**STRUCK OUT** BC/lowell vs looneybear pls help

[looneybear]

Hi
I received county court claim form on 02/10/15. I have acknowledged on MCOL,
sent CPR and CCA, to BC and Lowells had letter back from Bryan Carter saying it will be properly allocated to small claims, and not agreeing to extension for filing defence. Have sent follow up letter.




Particulars of claim
The claimants claim is for the sum of 333.36 being monies due from the defendant to the claimant under an agreement regulated by the consumer credt act 1974 between the defendant and Home Retail Group and assigned to the claimant on 03/11//2011. Total amount after costs 445.04


My defence needs to be filed by 28 october 2015 and I am just trying to get it together now so I won't be in a mad panic nearer the date.The debt I think is an old Argos store card on which a fridge freezer was purchased, Although It is showing on my Noddle account as a Credit card. and that the date of default was July 2010.

Heres what I have got so far,


1:I received the claim XXXXX from the Northampton CountyCourt on 02/10/2015

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 fora [CreditCard / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.: [Itis admitted/denied] thatthe Defendant has [previously] enteredinto [anagreement/agreements] with [OriginalCreditor /Claimant] forp
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 Claimants statement of case states that the account was assigned from HOME RETAIL GROUP to LOWELL PORTFOLIO I LTD on 03/11/2011.The Defendant does not recall receiving notice of this assignment.

7. It is denied that Home Retail Group 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 06/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP.I requested the Claimant provide copies of the 1)The Agreement,2)The Notice of Assignment .3)The default notice

9. Bryan Carter Solicitors LLP has not sent any of these documents to me.

10.On the 06/10/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.The Claimant has failed to comply with [s77(1) / s 78 (1)] ConsumerCredit Act 1974 and by virtue of [s77(4) / s 78 (6)] ConsumerCredit 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.

Statement of Truth

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






I am stuck on the bits in bold as unsure whether it comes under a store card/credit card.
Which consumer credit act is it ? sorry my brain is fried.
I also have no Idea actually whether a default notice was served, so should I change this/ remove it?
please do you have any help advice for me.? Thank you

[nemesis45]

Re: BC/lowell vs looneybear pls help

Hi welcome to LB.

1. The particulars of claim do not make it clear what type of account this? If so you can leave para 3 as is or amend to suit,
2. Paras 10/11 treat as above.

Statement of truth:

The defendant affirms that the about is the truth to the best of his/her belief.

Signed: Your Name Defendant.
Print: Your Name.

Is there any other information that you can use to defend this claim apart from the current absence of the agreement.

nem

[looneybear]

Re: BC/lowell vs looneybear pls help

Hi Nem Thank you so much for your reply

no I do not have any other info to defend it.
I have uploaded a photo of the particulars incase you can see if I have missed anything, and have just done my defence again, just to make sure I read you correctly, does this look ok ?

1: I received the claim XXXX from the Northampton County Court on 02/10/2015

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 fora Credit Card / Loan / Catalogue Account agreement regulated under the Consumer Credit Act 1974.: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for p
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 Claimants statement of case states that the account was assigned from HOME RETAIL GROUP to LOWELL PORTFOLIO I LTD on 03/11/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Home Retail Group 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 06/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the 1) TheAgreement, 2) The Notice of Assignment .3)The default notice

9. Bryan Carter Solicitors LLP has not sent any of these documents to me. (I requested them again on 15/10/15)

10. On the 06/10/2015I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltdpursuant 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 s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / 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.

Statement of Truth

The defendant affirms that the above is the truth to the best of her belief



Signed …………………………………………

Dated .................................................. ....

[nemesis45]

Re: BC/lowell vs looneybear pls help

Hi Nem Thank you so much for your reply

no I do not have any other info to defend it.
I have uploaded a photo of the particulars incase you can see if I have missed anything, and have just done my defence again, just to make sure I read you correctly, does this look ok ?

1: I received the claim XXXX from the Northampton County Court on 02/10/2015

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 fora Credit Card / Loan / Catalogue Account agreement regulated under the Consumer Credit Act 1974.: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for p
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 Claimants statement of case states that the account was assigned from HOME RETAIL GROUP to LOWELL PORTFOLIO I LTD on 03/11/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Home Retail Group 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 06/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the 1) TheAgreement, 2) The Notice of Assignment .3)The default notice

9. Bryan Carter Solicitors LLP has not sent any of these documents to me. (I requested them again on 15/10/15)

10. On the 06/10/2015I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltdpursuant 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 s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / 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.

Statement of Truth

The defendant affirms that the above is the truth to the best of her belief



Signed …………………………………………

Dated .................................................. ....

Ok
The POC is vague so all ok there.

How long since you sent the CCA request? Lowell Had 12 + 2 Working days to comply to it failure renders the debt
unenforceable until the agreement is supplied. Don't Chase!
No response to CPR31.14 Carter's usual reply re small claims track etc. Can be challenge on the
grounds that the CPR 31.14 is still relevant until the claim is actually allocated to the SCT. Chase
there's a template in the forum library for this.

nem

[looneybear]

Re: BC/lowell vs looneybear pls help

Hi and thanks again,
I sent the CCA to Lowells on the 6th october. I will leave well alone.
And I have sent the template challenging carters response on the 15th october,
So now I guess I just wait and file my defence just before 28th october if I hear nothing else ?

