Received court claim whilst complaint in progress with fos

[MIKE770]

Example Defence

no matter what these organisation state they really sometimes mis inform, if a claim is made regardless court rules the day, I have told you I went through it and I cannot say anymore if you do not listen

[Kiradevil34]

Hi mike770,

I'm sorry if I've upset you in anyway, I'm just trying to understand what rights I have I suppose and how to defend myself following the fact I've told lowell I dispute the debt claimed.
I have a mental health illness and between being a parent and full time worker I'm finding this very overwhelming.
I really don't know what to put in my defence as as far I can see they supplied the agreement, which I don't remember, the notice and screenshot of default. .
again I'm sorry if I've offended you, it wasn't my intention and I appreciate your help.

[MIKE770]

Amethyst please pop in here and assist

[MIKE770]

No offence taken BUT important now is the defence deadline

[Kiradevil34]

Thank you

[Kiradevil34]

Hi,

I'm wondering whether someone could help with my defence.

Most things were already received following preaction protocols except the default notice.

Following preaction I complained to shop direct and to Lowell's and the complaint is with the fos - do I mention this in defence or leave it out?

Below is my draft defence, I know it needs reordering but wanted to ask for advice on tweaking before doing this. I would really appreciate some help, I have also noticed that in my SAR from shop direct they is no default notice, no letters or anything? Also the statement of account sent from Lowell's shows different default amounts that what is being claimed, also some reversals?

1.The Defendant received the claim *** from the Northampton County Court on 04/09/19.
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 admitted that the Defendant has previously entered into an agreement with very/Littlewoods/additions direct for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on xx/xx/xxxx]
8.The Claimants statement of case states that the account was assigned from very/Littlewoods/additions direct to Lowell Portfolio 1 LTD on [Date]. The Defendant does not recall receiving notice of this assignment.
9.It is denied that very/littlewoods/additions direct 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the 19.09.19 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
12.On the [Date – months ago following preaction) The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the 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.]
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead the case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend this defence, and would ask that the Claimants bear the costs of the amendment.
18.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 ________________________________

[Kiradevil34]

Please could someone advise me on defence? x

[Kiradevil34]

Hi,

Is there anyone who would be able to advice on writing a defence based on lack of default notice? I would be eternally grateful if someone could point me in the right direction.

Thank you in advance x

[Kiradevil34]

Can anyone help me?

[Amethyst]

Okay yes it looks like your deadline for defending the case is coming up if the claim was issued 3rd September.

The complaint to the FOS covers irresponsible lending and you mention a number of errors made in the claim by Lowell ? If you detail those, or maybe post up your FOS complaint so we can work on a defence using the same points, as well as the standard consumer credit issues - Did you send the CCA and CPR letters ? I know you mentioned you received the agreement and assignment notice off the back of the pre-action protocols, no default notice though, and default isn't pleaded by the other side, only termination … however that is normally easily rectified using the Shop Direct screenshot to say when it was sent and a template example Default Notice. So the issues for defending the claim are going to be the same as your FOS complaint.

[Kiradevil34]

Hello x

Sorry been dealing with head lice issues!! Eugh!

Claim was issued on the 4th Sept so defence due by Monday x

Using debt camel template and looking at my sar from shop direct I had many limit increases following missed payments to them and other creditors as well as 2 defaults existing already.

My address is incorrect on everything and letters from lowell mix up old address and new. lowells didn't send any final response to the complaint from shop direct and after 18 weeks I passed the complaint to the fos and made Lowell's aware and pointed out they hadn't followed any complaints procedure as well as the regulators rules on continuing debt collection when a dispute was ongoing.

Sent CPR letter, no response, didn't send CCA as this was already sent during pre action.

Not sure what to put in defence....about 800 of their claim is interest and charges which I know from the sar.

Any help in how to write a defence would be greatly appreciated xx

[pt2537]

they shouldnt be suing while a complaint is being investigated. that is a major error, invite them to withdraw their claim immediately.

[Kiradevil34]

I complained to Lowell's after receiving the claim and they emailed to say they wouldn't be investigating my complaint or withdrawing and that I must respond to the claim otherwise they get default judgement.

I really don't know what to put in my defence, please help!

[Kiradevil34]

My defence needs to be submitted by latest Monday, is there anyone who can advice on how to write a defence based on my complaint of irresponsible lending? I appreciate it's the weekend but if anyone on here can help at all I'd really appreciate it xx

[Kiradevil34]

In case anyone finds themselves in a similar situation - i sent in my defence based on examples found on this site on the basis of them not providing the default notice or pleading a default at all and that the amount claimed was in dispute and the basis of my complaint with the fos which the claimant was made aware of.
I have received directions from lowell in which they offer mediation but have yet to receive mine from the court - at this stage I am considering doing some calculations and making an offer of repayment on the undisputed amount claimed, although this isn't easy using shop directs transactions list.