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

[nemesis45]

Re: court claim lowell bw legal :-(

@nemesis45??

:santa2: got it [MENTION=49370]Kati[/MENTION] nemxx

[nemesis45]

Re: court claim lowell bw legal :-(

hi

can anyone help please i have just had a letter from court tht its going to small claims track. judge recommended mediation ive emailed but heard nothing. they have called once before but said the other side i think were not able to make contact etc. i have to have a defence in by 29/12. i have nothing only the requests i sent for copies of agreement etc... really not sure what to write or send to courts. the hearing is in feb and the other side have to confirm to court in jan and pay fee.
i would be very grateful advice or how to write a defence out i feel like im out my depth with it all

many thanks

Good morning fishfood responding to nudge from [MENTION=49370]Kati[/MENTION]

OK, Mediation cannot take place if you don't have the data requested, the debt is unenforceable until
the agreement has been provided.
The claim it seems is stayed? which is good.

Is there anything else to use in defence other than non compliance with CCA Request??

Please take a look at some defence on some of the threads make a draft, based on the
non compliance. ( the threads will give you a better idea of format and content of a defence)

give me a nudge when done or you need help just type [MENTION=55034]nemesis45[/MENTION] in your post.

nem~

[fishfood1]

Re: court claim lowell bw legal :-(

hi thanks for reply ill look through all i have is a copy of the requests i sent ive complied with everything asked etc... when you say stayed what does that mean?. @nemesis45 i literally have nothing hence not knowing what to write in my defence all i have is the correspondence sent from courts and from bw ie saying they have received mail etc....

many thanks

[nemesis45]

Re: court claim lowell bw legal :-(

hi thanks for reply ill look through all i have is a copy of the requests i sent ive complied with everything asked etc... when you say stayed what does that mean?. @nemesis45 i literally have nothing hence not knowing what to write in my defence all i have is the correspondence sent from courts and from bw ie saying they have received mail etc....

many thanks

A court will " stay" ( Suspend) a claim if for example the claimant does not respond to the defendants defence.
The defendant is not informed if this happens, hence the need to check with the court.

nem

[fishfood1]

Re: court claim lowell bw legal :-(

Hi [MENTION=55034]nemesis45[/MENTION]

Can defence be submitted online. So I'd have to write a defence out and send a copy of the requests I sent. This is all I have. Does it show online or would I have to ring court to check whether it's stayed. But this would only be if bw they don't carry on or make contact with courts.


Many thanks

[fishfood1]

Re: court claim lowell bw legal :-(

Hi nemesis@45

Can I write this...

The claimant has failed to comply to the cca and crp requests sent _____. Failing to comply to these requests makes the said debt unenforceable.
The Defendant is unaware of any debt owing without documentation.

Also not sure if it's statue barred.
Not sure what else to write.

Sorry about all questions only it's got to be in by 29/12 😕
I only have my phone to work on laptop died today. I know it should of been a prioty but I've been involved in a serious safeguarding hearing/case (Witness) and been quite upsetting.

Many thanks nem :-)

[fishfood1]

Re: court claim lowell bw legal :-(

Hi nemesis@45 again!

Can I use the defence I submitted to courts previous it's on this thread 27/8/?
And just send copies of my request letters


Thanks

[fishfood1]

Re: court claim lowell bw legal :-(

Hi nemesis @45
I'm going to try ring courts today do I call the court where hearing date is set for or Northampton. Also I sent a defence to courts and copy to claimant which is within this thread would that be my defence not sure how this all works

Thanks

[nemesis45]

Re: court claim lowell bw legal :-(

[QUOTE=fishfood1;602763]Hi @nemesis45

Can defence be submitted online. So I'd have to write a defence out and send a copy of the requests I sent. This is all I have. Does it show online or would I have to ring court to check whether it's stayed. But this would only be if bw they don't carry on or make contact with courts.
Hi,

1 Yes submit defence online.
2. Yes
3. You will have to phone the court office to check if the claim is stayed.

nem

[fishfood1]

Re: court claim lowell bw legal :-(

Hi nemesis@45

Just to clarify I can use defence already submitted. I just have to write they have not complied. Should I send copies of requests I sent.

Thanks

[fishfood1]

Re: court claim lowell bw legal :-(

Hi nemesis@45

I've just rang court they have a copy of my defence and it's not stayed as far as they can see.

Thanks

[fishfood1]

Re: court claim lowell bw legal :-(

Hi

Can I use this at the bottom of my original defence sent in
Also do you take donations

Thanks

[fishfood1]

Re: court claim lowell bw legal :-(

hello

please could you check this for me it my original defence I sent and I have added a little at the bottom is this adequate as I have nothing else to go on nemesis@45 I can then post tomorrow kati






1. I received the claim xxx from the Northampton CountyCourt Business Centre on xxxxx.

2. Each and every allegation in the Claimants statement ofcase is denied unless specifically admitted in this Defence.

3. This claim appears to be for a catalogue accountregulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequateinformation 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, thedate of any alleged Default or any detail how the sum claimed has beencalculated.

5. The account is statute barred by virtue of Section 5 ofthe Limitation Act 1980 in that in excess of 6 years have elapsed since thedate on which any cause of action accrued.

6. The Claimants statement of case states that the accountwas assigned from xxxxxxx date. The Defendant does not recall receiving noticeof this assignment.

7. It is denied thatShop Direct served a Default notice on the Defendant pursuant to s87 ofConsumer Credit Act 1974. The Claimant is required to prove that a compliantDefault Notice was served upon the Defendant.

8. On xxxxxxxxxxxxx I sent a request for inspection ofdocuments mentioned in the claimant’s statement of case under Civil ProcedureRule 31.14 to BW Legal. I requested the Claimant provide copies of theAgreement, Default Notice and Notice of Assignment.

9. xx Legal have not sent any of these documents to me.

10. On the xxxx I sent a formal request for a copy of theoriginal agreement to Lowell pursuant to s.78 of the Consumer Credit Act 1974along with the statutory £1 fee.

11.The Claimant has failed to comply with s.78(1) of theConsumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act1974 cannot enforce the agreement.

12 .Under Civil Procedure Rule 16.5 (4) where the claimincludes a money claim, a defendant shall be taken to require that anyallegation relating to the amount of money claimed be proved unless heexpressly admits the allegation. Therefore It is expected that the Claimant berequired to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide thenecessary documentation in order for me to fully plead my case else the Claimshould stand struck out.

14. In the event that the relevant documents are receivedfrom the Claimants I will then be in a position to amend my defence, and wouldask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the reliefas claimed or at all.



The above statement is what I rely on in my defence as theclaimant as not complied with any of the requests sent by the defendant.

The defendant sent two CCA requests to the claimantxx/xx/2015 and xx/xx/2015 via royal mail recorded delivery both have beensigned for enclosed are copies of signatures.



The contents of my statement are true to my knowledge and belief







many thanks

[fishfood1]

Re: court claim lowell bw legal :-(

Hi

Do I have to ring courts to see stage case is at or do they let you know. I sent evidence to claimant which is lp but bw are acting on there behalf would this make difference as I then got another letter from lowell and the amount has jumped up by £80 from original amount on court papers
Thanks

[Amethyst]

Re: court claim lowell bw legal :-(

You submitted your defence before Christmas didn't you, you should get something from the court stating this is now a defended claim with a further form to complete ( directions questionnaire) - usually that takes 28 days or so to arrive so I'd give it a little longer then check with the court ( unless of course you have any worries your defence may not have been received in which case call the court to check it has )

Your defence looks fine btw ( sorry we didn;'t get back to you before you sent it )