not sure how to write a defence for statute barred against lowell portfolio

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

Thanks and is point 3 correct is a mobile phone contract regulated ,by that act. Because they (solicitor) have said its not on the court letter

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

Apologies, I'd forgotten this was a mobile phone contract. I've had a very busy few days xx

No it is not covered by CCA, so you need to remove paras 3,7 and 10 and 11. Here is some background reading.

http://www.legalbeagles.info/forums/...-1974-T-Mobile

http://legalbeagles.info/forums/show...-from-CCA-1974


The defence to this claim should be Limitation Act 1980. That is in itself what we call a complete defence.

Limitation

1. The Claimant is put to strict proof that the claim is not statute barred by the operation of s5 of The Limitation Act 1980 as the Defendant believes that s/he has not made payments on this account for more than 6 years.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

So If I remove those paragraphs , and insert the limitation part you mentioned above . Where would I put that ? At the start ? Or should I scrap the whole thing that I put up before and just use the limitation part as my defence I'm sorry I don't understand .

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

So If I remove those paragraphs , and insert the limitation part you mentioned above . Where would I put that ? At the start ? Or should I scrap the whole thing that I put up before and just use the limitation part as my defence I'm sorry I don't understand .

And unfortunately I have until 4pm today to put the defence in .

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

I'd just remove the numbered paras I suggested then use the Limitation as your main defence. I.e put it in first. X

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

thanks kate, how does this read.
IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: CXXXXXXX


BETWEEN
Lowell Portfolio 1 LTD
CLAIMANT
-and-
Kriscatt
DEFENDANT


Defence


1:I received the claim CXXXXXXX from the Northampton County Court on 18th March 2016


2;The Claimant is put to strict proof that the claim is not statute barred by the operation of s5 of The Limitation Act 1980 as the Defendant believes that s/he has not made payments on this account for more than 6 years.


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


4: It is denied that the Defendant has entered into an agreement with Lowell Portfolio 1 LTD 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 particulars of claim fail to state when the agreement was entered into.


7: The Claimants statement of case states that the account was assigned from Orange to Lowell Portfolio 1 LTD on 30th March 2012. The Defendant does not recall receiving notice of this assignment.


8: On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


9. Cohen Cramer Solicitors has not sent any of these documents to me.


11: 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). 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.


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 .................................................. ....

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

I would move para 2 to in between paras 7&8 as the earlier paragraphs are like 'house keeping' and setting out the situation, then Straight onto your primary defence.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

I would move para 2 to in between paras 7&8 as the earlier paragraphs are like 'house keeping' and setting out the situation, then Straight onto your primary defence.

Ok then that's it post it as a defence on money claim website ,

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

Hi [MENTION=2]Celestine[/MENTION],

So i received myŁ1 cheque back from lowell saying it was in reference to a previous letter dated 8th April , which i did not receive.

So i rang them to see what was going on and they said they had returned it as my CCA request was not relevant to an orange account, i mentioned to him that it was statue barred on the phone and he said he could see the last payment date was 2nd December 2009.

Should i address this any further or just leave it with the court. should i tell the court he admitted it was statute barred on the telephone. or is that just worth the paper its written on.

[Emmalouliv]

Re: not sure how to write a defence for statute barred against lowell portfolio

Kriskatt
How have you got on with this? I am having the exact same problem with the exact same companies.
I Have entered claim defence and Cohen Cramer are stating by letter that the debt is not statute barred as default was Sep 2010 despite last payment being 23rd January 2010.
Interested to know where you are up to?
Thanks :-)

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

hi, Sorry i need a little help again i have to send back the the directions Questionaire form from the court today and i.m a little unsure on how many witnesses i need to put down. i dont want to have to go all the way to northampton can i just put a zero or will i have to go to the hearing and be a witness?????? [MENTION=2]Celestine[/MENTION]

[Amethyst]

Re: not sure how to write a defence for statute barred against lowell portfolio

You put 1 witness (ie. just yourself)

The case won't be heard at northampton - there should be a section of the form which asks where you would like the hearing to be (D1 ? ) - put your local county court in there.