** DISCONTINUED *** County Court Claim: Lowell - JD Williams

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

I am not quite sure what date I'm meant to put on the CPR request, is it meant to be the date shown on the court papers or the date I received it in the post?

On XX XX 2017, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

Also, if the claim date was started 21st June, is my defence filing date 23rd July? Just want to check this to be absolutely sure I've put the right date on my letter.

Toenable me to file my defence and/or counterclaim, I require inspection ofdocuments you mention in your statement of case ahead of filing my defence on XX XX2017.

Thanks for your help

[MIKE770]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

CPR request is the date you request/send it


24th July by 4 p.m.

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Thanks Mike770, but I'm a bit confused by "Cpr request is the date you request/send it". The date I need to know is in reference to the line I've pasted below on the CPR request letter. Should it be the court claim notice date or the date I received the claim in the post?

On XX XX 2017, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

[MIKE770]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

on xxx date I sent CPR31.14 (the date you sent the request)???


any reference to court claim would be the date you received the court claim from the court (issuer) they would not of sent court claim to you but the court did!

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

I put the date I received the claim in the post and have sent the CCA, CPR 31.14 & SAR now.

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi,

I have to file my defence by next Monday but not quite sure what to put. I have found an example defence on this site but want to know what the following paragraph means exactly - am I meant to have asked them to extend the time period?

[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.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

I have received a letter back from the solicitor and they have sent me the notice of assignment but they are still having to request a copy of the agreement and default notice from the creditor. They say the account has been put on hold to allow time for that.
They have mentioned the acknowledgement of service and how that provides 28 days from the sevice date of the claim and to ensure I file my response within that timeframe.

Any help will be much appreciated as I don't really know what I'm doing. Thanks in advance.

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Did any letter ask for an extension? Some templates do but it seems they have not agreed. So that para becomes I asked, they declind/refused
[MENTION=6]Amethyst[/MENTION]

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

I basically sent the solicitor the CPR 31.14 request that Amethyst gave me the link to in which there is a paragraph that said

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

So maybe you could rephrase the paragraph to say something like

the claimants solicitors were asked if they needed an extension of time prepare the documents under CPR 15.5 but they did nor respond/declined

[Amethyst]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Maybe something like...

'I invited the claimant to agree to an extension of time for filing of this defence, pursuant to CPR 15.5, to enable them to have time to organise their case and provide the requested documents, however they failed to formally respond to my request '

and then go on to the ' if they supply the docs I might amend and want them to pay costs of it' bits of the defence.


them telling you they'll put it on hold just isn't sufficient

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Thank you for all your help so far, its much appreciated I have a few more questions though in regards to writing my defence.

As I was paying to this account until a couple of years ago. I am not quite sure how to write my defence as in effect the particulars of claim are somewhat correct as in 'failing to maintain the required payments', although in my case I haven't been aware of what the 'required' payment was since 2012 as I moved home and didn't have any letters after that. Should I just deny all of the particulars of claim regardless and include this sentence in my defence - Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence?

Also I don't remember receiving a default notice., and if it turns out that it was sent to my old address when I was no longer living there, would that make their claim unenforceable?

I am going to be using this example defence at the link I've pasted below.

http://legalbeagles.info/forums/show...t-Court-Claims

I would be very grateful for any help with this as I am struggling a bit.

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi again,


Please could someone take a look at my defence that I've pasted below and help me get it right. I also had a couple of questions in the last post before this one too. Thanks for any help.


1. I received the claim XXXXXXXXX from the Northampton County Court BusinessCentre on XX XXXXX 2017.

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

3. This claim appears to be fora catalogue agreement regulated underthe Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information toenable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when theagreement was entered into.

6. The Claimants statement of case states that the account was assigned fromJD Williams to Lowell Portfolio 1 Ltd on XX/XX/XXXX. The Defendant does notrecall receiving notice of this assignment. It doesn't actually say on the particulars of claim that the account was assigned from JD Williams to Lowell Portfolio 1 Ltd, it just basically says ' 3) The Agreement was later assigned to the Claimant' so is it right to mention names?

7. It is denied that JD Williams served any Default notice on the Defendantpursuant to s87 Consumer Credit Act 1974. The Claimant is required to provethat a compliant Default Notice was served upon the Defendant.

