB?
shop direct don't give date of last payment just the closed date of acct.

thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

just to clarify the date of service is the issue date on the court claim form

No, the date of service is when you actually received the claim, however, the rules allow five days for service as standard, that's why you have 33 days to file a defence, it's 28 + 5 allowed for service.

hi there

just reading through some of the threads for defence etc... and just thought on about checking my credit report (totally forgot I was registered with them). ive just done this and shop direct closed account 06/09 but under Lowell says default date 11/2009 where would I stand with this being SB?
shop direct don't give date of last payment just the closed date of acct.

Default dates are not a positive indicator of SBd status or otherwise, they are *supposed* to be recorded between 3 and 6 months after you actually default but they can be recorded much later. If ShopDirect had already closed your account in June 2009 I'd say they'd have had cause of action back then so if the claim was issued at the end of July, it would have been SBd by then. :whoo:

The burden of proof is on the claimant to establish the debt is not SBd, not on you to show it is. :thumb:

Knowing Lowell they may want to argue that the 6 years run from the default date they themselves may well have 'updated' but I could also argue Xmas Day is the 4th of July, that doesn't it mean it's true.

[fishfood1]

Re: court claim lowell bw legal :-(

hi flaming parrot

I was feeling a bit deflated when I read my credit report and seen the dates (its actually getting better,yayy) but your last reply made me giggle and take away the deflated feeling with the icons after each paragraph, plus explaining the dates etc...thanks. over the next few days I will get a defence together ive just sent the CCA and CPR letters off. so I shall sit and wait see what postman pat brings

big thanks

[fishfood1]

Re: court claim lowell bw legal :-(

hi flaming parrot

is their anywhere on the forum a template for defence that can be tweaked to suit my case i.e. the legal terms of how a defence is written. my court claim is dated 30/07 so I would have to have defence in by 31/08. I really don't know where to start with a defence arghhh.. :noidea:

many thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

hi flaming parrot

is their anywhere on the forum a template for defence that can be tweaked to suit my case i.e. the legal terms of how a defence is written. my court claim is dated 30/07 so I would have to have defence in by 31/08. I really don't know where to start with a defence arghhh.. :noidea:

It's not a template as such but an example defence based around no documents being provided, which should give you a starting point: http://www.legalbeagles.info/forums/...t-Court-Claims :thumb:

Do post up your draft before you submit it. :typing:

Reading back, I think you're saying this debt is SBd, if so, also take a look here: http://www.legalbeagles.info/forums/...011#post494011 :grin:

[fishfood1]

Re: court claim lowell bw legal :-(

hi flaming parrot,

here is my defence im not sure if ive done it right not sure of last 2 paragraphs I will of course put relevant dates and claimants etc.

Defence
1



1. I received the claim xxx from the Northampton County Court Business Centre on xxxxxxxxxx
2. This claim is for a Credit agreement regulated under the Consumer Credit Act 1974.

3. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.


5. The Claimants statement of case states that the account was assigned from xxxxxxxdate. The Defendant does not recall receiving notice of this assignment.

6. It is denied that xxxxxxxx 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.

7: On the xxxxxxxxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to xxxxxxxxxxxxxxxxx . I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

8. [Claimant's Solicitor] has not sent any of these documents to me.




9. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, dated xxxxxxx therefore the Claimant is put to strict proof to:



(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;



10. On receipt of this claim dated xxxxxx, I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request, dated xxxxxx have stated that they are under no obligation to disclose any documentation on which their claim is based.

11. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.



12. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.



can I add ive just got all the copies of letters out and ive just found two copies of the same letter that I should send " cpr31.14."
I did a cca and the cpr31.14 and when printing I thought id printed a copy of each but ive just seen I have 2 copies of the cpr 31.14 here in my file so I am now doubting myself that Ive sent them both a cca letter arghhhh... should I send out a cpr31.14 to solicitor tomorrow just in case. I did originally send a letter before the court claim asking for proof and they sent reply saying they would forward it to their client etc.. it just wasn't official like the cpr31.14 is set out.

many thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

can I add ive just got all the copies of letters out and ive just found two copies of the same letter that I should send " cpr31.14."
I did a cca and the cpr31.14 and when printing I thought id printed a copy of each but ive just seen I have 2 copies of the cpr 31.14 here in my file so I am now doubting myself that Ive sent them both a cca letter arghhhh... should I send out a cpr31.14 to solicitor tomorrow just in case. I did originally send a letter before the court claim asking for proof and they sent reply saying they would forward it to their client etc.. it just wasn't official like the cpr31.14 is set out.

First of all, where did you get that wording from? There are some parts that look a little odd. Also you mention statute barred within the same paragraph as the particulars being vague, which shoul be a totally separate item.

Before going further though, you can argue about non-compliance with your CCA request but you can't say in your defence that you send a CPR request if it was never sent so yes, do send one a.s.a.p. :typing:

[fishfood1]

Re: court claim lowell bw legal :-(

hi

a friend sent me some worded paragraphs and then I went through one of the posts which a link was sent. should I scrap and start again? my head is really muddled. I am almost certain I sent the correct letters but since finding two copies of the same letter I've just doubted myself. neither have replied to them the requests.

I went to one of the links in a previous post and used an example and added paragraph 6 and deleted where appropriate. does this look any better.

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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 [ Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is denied] that the Defendant has [previously] entered into [an agreement] with [Original Creditor /Claimant] for provision of credit.

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

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

6. The defendant believes that the claim is Statute barred by virtue of section 5 of the Limitations Act 1980.


6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] 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.

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



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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[fishfood1]

Re: court claim lowell bw legal :-(

hi

I did previously before court claim write to bw for more information ie agreement dates etc.... they replied with :
that they confirm they received my letter dated xxx and have referred my request to client which then the client will request to original creditior. the documents will be forwarded to you upon receipt
we will seek to ensure that the information you have asked for is provided as a matter of urgency however this is contingent on receiving the documentation from your original creditor

many many thanks for your quick response.

[fishfood1]

Re: court claim lowell bw legal :-(

hi

im not sure if you have had chance to have a look at my last two messages. sorry to mither I am just concerned about what to say and how to say it im hopeless

thanks

[fishfood1]

Re: court claim lowell bw legal :-(

hi flaming parrot

the post "25" has to paragraphs 4 the first one 4: It is denied that the Defendant has [previously] entered into [an agreement] with [Original Creditor /Claimant] for provision of credit.

should I take this out with this showing on my credit report

sorry to bombard you with questions

many thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

hi

I did previously before court claim write to bw for more information ie agreement dates etc.... they replied with :
that they confirm they received my letter dated xxx and have referred my request to client which then the client will request to original creditior. the documents will be forwarded to you upon receipt
we will seek to ensure that the information you have asked for is provided as a matter of urgency however this is contingent on receiving the documentation from your original creditor

many many thanks for your quick response.

That's a generic response since debt purchasers don't get any paperwork when they buy the debts and they have to go back to the OC who would be in no hurry to dig it up.

hi flaming parrot

the post "25" has to paragraphs 4 the first one 4: It is denied that the Defendant has [previously] entered into [an agreement] with [Original Creditor /Claimant] for provision of credit.

should I take this out with this showing on my credit report

Regardless of what's shown on your credit report, that paragraph would only apply in cases where you really didn't have the account, when it's not your debt. If you did have the account you'd use the other version of paragraph 4.

[fishfood1]

Re: court claim lowell bw legal :-(

thanks for your reply once i have sorted paragraph 4 is the defence OK, of course i have left out all the person detail etc.... i was going to submit it on Friday i think my last day is the 1/9 and with it being a bank holiday that would be the 33rd day i didn't want to leave it until the last minute.

many thanks