**STRUCK OUT!!** Lowell solicitors and ccj with Northampton County Court

[Kafka]

Re: Lowell solicitors and ccj with Northampton County Court

What's the chances of asking them to take these off

Very slim I expect, now that you are at litigation stage, which is much harder than trying to make a settlement before it has gone this far.
A particular problem here is that you have absolutely no documentation, so nothing can be checked for compliance and you can't think about a settlement amount as we don't know how the figure is made up.
When you get some details it may be possible to argue some case that it is their interests to accept a lower offer up front, rather than have this drag on, but effectively they have you over a barrel because you owe them money and have no real grounds to fight them. This is quite different from cases where the debt is disputed, statute barred, or where they don't have the compliant documentation to take legal action.

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Hi guys a quick update and ask for advice ... Got nothing yet from Lowells in regards to account details etc from very

However got a letter off Lowells solicitors showing my account balance and saying I owe them £2k
Plus a letter saying they are waiting for info from very...

How do I proceed now it's been two weeks and the court defence needs to be in by the 28th I think ...

What do I do now

Thanks

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

Hi guys a quick update and ask for advice ... Got nothing yet from Lowells in regards to account details etc from very

However got a letter off Lowells solicitors showing my account balance and saying I owe them £2k
Plus a letter saying they are waiting for info from very...

How do I proceed now it's been two weeks and the court defence needs to be in by the 28th I think ...

What do I do now

Thanks

Your defence is due on the 27th
I'll tag [MENTION=55034]nemesis45[/MENTION] for advice xx

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Oooops ... Thank you

Yea any advice would be fantastic.

Thank you

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

Oooops ... Thank you

Yea any advice would be fantastic.

Thank you

While you're waiting, have a look at the defence template here - http://legalbeagles.info/forums/show...t-Court-Claims

xx

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Hi guys a quick update and ask for advice ... Got nothing yet from Lowells in regards to account details etc from very

However got a letter off Lowells solicitors showing my account balance and saying I owe them £2k
Plus a letter saying they are waiting for info from very...

How do I proceed now it's been two weeks and the court defence needs to be in by the 28th I think ...

What do I do now

Thanks

Hello Roddaz,
Apologies for not getting back earlier, we have had no phone service for most of the day.

As [MENTION=49370]Kati[/MENTION] has said look at the specimen defence and make a draft post it here so we can go through it with you.

Not had time to read all of the thread am I right in thinking that your defence hangs on non compliance with the CCA request?

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thank you :-) how do I defend this as had nothing but delay tactics from them and nothing from Lowells them selves , just solicitors.

Do I have to send off documents before the 27th or on the day?

Do I do this on line? On the government money thingy website.

Hopefully I can get this thrown out .... But then what? It's not statue barred and a really 'new' account .. 4 years old (2012)
Will they just chase me again and go for a new ccj??

Thank you xx

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Hi nem sorry I'm trying to read this on my phone and missed your reply

Yea I got ccj court paperwork through the list on the 25th March for a very account. I'd had nothing off them until this letter from the courts.

I went on the website and put in I was to defend and got the extra days etc..

I sent off a cca and cpr and have had just two letters off the Lowells solicitor saying that they are waiting on getting information back and then sent me a letter saying it was £2k I owed them.

I am now in the process of putting together a defence letter although I don't have a pc to do this so am going to have try typing on my phone with a copy and paste job I think. I'll try get this done by tomorrow evening.

Thank you for you help and hopefully help going forwards too and defending this from these awful spineless creatures at Lowell.

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Any advice on this would be fantastic.

Thanks


1: I received the claim xxxxxx from the Northampton county Court on 25th March 2016

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

3: This claim is for a Very Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with Very 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 Claimants statement of case states that the account was assigned from Very to Lowells on (will need to check this as not sure as never recieved anything) The Defendant does not recall receiving notice of this assignment.

6. It is denied that Veryserved 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 4th April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. Lowell Solicitor has not sent any of these documents to me.

9. On the 4th April 2016 I sent a formal request for a copy of the original agreement to Lowells pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with S78 Consumer Credit Act 1974 and by virtue of S78Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. 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.

13. 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.

14. 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:
Date:

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Para 4 Is imo dubious did you have an account with Very or a you claiming the account was fraudulently opened in your name?

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

It was in my name yes so I guess I take that section out then and would this then give me more time once I've submitted my defence.

So sorry I am so new to this and panicking now the dates creeping up.

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

It was in my name yes so I guess I take that section out then and would this then give me more time once I've submitted my defence.

So sorry I am so new to this and panicking now the dates creeping up.

Once your defence is passed by the court to the claimant they have 28 days to respond.

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Ah brill so I'd get another 28 days ... In that time then could they come back and say pay 1,200 or a less figure than they want as that's ridiculous :-)

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Ah brill so I'd get another 28 days ... In that time then could they come back and say pay 1,200 or a less figure than they want as that's ridiculous :-)

The 28 days is for the claimant to rationalise what if anything will be their response to the defence.

If they are unsure about complying for example a CCA request there is the possibility/probability that a " discount " offer may be made.

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Aww thank you so much for the help...
So for my defence I should send that off that I've posted on here without para 4 as you said that we a bit dodgy.

Do I send the letter via recorded delivery to Northampton county court or can I submit online??

Thank you