[nemesis45]

Re: BC/lowell vs looneybear pls help

Hi and thanks again,
I sent the CCA to Lowells on the 6th october. I will leave well alone.
And I have sent the template challenging carters response on the 15th october,
So now I guess I just wait and file my defence just before 28th october if I hear nothing else ?

Looking good!!
There is a backlog throughout the courts system so file 2-3 days early for safety.

nem

[looneybear]

Re: BC/lowell vs looneybear pls help

Hello again, just keeping my thread updated, firstly to let you know I'm still here and secondly to help others with the time scale of things.
I received The N180 a few days ago, have filled it in have ticked yes to mediation, requested my local county court and sent it off to the court and a copy to Bryan Carters.
Do I need to send a copy to Lowell Portfollio too?

[nemesis45]

Re: BC/lowell vs looneybear pls help

Hello again, just keeping my thread updated, firstly to let you know I'm still here and secondly to help others with the time scale of things.
I received The N180 a few days ago, have filled it in have ticked yes to mediation, requested my local county court and sent it off to the court and a copy to Bryan Carters.
Do I need to send a copy to Lowell Portfollio too?

Good morning,
Just a copy to the solicitors, no need to send one to Lowell.

nem

[looneybear]

Re: BC/lowell vs looneybear pls help

Ok thank you Nem.

[looneybear]

Re: BC/lowell vs looneybear pls help

Hello again

I have got my court date through for mid April. My Witness Statement has to be served by 16th March so trying to get myself organised. Can you please look this over for me to see if it's ok?
Am I contradicting myself in points 4 and 12 ?

INTHE XXXXXXXXXXXXXXXXX COUNTYCOURT

ClaimNo. XXXXXXXX

BETWEEN:XXXXXXXXXXClaimant-and –DefendantXXXXXXXXXX
_________________________________

WITNESSSTATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXX, being the Defendant in this case will state as follows;



I make this Witness Statement in support of my defence in the claim



1. On XXXX, I received a claims form from the County Court Business Centre, Northampton, for the amount of £XXXX.



2. There were no details about when the alleged default occurred,the degree of default or details as to how the sums claimed have accrued.



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



4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what this is.



5. On XXXX I made a formal written request to the Claimants solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].



6. On XXXX I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B]. I also enclosed a £1 postal order [EXHIBIT C]



7. On XXXX the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.



8. I have not received any of the documents mentioned in the claimants claim form.



9. On XXXXX , I contacted the Claimants solicitors [EXHIBIT E] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.



10. The Claimant replied to my second request on XXXX [EXHIBIT F]and failed to supply any documents that I requested.



11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.



12. The Claimants pleaded case is that the Defendant entered in to an agreement with Home Retail Group under account reference XXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had an account with Home Retail Group in the past however the account number given does not relate to any information I have,therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.



Statement of Truth



I, XXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed:________________________________

Dated:________________________________

[looneybear]

Re: BC/lowell vs looneybear pls help

Hello,my draft witness statement is post above, can someone check it over for me please x

[nemesis45]

Re: BC/lowell vs looneybear pls help

Hello again

I have got my court date through for mid April. My Witness Statement has to be served by 16th March so trying to get myself organised. Can you please look this over for me to see if it's ok?
Am I contradicting myself in points 4 and 12 ?

INTHE XXXXXXXXXXXXXXXXX COUNTYCOURT

ClaimNo. XXXXXXXX

BETWEEN:XXXXXXXXXXClaimant-and –DefendantXXXXXXXXXX
_________________________________

WITNESSSTATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXX, being the Defendant in this case will state as follows;



I make this Witness Statement in support of my defence in the claim



1. On XXXX, I received a claims form from the County Court Business Centre, Northampton, for the amount of £XXXX.



2. There were no details about when the alleged default occurred,the degree of default or details as to how the sums claimed have accrued.



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



4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what this is.



5. On XXXX I made a formal written request to the Claimants solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].



6. On XXXX I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B]. I also enclosed a £1 postal order [EXHIBIT C]



7. On XXXX the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.



8. I have not received any of the documents mentioned in the claimants claim form.



9. On XXXXX , I contacted the Claimants solicitors [EXHIBIT E] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.



10. The Claimant replied to my second request on XXXX [EXHIBIT F]and failed to supply any documents that I requested.



11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.



12. The Claimants pleaded case is that the Defendant entered in to an agreement with Home Retail Group under account reference XXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had an account with Home Retail Group in the past however the account number given does not relate to any information I have,therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.



Statement of Truth



I, XXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed:________________________________

Dated:________________________________

So still no reply to CCA and/ or CPR.
WS is fine.

nem

[looneybear]

Re: BC/lowell vs looneybear pls help

No I haven't received anything back on the CCA/CPR front. There's still 2 weeks to go so fingers crossed they won't dig anything up. Thanks for your help Nem, I'm getting really nervous now.

Loonybear

[looneybear]

Re: BC/lowell vs looneybear pls help

Hello , today I received a letter from Bryan Carters. It says

Please note that we are no longer instructed in connection with this matter and have returned this account to our client.

What do I do next please ?

[looneybear]

Re: BC/lowell vs looneybear pls help

Hello [MENTION=55034]nemesis45[/MENTION]
Just to keep you updated, I delivered my witness statement to the courts and Lowells on time. To date I have received no paperwork requested (CPR CCA) , also no introduction to new solicitor, no contact from them whatsoever.
I rang the county court on Thursday and they have not even received a witness statement from Lowells. (It was ordered to be in by 16th March)
My court case is in 3 weeks, what happens now, will the court case go ahead ?