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Re: court claim lowell bw legal :-(
I'd just leave it more like below, note that I've left out anything to do with an extension to file your defence as it doesn't look like it would apply in this case. Also the CPR request is separate from the s.78 CCA request. :thumb:
I'd just leave it more like below, note that I've left out anything to do with an extension to file your defence as it doesn't look like it would apply in this case. Also the CPR request is separate from the s.78 CCA request. :thumb:
- I received the claim xxx from the Northampton County Court Business Centre on xxxxxxxxxx.
- Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
- This claim appears to be for a catalogue account regulated under the Consumer Credit Act 1974.
- 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.
- The account is statutebarred by virtue of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.
- The Claimants statement of case states that the account was assigned from xxxxxxx date. The Defendant does not recall receiving notice of this assignment.
- It is denied that Shop Direct served a Default notice on the Defendant pursuant to s87 of Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
- On xxxxxxxxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
- BW Legal have not not sent any of these documents to me.
- On the xxxx I sent a formal request for a copy of the original agreement to Lowell pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
- The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.
- 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.
- 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.
- 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.
- It is denied that the Claimant is entitled to the relief as claimed or at all.
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