**DISCONTINUED!!** Lowell court letter

[hyperglad]

Re: Lowell court letter

Sorry, i tried to add as attachment but couldn't. Can someone let me know if this is OK and help with the SB part.
I received the claim XXXXXXXX from the Northampton County Court on 26/01/17 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 card 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 Claimants statement of case states that the account was assigned from Ikano Bank to Lowells on ??? 2014. I do not recall receiving notice of this assignment. It is denied that Ikano Bank served any Default notice on me pursuant to s87 Consumer Credit Act 1974.

The Claimant is required to prove that a compliant Default Notice was served upon me.On the 02/02/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowells Solicitor.

I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

Where do I put its from 2008 so SB and what do I say ?

On the 02/02/17 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.Lowells Solicitor has not sent any of these documents to me however they did send me a letter stating that they could not send me the Deed of Assignment as it is a confidential document.

The Claimant has failed to comply with S 78 (1) Consumer Credit Act 1974 and by virtue of [s77 (4) 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.Statement of TruthThe Defendant believes that the facts stated in this Defence are true. Signed Date 27/02/17

[hyperglad]

Re: Lowell court letter

@charitynjw Hope you don't mind me tagging you

My D got a letter from Lowells solicitors yday;

We confirm receipt of your letter regarding the above account .

We wrote on the 7 Feb informing you we have requested documentation from the original creditor , we are yet to receive these, once we do we will send them to you until then the account will remain on hold.

We also informed you a CC claim had been issued on 26 Jan you should respond to the claim as you deem appropriate within the time specified in the pack.

We are going to send the defence letter Monday online how do we do this ? does she need to post one too ?

Is there an example of SB anywhere ?

Thanks

[hyperglad]

Re: Lowell court letter

so my D has received another letter from Lowells solicitors it goes like this;

We confirm receipt of your letter regarding the above account .

We wrote on the 7 Feb informing you we have requested documentation from the original creditor , we are et to receive these, once we do we will send them to you until then the account will remain on hold.

We also informed you a CC claim had been issued on 26 Jan you should respond to the claim as you deem appropriate within the time specified in the pack.

We are going to send the defence letter Monday online does she need to post one too ?

Thanks

[charitynjw]

Re: Lowell court letter

Imho, as it was a card I'd go with s78.

[hyperglad]

Re: Lowell court letter

The name, address & Ikano's account number should be sufficient.

Hi
I have just posted some questions but when you say quote Ikano's number would we have to say it was a staff store card to know if it was 77 or 78 ? Are staff store cards covered the same way as a CC or because Ikano is a bank would it be deemed a loan ? She had to have it to buy her uniform and then it changed and the money was taken direct from her wages so she thought it was paid.
Thanks

[hyperglad]

Re: Lowell court letter

Sorry just a few questions
1) How do I know if its sec 77 or 78 , Just read up on the sections, what would a staff card come under, is it the same as a CC ?
2) do I leave the numbers in the letter or take them out?
3) where do I put about it being SB and is there an example of the wording anywhere?
4) should I send it Monday 27th or Tuesday 28th (33rd day) and how is it sent.

Thanks so much for all the help so far

[hyperglad]

Re: Lowell court letter

Thanks ��

[charitynjw]

Re: Lowell court letter

If you still have not received any/all documents requested via your CCA & CPR letters, use the defence example posted above, tweaking it to suit.
& yes, add a paragraph about SB.

[hyperglad]

Re: Lowell court letter

Can anyone advise what to base the Defence letter on, still no further correspondence from Lowell

[hyperglad]

Re: Lowell court letter

My daughter now thinks this relates to a staff card she had when she worked in Oasis. They used to have to open a card to buy their uniform and then they changed it that you paid out of your wages. She carried on working there for about another 3 yrs after it changed and said she didn't even realise she still owed money as nothing was said.
She thinks she hasn't made a payment on this card since 2009, so is this out of time and should I include that in the defence. She has had no further correspondence from Lowells

[charitynjw]

Re: Lowell court letter

Thanks ...do we need to try to guess which card or should we just put store card ?

The name, address & Ikano's account number should be sufficient.

[hyperglad]

Re: Lowell court letter

Thanks ...do we need to try to guess which card or should we just put store card ?

[charitynjw]

Re: Lowell court letter

SAR Ikano for details.
Also see link for details of cards issued by Ikano for various retail outlets.
https://ico.org.uk/ESDWebPages/Entry/Z8703645

Data Controller: IKANO BANK AB (PUBL)
Address:

WATERFRONT HOUSE
WATERFRONT PLAZA
STATION STREET
NOTTINGHAM
NG2 3DQ

[hyperglad]

Re: Lowell court letter

Thanks..... the debt was transferred from Ikano Bank, my daughter is not even sure what it relates to (as it was 2008) but thinks it may have been a store card. She was living with her Fiancée at the time and when they spilt she came back home, hence why she hasn't had any correspondence. What should we put on the defence letter about what it was relating to?

What is the statute of limitations I have heard people mention around length of time ?

Thanks again.

[MIKE770]

Re: Lowell court letter

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