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Thank you for the reply. Sorry to sound dumb but which parts are the CCA bits ? its a little confusing for me.
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Post it up so we can go through it, when you've done your Defence.Originally posted by scottiow View PostComment
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Ok im really not sure if Ive left the correct bits out or if Ive done it correct, its really confusing. I really appreciate your help.
Ive attached it as a file. Thankyou.
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Have a read, fill in all the XXXXXXX, change anything that isn't correct, when you are happy with it send it off -
DEFENCE TO CLAIM
1)The Defendant received the claim Ref no XXXXXXXXX from the Northampton Country Court Business Centre on 14/11/2021.
2) The Defendant denies that he is liable to the Claimant either as alleged in the particulars of claim, or at all. Save where otherwise admitted, each and every allegation in the particulars of claim are denied.
BACKGROUND
3) The Defendant entered into a contract with Sky for Mobile Phone services.
THE CLAIM
4) Paragraph 1 it is admitted that the Defendant previously entered into a contract with Sky UK Limited for the provision of services.
5) Paragraph 2 of the Particular of Claim is denied.
6) Paragraph 3 is denied insofar as the Claimant has not provided the information requested under Civil Procedure Rules 31.14.
7) Paragraph 4, it is denied that the Claimant is owed the statutory interest which is included in the disputed sum of £XXX.XX
PARTICULAR
8) The Defendant has ongoing health issues and has struggled financially i.e. low income.
9) The Claimant's statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards to the claim.
10) The Claimant's Particulars of Claim fail to state when the agreement was entered into.
11) The Claimants statement of case states that the account was assigned from Sky to Lowell Portfolio 1 on 23/04/2019. The Defendant does not recall receiving notice of this assignment.
12) On the XX/XX/XXXX the Defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitor. The Defendant requested the Claimant provide copies of the Contract, Default Notice, Notice of Assignment, Terms and Conditions etc.
13) Overdales has only sent a Notice of Assignment, the remaining documents remain outstanding and have not been received by the Defendant.
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 Claimant's 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 ________________________________
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That looks great, thankyou so much. I have recieved the following email, I'm not sure if it makes any difference or not? I'm happy to setup an affordable payment plan if it means no ccj, should I try and push that or just send the letter you suggested?
Dear Mr Hunter
We refer to recent communications.
You will be aware that Court Proceedings have now been issued by the solicitors acting on behalf of our client, Lowell Portfolio I Ltd.
In order for us to consider an instalment arrangement you will need to complete the Admission form in the response pack which accompanied the County Court claim form. Please complete the form providing details of your income and expenditure together with an affordable offer of payment. The completed form should then be returned to our client's solicitors, whose details can be found on the front of the claim form.
Alternatively, you can complete a telephone admission by calling us on 0333 111 0790.
We have placed your account on hold for 14 days to allow time for you to provide the required information.
Please note that if we don't hear from you, this may result in a default judgment order being applied for and the risk of further legal enforcement action being taken if the terms of any judgment order are not complied with.
We trust this clarifies the position and look forward to your earliest response.
Yours sincerelyComment
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I would send the Defence above, they are a long way from getting a default judgement. You still have mediation and they've not provided any of the documents you've requested except 'letter of assignment'. Instead they are telling you'll find hem in a box somewhere.Comment
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Ok sounds good, il get that sent off. Thanks again for the help.Comment
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Just to double check, I should send this to overdales, is that correct ?
Thanks.Comment
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I would in this instance, gives them something to think about. They should provide the documents they are relying on to bring the claim against you, they shouldn't tell you some documents were in the mobile phone box at time of purchase.Originally posted by scottiow View PostComment
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Hi,
Ive received the following letters regarding this, including a huge stack of paperwork from lowell. Please can you advise on what to do next ? I really appreciate your help with this. Thank you.
I will add the images later this afternoon. Thankyou.
Last edited by scottiow; 12th January 2022, 12:29:PM.Comment
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take that down and cover up personal detailsComment
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Hi,
I've recieved the following letter. Please can you advise on what to do?
Thankyou once again,
Scott
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