Lowell County Court claim crisis

[Madrigal]

Re: Lowell County Court claim crisis

Another quick question. I acknowledged the claim on 27th July and have 30 days to file a defence. That means I have 10 days left. Lowell said in their letter that they have placed my account on hold while they get the documents, does this mean they will inform the court of that and I don't have to do anything? Does the time limit get exended until I hear from them again?

[MIKE770]

Re: Lowell County Court claim crisis

if the court says submit etc do it as per their timetable ignore Lowells follow court instruction always

[nemesis45]

Re: Lowell County Court claim crisis

Another quick question. I acknowledged the claim on 27th July and have 30 days to file a defence. That means I have 10 days left. Lowell said in their letter that they have placed my account on hold while they get the documents, does this mean they will inform the court of that and I don't have to do anything? Does the time limit get exended until I hear from them again?

Timescale runs from the date the claim was issued.

The Lowell" On Hold " is meaningless as it's not an formal extension of time agreed and notified by you to the court. The court process will continue.

nem

[Madrigal]

Re: Lowell County Court claim crisis

OK,so if I use this sample defence here: http://legalbeagles.info/forums/newr...0004&noquote=1

I can use this?

[12: [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.]

...but if I file my defence within the 30 days they won't have had more time?
When they say they've placed my account on hold, does that mean the same as agreeing to an extension? I asked them in my CPR letter (copied from here) to produce the docs in 7 days. It took them 18 just to tell me they didn't have them yet.

[Madrigal]

Re: Lowell County Court claim crisis

Thanks nem. So should I ask them for a formal extension now? The other option in the above thread is [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), but they have declined. Or what else should I say? I know I still have 10 days but I want to make sure I have everything ready and I know what I'm doing.

My CPR letter said: If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court. Can I assume that if they didn't agree to extend they've actually declined?

[nemesis45]

Re: Lowell County Court claim crisis

OK,so if I use this sample defence here: http://legalbeagles.info/forums/newr...0004&noquote=1

I can use this?

[12: [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.]

...but if I file my defence within the 30 days they won't have had more time?
When they say they've placed my account on hold, does that mean the same as agreeing to an extension? I asked them in my CPR letter (copied from here) to produce the docs in 7 days. It took them 18 just to tell me they didn't have them yet.

No there has been formal extension which has a maximum of 28 days. All has been said is that the claimant has put the matter on hold in this situation the court process continues.
As said your time to submit is calculated from the date the claim was issued.

The template/specimen is for you to amend / edit to your needs it is not for submission as it stands.

nem

[Madrigal]

Re: Lowell County Court claim crisis

Can I say this then? They didn't decline, they just ignored my request.

The Parties did not agree 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.

Would that cover it? Then I could use this next bit?

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.

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.

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.

[Amethyst]

Re: Lowell County Court claim crisis

I would leave out the mention of an extension altogether. If they don't decline or agree it just confuses matters. It can be mentioned later in your witness statement ref the procedures - particularly if they ask for more time or allow the claim to be stayed in the court, but it isn't needed in the defence. The CPR 16.5 section is fine

[Madrigal]

Re: Lowell County Court claim crisis

I've had a go at the defence as I only have a couple of days left to get it in. I have a few questions though. Here's what I have so far:

1: I received the claim [Claim Number] from the Northampton County Court on 27th July 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 anagreement regulated under the Consumer Credit Act 1974.


4: It is denied that the Defendant has entered into an agreement with Sigma Financial Group Limited [for provision of credit? Do I even mention this as it doesn’t say what the agreement was for?]


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 statement of case states that the account was assigned from Sigma Financial Services Limited to Lowell Portfolio 1 Limited on [Date]. The Defendant does not recall receiving notice of this assignment] - Do I even mention this, as have been getting letters from Lowell but I asked for a copy of the notice?


7. It is denied that Sigma Financial Services Limited 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 28th September 2016 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, Formal Demand and Notice of Assignment.


9. I received a letter from Lowell Solicitors Limited on 13th August 2016 stating that a request has been sent to the original creditor for a copy of the original Credit Agreement and Default Notice, and that these will be forwarded to me on receipt. It further states that my account had been put on hold to allow time for the documents to be received.


