Lowell's CCJ claim

[Emlewuna]

Hi Celestine,

Oh shall I take that bit out about denying it, as to not acknowledge whether I have or haven't had credit from Tesco then?

[MIKE770]

If you had one it would be counter productive and they regard it as s template

[Emlewuna]

Hi MIKE770 I'll take that bit out then

thanks

[Emlewuna]

Right I have sorted those bits, plus sorted the numbering out, as MIKE770 pointed out about it looking like a template and I hadn't changed those accordingly.

DEFENCE
1.The Defendant received the claim ******* from the Northampton County Court Business Centre on 14th of March 2020.
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 Loan agreement regulated under the Consumer Credit Act 1974.
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 Tesco Bank to Lowell Portfolio I Ltd on The Defendant does not recall receiving notice of this assignment.
6.It is denied that Tesco Bank 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.
7.On the 18th of March 2020 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. The defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.
8. Lowell Solicitors has not sent any of these documents to the Defendant.
9. On the 18th March 2020, The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer 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.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.
13.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.
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.

[Emlewuna]

Well, I've just submitted my defence let's see what comes of it all now
Thank you Celestine, Mike and Jaguars for your help. I'll let you know what they come back with.

Emlewuna

[Celestine]

Well done, fingers crossed

[Emlewuna]

Hi guys,

I've received acknowledgment of my defence. Have I just got to sit and wait and see what Lowell Solicitors want to do now then?

emlewuna

[Emlewuna]

Hi everyone,
I've received two letters today from Lowell's solicitors.
I will try and upload both on here so you can see.
Basically the first says they have asked Tesco for the original documents blah blah and the second is a direction's questionnaire for small claims court.
now what?
Emlewuna

[Emlewuna]

I've also just realised the letter saying they were getting the information from Tesco was dated the 22nd April, the directions questionnaire letter is dated the 24th April. Is the directions questionnaire a good sign?*

[jaguarsuk]

Apologies I haven’t be around as much, I’m still working and that’s been taking up a lot more of my time than before the covid-19 crisis.*

Is the DQ from Lowell or Lowell?

Ordinarily I’d say if the latter ignore it and wait for the court, but they don’t have the documents they need to prove the claim and therefore you want to move this along quickly.*

There’s a guide in my signature of how to complete it.*

[Emlewuna]

Morning jaguarsuk*its no problem don't worry. I actually thought you might have gotten ill or something and felt very bad about it so I'm glad it's just that you're busy with work.
both letters are from Lowells solicitors
Thank you I'll have a quick look now

[jaguarsuk]

No all well apart from a bit of fatigue from increased work load.*

[Emlewuna]

jaguarsuk glad to hear fatigue is the extent of it. Hope it lifts soon.
just a quick question about this dq form, I don't see anywhere for me to reply to it or sign? It just has their details on?
could you shed some light on what I am meant to be doing with it? Bearing in mind I've only received the copy Lowell has sent and not the copy from the court yet still? There is no date to reply on the one they've sent either?
Any advice would be much appreciated

[jaguarsuk]

You will send it to CCBC Northampton.

[Emlewuna]

I am so confused because there is nothing for me to respond to on the form, just has their details on the form, nowhere for me to put my name in or tick any boxes or anything? It's been a month and nothing from the court either?