*** DISCONTINUED*** Help.. Received a Claim form!

[mattty]

Re: Help.. Received a Claim form!

i know the feeling,my head is scrambled lol
Many thanks though Nem,much appreciated
Matt

[mattty]

Re: Help.. Received a Claim form!

Morning @nemesis45 have received this letter this morning from Lowell solicitors?? [MENTION=6]Amethyst[/MENTION] is this just another letter to try and intimidate me into paying?

[mattty]

Re: Help.. Received a Claim form!

Hi [MENTION=55034]nemesis45[/MENTION] or [MENTION=6]Amethyst[/MENTION] or anyone that can help??
Can anyone help regarding my post with defence and also the letter i received, getting worried now as my defence needs to be in by tuesday 4pm so i was told by the court.
Thanks in advance

[Amethyst]

Re: Help.. Received a Claim form!

Morning Ignore the letter it's just an intimidation attempt. Will have a look at defence

[Amethyst]

Re: Help.. Received a Claim form!

Yss this is absolutely fine There's nothing else you can say really without any evidence or documents being sent to you.

@nemesis45 i have no idea why it wont let you open it but have copied and pasted below....

1: I received the claim ............... from Northampton County Court on 12/12/15.
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 Lowell portfolio(or do i put Grattan here) 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 Claimants statement of case states that the account was assigned from Grattan plc to Lowell portfolio on 26/06/13. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Grattan plc 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 16/12/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
9. Lowell solicitors limited have not sent any of these documents to me.
10. On the 16/12/15 I also 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 Consumer Credit Act 1974 and by virtue of s 78 Consumer Credit Act 1974 cannot enforce the agreement.
12. 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.
13. 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.
14. 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.
15. 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.
Signed …………………………………………


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

[nemesis45]

Re: Help.. Received a Claim form!

@nemesis45 i have no idea why it wont let you open it but have copied and pasted below....

Claim No:.......................................:

Between: Lowell ( full title as on Form N1)

and

Your Name:

of: Your address:



1: I received the claim ............... from Northampton County Court on 12/12/15.

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 Lowell portfolio(or do i put Grattan here) for provision of credit Grattan.

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 Grattan plc to Lowell portfolio on 26/06/13. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Grattan plc 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 16/12/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Lowell solicitors limited have not sent any of these documents to me.

10. On the 16/12/15 I also 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 Consumer Credit Act 1974 and by virtue of s 78 Consumer Credit Act 1974 cannot enforce the Alleged Debt.

12. 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.

13. 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.

14. 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.

15. 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.

Signed ………………………………………… Dated..............................


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

Ok Matty.

Ready to go, amendments in bold text should be in std text when you type this up.
Keep double spaces between paragraphs.

What you have received is a new template cobbled together by the very new Lowell in house solicitors.
Get the defence in now.

Nem,

[mattty]

Re: Help.. Received a Claim form!

Many thanks [MENTION=6]Amethyst[/MENTION] and [MENTION=55034]nemesis45[/MENTION] [MENTION=55034]nemesis45[/MENTION] should i just be simply copy and pasting this into the defence box on the money claim website,do i need to post a copy to anyone?
Matt

[nemesis45]

Re: Help.. Received a Claim form!

Many thanks @Amethyst and @nemesis45 @nemesis45 should i just be simply copy and pasting this into the defence box on the money claim website,do i need to post a copy to anyone?
Matt

Hi matty,

MCOL is temperamental at times to say the least, so it's best to follow up with a copy/confirmation
by signed for post.

The claimant has 28 days to respond to your defence, starting the day the court serves it upon the claimant.

Once the court notifies you it's been served start counting the days and watch the post.

nem

[mattty]

Re: Help.. Received a Claim form!

Okay [MENTION=55034]nemesis45[/MENTION]
Have submitted online...PHEW!! and cant' thank you enough for your help.
I will print off a copy and i take it i send address on claim form ie county court buisness centre,northampton.......
Will the court email/write to me to inform me? I assume that they will now try and find documents that they may/may not have?
Thanks again

[nemesis45]

Re: Help.. Received a Claim form!

Okay @nemesis45
Have submitted online...PHEW!! and cant' thank you enough for your help.
I will print off a copy and i take it i send address on claim form ie county court buisness centre,northampton.......
Will the court email/write to me to inform me? I assume that they will now try and find documents that they may/may not have?
Thanks again

Yes the court will acknowledge receipt of the claim and state it has been served on the claimant.

nem

[mattty]

Re: Help.. Received a Claim form!

relieved that defence is in.
Will keep you informed if i receive anything, thanks again
Matt

[nemesis45]

Re: Help.. Received a Claim form!

relieved that defence is in.
Will keep you informed if i receive anything, thanks again
Matt

Thanks Matt, good luck!!

nem

[mattty]

Re: Help.. Received a Claim form!

[MENTION=55034]nemesis45[/MENTION]
Had a letter from the court last week to confirm that they have received my defence and it has been served upon Lowell ON 11/01/16.
also today finally received something from Lowell solicitors after requesting on 16/12/15 they wrote this to me....

Thankyou for your letter on 16/12/15
We note the contents and write to advise that we have requested the required documents from our client and will forward to you upon receipt.
We also confirm we are in receipt of your defence.
Lowell solicitors

Do i need to make any further actions or should i just be waiting for the 28days from when they were given my defence to see what they do next?
Thanks
Matt

[nemesis45]

Re: Help.. Received a Claim form!

@nemesis45
Had a letter from the court last week to confirm that they have received my defence and it has been served upon Lowell ON 11/01/16.
also today finally received something from Lowell solicitors after requesting on 16/12/15 they wrote this to me....

Thankyou for your letter on 16/12/15
We note the contents and write to advise that we have requested the required documents from our client and will forward to you upon receipt.
We also confirm we are in receipt of your defence.
Lowell solicitors

Do i need to make any further actions or should i just be waiting for the 28days from when they were given my defence to see what they do next?
Thanks
Matt

Hello Matt,
This is a waiting game now.
If the claimant fails to respond the court of its own volition will stay the claim
If this happens you will not be informed so keep a close eye on the days. Lowell haven't got the agreement so can't enforce
the debt until they have it.

nem

[mattty]

Re: Help.. Received a Claim form!

Thanks [MENTION=55034]nemesis45[/MENTION], i will be counting the days
Matt