10. On the28th September 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Limitedpursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee. I put all the sections because they didn’t tell me what it was for.


11. The Claimant has failed to comply with s77 - 79 Consumer Credit Act 1974 and by virtue of s77 - 79 Consumer Credit Act 1974 cannot enforce the agreement.


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

[Amethyst]

Re: Lowell County Court claim crisis

Okay can you check dates as you have put 28th September 2016 - is that meant to be July ?

Also, reading back quickly I see you mention you thought this may be a Barclays Overdraft... do you still believe that ? Sigma often take over Barclays accounts debt collection - but you certainly woulnd't have entered into any agreement with them.

3. The Claimant's statement of case states that the alleged debt has arisen from an agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with Sigma Financial Group Limited . The Claimant does not specify what the agreement was for and the Defendant has no record of any agreement with Sigma Financial Group Limited. Also, there is a belief it may be statute barred, we can include that in the defence placing the onus of proof on them.... without admitting to the debt.

Something like

5: It is my contention that any alleged debt would be statute barred by virtue of paragraph 5 of the limitations act 1980. I am unaware of any debt or payments to any debts after xxx 2009.



Also you are completely right to put s.77-79 as they haven't said what kind of debt it is.

Pragraphs 8 and 10 - I would add ' In order to try and find out more information..... I sent a request..... '

[Madrigal]

Re: Lowell County Court claim crisis

I do believe it is a Barclays overdraft, as it is about the amount I remember.
I certainly didn't have an agreement with Sigma. The CCCS told me to write to Barclays stating that I could only pay £1 per month, then send that by PO and have no further communication with them or anyone else until I get a CCJ. The last payment I have a record of was August 09, definitely to Barclays, although I think I may have paid for a little bit longer. 6 months at the most I think. I remember getting a letter from a debt collector but I just ignored it and carried on paying Barclays.

Thanks for spotting the date, it was supposed to be July!

Amended version:

1: I received the claim [Claim Number] from the Northampton County Court on 27th July 2016.


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


3: The Claimant's statement of case states that the alleged debt has arisen from an agreement regulated under the Consumer Credit Act 1974.


4: It is denied that the Defendant has entered into an agreement with Sigma Financial Group Limited. The Claimant does not specify what the agreement was for and the Defendant has no record of any agreement with Sigma Financial Group Limited.


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


6: It is my contention that any alleged debt would be statute barred by virtue of paragraph 5 of the limitations act 1980. I am unaware of any debt or payments to any debts after August 2009.


7: It is denied that Sigma Financial Services Limited 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 28th July 2016, in order to try to find out more information, 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, Formal Demand and Notice of Assignment.


9: I received a letter from Lowell Solicitors Limited on 13th August 2016 stating that a request has been sent to the original creditor for a copy of the original Credit Agreement and Default Notice, and that these will be forwarded to me on receipt. It further states that my account has been put on hold to allow time for the documents to be received.


10: On the28th July 2016, in order to try to find out more information, I sent a formal request for a copy of the original agreement to the Claimant, Lowell Portfolio 1 Limited,pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11: The Claimant has failed to comply with s77 - 79 Consumer Credit Act 1974 and by virtue of s77 - 79 Consumer Credit Act 1974 cannot enforce the agreement. [should I say ‘alleged agreement’?]


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

[Amethyst]

Re: Lowell County Court claim crisis

11: The Claimant has failed to comply with s77 - 79 Consumer Credit Act 1974 and by virtue of s77 - 79 Consumer Credit Act 1974 cannot enforce the agreement. [should I say ‘alleged agreement’?]

Yes

then I think that all sounds fine - maybe change the Defendant bits in para 4 to 'I' - my fault I tend to talk in the third party.

[Madrigal]

Re: Lowell County Court claim crisis

Great, thank you! OK *deep breath* I'll get that in now. I'm actually feeling quite confident, and I was terrified when I first got the court letter. Which I suppose is what these vultures were aiming for!

[Amethyst]

Re: Lowell County Court claim crisis

It is exactly what they hope for....and 85% of the time they succeed !!!..... The more you actually look at the claim the more massive holes you see in it and (hopefully) the more confident you become xxx Best of luck xxxx