Lowell Claim Form

[lillman]

Re: Lowell Claim Form

Will do, thanks Mike!

[lillman]

Re: Lowell Claim Form

Hi all,

I've just registered with MCOL, however I'm not sure whether to just start my defence or click on acknowledgment of service and request extended time to prepare my defence?

Many thanks!

[MIKE770]

Re: Lowell Claim Form

just acknowledge claim for now - nothing else on there

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you do not have a defence rush at this stage = slow down before you trip up!

[nemesis45]

Re: Lowell Claim Form

Hi all,

I've just registered with MCOL, however I'm not sure whether to just start my defence or click on acknowledgment of service and request extended time to prepare my defence?

Many thanks!

Hi,

Just acknowledge at this stage don't enter any thing in defence just state intention to defend in full.

nem

[lillman]

Re: Lowell Claim Form

Great, thanks Mike/Nem! :-)

[lillman]

Re: Lowell Claim Form

Hi, so.... I haven't heard anything from Lowell or their solicitors BW Legal following the CCA/CPR request letters I sent to them on 2nd November, which they would have received on 3rd November.

Please can someone confirm that they have until Wednesday, 16th, to respond to me with the agreement etc (12 days + 2)? Also, what is the likelihood that they will still be able to find and supply the agreement etc?

If I don't receive any correspondence by this time, what are the next steps for me to take with regards to Court?

Thanks!

[Stu]

Re: Lowell Claim Form

If you don't receive anything from them this will make up part of your defence, however they can at anypoint provide you with the paperwork you have requested.. but the lack of doing so under the timescales given will make part of your defence as said...

For now have a read over other threads and try get a feel for your own defence, as that will be your next step..

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Did you send the request CPR and CCA (with £1 postal order) via recorded delivery and keep proof of postage by the way?

[nemesis45]

Re: Lowell Claim Form

[QUOTE=lillman;689838]Hi, so.... I haven't heard anything from Lowell or their solicitors BW Legal following the CCA/CPR request letters I sent to them on 2nd November, which they would have received on 3rd November.

Please can someone confirm that they have until Wednesday, 16th, to respond to me with the agreement etc (12 days + 2)? Also, what is the likelihood that they will still be able to find and supply the agreement etc?

Hi.

It's 12 + 2 Working Days so Saturdays and Sundays / Bank Hols don't count.

If they don't respond to the CCA request within the timescale the debt is rendered unenforceable Until the agreement or a compliant reconstituted one is produced.

nem

[Stu]

Re: Lowell Claim Form

But they never do stick with these timescales though do they [MENTION=42011]Nem[/MENTION], and produce documents at anytime to suit themselves...

[lillman]

Re: Lowell Claim Form

If you don't receive anything from them this will make up part of your defence, however they can at anypoint provide you with the paperwork you have requested.. but the lack of doing so under the timescales given will make part of your defence as said...

For now have a read over other threads and try get a feel for your own defence, as that will be your next step..

- - - Updated - - -

Did you send the request CPR and CCA (with £1 postal order) via recorded delivery and keep proof of postage by the way?

Hi Stu,

Still nothing from claimant or their solicitors, no acknowledgement to my CPR and CCA request they received on 3rd November - I sent £1 postal order with the request and have proof of postage.

What is my next step please? The claim was issued on 28th October, they've had the 12 + 2 days down and 33 days after the claim was issue is 30th November.

Thanks!

- - - Updated - - -

[QUOTE=nemesis45;689884]

Hi, so.... I haven't heard anything from Lowell or their solicitors BW Legal following the CCA/CPR request letters I sent to them on 2nd November, which they would have received on 3rd November.

Please can someone confirm that they have until Wednesday, 16th, to respond to me with the agreement etc (12 days + 2)? Also, what is the likelihood that they will still be able to find and supply the agreement etc?

Hi.

It's 12 + 2 Working Days so Saturdays and Sundays / Bank Hols don't count.

If they don't respond to the CCA request within the timescale the debt is rendered unenforceable Until the agreement or a compliant reconstituted one is produced.

nem

Thanks Nem, they still haven't sent anything to me since my CPR and CCA request which they received on 3rd November - do I need to contact Court?

Thanks

[Stu]

Re: Lowell Claim Form

Start looking at other defence's with similar situations as yours lilman, never expected you to receive anything from Lowells... When you think you're confident enough about the defence post one up and the good folk on here will go through it with you ....

You will be adding the lack of paperwork that you've requested

[nemesis45]

Re: Lowell Claim Form

[QUOTE=lillman;691355]Hi Stu,

Still nothing from claimant or their solicitors, no acknowledgement to my CPR and CCA request they received on 3rd November - I sent £1 postal order with the request and have proof of postage.

What is my next step please? The claim was issued on 28th October, they've had the 12 + 2 days down and 33 days after the claim was issue is 30th November.

Thanks!

- - - Updated - - -

Thanks Nem, they still haven't sent anything to me since my CPR and CCA request which they received on 3rd November - do I need to contact Court?

Thanks

They remain in breach of the request.

nem

[lillman]

Re: Lowell Claim Form

I've attached below my intended defence, please can someone check this and let me know if it's okay and let me know how and when I should submit my defence?

1: I received the claim ****** from the Northampton County Court on 01/11/2016

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

3: This claim is for £1432.68 Financial Services 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.

6. The Claimants statement of case states that the account was assigned from HFC Bank to Lowell Portfolio on 23/12/11. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HFC 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.

8: On the 02/11/16 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal and Lowell Portfolio. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. BW Legal has not sent any of these documents to me or acknowledged my request.

10. On the 02/11/16 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 77-79 Consumer Credit Act 1974 and by virtue of section 77-79 Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimants solicitors 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 failed to respond.

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.

[lillman]

Re: Lowell Claim Form

Start looking at other defence's with similar situations as yours lilman, never expected you to receive anything from Lowells... When you think you're confident enough about the defence post one up and the good folk on here will go through it with you ....

You will be adding the lack of paperwork that you've requested

Morning Stu,

I wonder whether you could please have a look at the defence I posted please? I'm conscious that I'm running out of time, the claim was issued on 28th Oct plus 33 is 30th Nov?

Many thanks!

[Stu]

Re: Lowell Claim Form

Did you send a CPR request to Lowell...?