8. On the XX/XX/XXXX I sent a request for inspection of documents mentioned inthe claimants statement of case under Civil Procedure Rule 31.14 to LowellSolicitors Limited. I requested theClaimant provide copies of The Agreement, Default Notice and Notice ofAssignment .

9. Lowell Solicitors Limited has produced a copy ofa Notice of Assignment, but has failed to provide a copy of the Agreement and Default Notice.
Is this okay to state these facts together or would it be better to put them in two separate numbered paragraphs? Is the word 'produced' okay rather than 'provided' as I have never seen the copy of the assignment that they have sent me before, so in my view it has been produced..


10. On the 05/07/2017, I sent a formal request for a copy of the originalagreement to Lowell Portfolio 1 Ltdpursuant to section [77 or 78]of the Consumer Credit Act 1974 along with the statutory £1 fee. Which section should it be [77 or 78] ?
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)] Consumer CreditAct 1974 cannot enforce the agreement.

Which one do I put - [s77 (1) / s 78 (1)] and also this one [s77 (4) / s 78 (6)] ?

12. I invited the claimant to agree to an extension of time for filing of thisdefence, pursuant to CPR 15.5, to enable them to have time to organize theircase and provide the requested documents, however they failed to formallyrespond to my request.

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 theamount of money claimed be proved unless he expressly admits the allegation.Therefore it is expected that the Claimant be required to prove the allegationthat the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

15. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

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

Signed …………………………………………

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

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi again,


Please could someone take a look at my defence that I've pasted below and help me get it right. I also had a couple of questions in the last post before this one too. Thanks for any help.


1. I received the claim XXXXXXXXX from the Northampton County Court BusinessCentre on XX XXXXX 2017.

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

3. This claim appears to be fora catalogue agreement regulated underthe Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information toenable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when theagreement was entered into.

6. The Claimants statement of case states that the account was assigned fromJD Williams to Lowell Portfolio 1 Ltd on XX/XX/XXXX. The Defendant does notrecall receiving notice of this assignment. It doesn't actually say on the particulars of claim that the account was assigned from JD Williams to Lowell Portfolio 1 Ltd, it just basically says ' 3) The Agreement was later assigned to the Claimant' so is it right to mention names?

7. It is denied that JD Williams served any Default notice on the Defendantpursuant to s87 Consumer Credit Act 1974. The Claimant is required to provethat a compliant Default Notice was served upon the Defendant.

8. On the XX/XX/XXXX I sent a request for inspection of documents mentioned inthe claimants statement of case under Civil Procedure Rule 31.14 to LowellSolicitors Limited. I requested theClaimant provide copies of The Agreement, Default Notice and Notice ofAssignment .

9. Lowell Solicitors Limited has produced a copy ofa Notice of Assignment, but has failed to provide a copy of the Agreement and Default Notice.
Is this okay to state these facts together or would it be better to put them in two separate numbered paragraphs? Is the word 'produced' okay rather than 'provided' as I have never seen the copy of the assignment that they have sent me before, so in my view it has been produced..


10. On the 05/07/2017, I sent a formal request for a copy of the originalagreement to Lowell Portfolio 1 Ltdpursuant to section [77 or 78]of the Consumer Credit Act 1974 along with the statutory £1 fee. Which section should it be [77 or 78] ?
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)] Consumer CreditAct 1974 cannot enforce the agreement.

Which one do I put - [s77 (1) / s 78 (1)] and also this one [s77 (4) / s 78 (6)] ?

12. I invited the claimant to agree to an extension of time for filing of thisdefence, pursuant to CPR 15.5, to enable them to have time to organize theircase and provide the requested documents, however they failed to formallyrespond to my request.

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 theamount of money claimed be proved unless he expressly admits the allegation.Therefore it is expected that the Claimant be required to prove the allegationthat the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

15. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

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

Signed …………………………………………

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

I have highlighted some typos/formatting in green

For para 6 Just use what is on the claim form - so the agreement was assigned to ..........

For para 9 I would miss out what they have produced, just what they haven't -

para 10 - it is S78 then add a space between paragraphs

Para 11 - it is S78(1) and S78(6)
[MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]

Any more thoughts

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Thanks very much for your help warwick65. The typos have occurred after I posted the post for some reason but is fine on my actual defence document.

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Thanks very much for your help warwick65. The typos have occurred after I posted the post for some reason but is fine on my actual defence document.

I thought that may be the case but wanted to highlight them anyway