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Started a tread previously but not sure if its still active as not had any recent response and i need to put my defence in today .
also not sure if this agreement is regulated under the Consumer Credit Act 1974.
my defence i have so far it based on the template i got from this site but i dont know if its
a) suitable for a mobile phone contract.
and
b) doesn't mention the statute barred part of my defence.
here what i have so far
1: I received the claim C3GK532T from the Northampton County Court on 18th March 2016
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 Mobile Phone agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has entered into an agreement with Lowell Portfolio 1 LTD for provision of credit.
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 particulars of claim fail to state when the agreement was entered into.
6. 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.
7. It is denied that Orange 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 [Date] I sent a request for inspection of documents mentioned in the claimants 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.
10. On the [Date] I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: 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.
13. 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.
14. 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.
15. 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.
16. 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 .................................................. ....
Started a tread previously but not sure if its still active as not had any recent response and i need to put my defence in today .
also not sure if this agreement is regulated under the Consumer Credit Act 1974.
my defence i have so far it based on the template i got from this site but i dont know if its
a) suitable for a mobile phone contract.
and
b) doesn't mention the statute barred part of my defence.
here what i have so far
1: I received the claim C3GK532T from the Northampton County Court on 18th March 2016
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 Mobile Phone agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has entered into an agreement with Lowell Portfolio 1 LTD for provision of credit.
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 particulars of claim fail to state when the agreement was entered into.
6. 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.
7. It is denied that Orange 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 [Date] I sent a request for inspection of documents mentioned in the claimants 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.
10. On the [Date] I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: 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.
13. 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.
14. 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.
15. 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.
16. 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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