Help please!! LOWELL County court claim?

[mattty]

MasterCoder ill print them off again this evening and send them again tomorrow..thanks.

[mattty]

MasterCoder
My wife kindly printed off for me and sent again recorded delivery so they should get them again tomorrow.
Thanks
how long should i wait before i need to submit some kind if defence?

[mattty]

MasterCoder

They have signed to say received both letters yesterday what is the latest my defence should be submitted?
thankyou

[MasterCoder]

Hi, sorry, my wife isn't well at the moment so I'm trying to do a million and one things. You have 33 days from the date of the claim. So if it's the 8th October you should have until 11th November, (the 33rd day is a Sunday so it will carry to the next working day).

[mattty]

MasterCoder hope she is better soon. I know the feeling mine has sever tonsillitis so been working and running around after 3 kids lol.
thanks again,i haven't heard anything from anyone so will try and look at notes on here to work on a defence over the weekend. Any help when you have time would.be much apreciated

[mattty]

Had a letter lowell solicitors today.

Reads..
We confirm receipt of your correspondence.
We have requested the relevant documentation from our client. Once a response has been received this shall he forwarded to you.You will appreciate that we are unable to control the time which we recievea response from our client .


The letter goes on to say i should respond to claim ect ect which ive already done and already told them that i did in the letter to them.

thanks for any help

[mattty]

If anyone could help with regards to letter received and making my defence it would be much appreciated :

[MasterCoder]

Sorry, I'm a bit tied up with the wife at the minute, she has viral meningitis which is quite stressful.

Have you started your defence?

[Amethyst]

Oh goodness, I hope she recovers well Mastercoder.

mattty where are you at with your defence? It will need to go in in the next couple days I believe.
The letter of 31st October is just standard and doesn't need responding to.
So without any documents coming your way it seems you can base your defence on the standard example - Example DefenceYou will have to plead the same for each of the three accounts they are claiming on. If you do a draft then I'll keep an eye out to check all is ok before you submit.

[mattty]

MasterCoder sending best wishes to your wife.

Amethyst thankyou so much.
ihave literally copied the example defence so far obviously with own information.( haven't received anything apart from the letter stated above)I will have another look at it when home from work this evening and send a draft for you to see as was planning to send the weekend. Thankyou for your help its much appreciated

[mattty]

Amethyst


had this so far, but as said will look again this evening. however do i need to write it out 3x for each account?

In the [Northampton County Court Business Centre]

Claim No: xxxxxx

Lowell Portfolio

Claimant

And

xxxxxxx

Defendant

DEFENCE

1.The Defendant received the claim xxxxx from the Northampton County Court on 10/10/19

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

3.These claims are Catalogue Account agreement regulated under the Consumer Credit Act 1974.



4.It is denied that the Defendant has entered into agreements with the original creditors 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 Claimants Particulars of Claim fail to state when the agreement was entered into.
7.It is denied that the Original Creditor 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.

9.On the 23/10/19 The Defendant sent a request for inspection of documents mentioned in the claimants 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.

10.Lowell Solicitors has not sent any of these documents to the Defendant.

11.On the 23/10/19 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section r 78 of the Consumer Credit Act 1974 along with the statutory 1 fee.

13.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.

14.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.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17.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 ________________________________

[mattty]

Amethyst does the defence sound okay? Thanks so much for your help. I think i need to sumit tomorrow so starting to panic if its okay.

[mattty]

Hi Amethyst or anyone that can help.
i will need to submit defence by lunchtime as has to be done today and im at work after then.
Fingers crossed my draft was okay?
Thanks in advance for anyone that can help

[mattty]

In the [Northampton County Court Business Centre]

Claim No: xxxx

Lowell Portfolio

Claimant

And

xxxx xxxxxx

Defendant

DEFENCE


1: I received the claim xxxxxx from Northampton County Court on
10/10/19

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


3: The 3x claims 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 for provision of credit with the original creditors
(Shop direct finanoial services and Grattan plc/Freemans plc).

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

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

7. It is denied that Shop direct financial services and Grattan
plc/Freemans 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 23/10/19 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 23/10/19 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 .................................................. ....



Changed it before sending so hope okay

[MasterCoder]

I'm sorry I've not been able to help or advise more, my wife's still quite poorly and I've got the kids and work to contend with.

For the most part, that seems sound.Â* I take it you've still not had anything back from Lowell by way of Paperwork?