Lowell debt county court dispute

[Parker1313]

Re: Lowell debt county court dispute

Can anyone help me construct my defence letter? I don't want to word it wrong.

[MIKE770]

Re: Lowell debt county court dispute

Defence Example

[Parker1313]

Re: Lowell debt county court dispute

Thanks for the defence response, do I need to adapt one of these to my claim or?

It'd just some of the points I haven't done for example the bit about repaying them a pound. I've just sent them a prove it letter.

[MIKE770]

Re: Lowell debt county court dispute

yes adjust to your circumstances

[nemesis45]

Re: Lowell debt county court dispute

Thanks for the defence response, do I need to adapt one of these to my claim or?

Yes the template are for you to amend to suit and give you an idea of content and format.

nem

[Parker1313]

Re: Lowell debt county court dispute

Okay thanks Nem and Mike

[Parker1313]

Re: Lowell debt county court dispute

Should i type it up or should I write it on the defense form i'm sorry if i'm asking alot of questions i just don't ant them to think its my debt.

[Parker1313]

Re: Lowell debt county court dispute

1: I received theclaim [C3HK9X3A] from the [COUNTY COURT BUSINESSCENTRE - NORTHAMPTON] County Court on [30 OF NOVEMBER2016]

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

3:This claim [is for/ appears to be for] a [Credit Card/ Loan / Catalogue Account] agreement regulated under theConsumer Credit Act 1974.

4: The Claimants statement of casefails to give adequate information to enable me to properly assess myposition with regards the claim.

[5. The particulars ofclaim fail to state when the agreement was entered into.]

6.The Claimants statement of case states that the account was assignedfrom [VODAFONE ] to [LOWELL PORTFOLIO 1LTD] on [31-07-2014]. The Defendant does not recallreceiving notice of this assignment.

7. It is deniedthat [VODAFONE] served any Default notice on the Defendantpursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon theDefendant.

8: On the [12-12-2016] I sent a requestfor inspection of documents mentioned in the claimants statement ofcase under Civil Procedure Rule 31.14 to [LOWELL SOLICITORSLTD]. I requested the Claimant provide copies of the [Agreement,Default Notice and Notice of Assignment] .

9. LOWELLSOLICITORS LIMITED has not sent any of these documents tome.



10. Under Civil Procedure Rule 16.5 (4) Where theclaim includes a money claim, a defendant shall be taken to requirethat any allegation relating to the amount of money claimed be provedunless he expressly admits the allegation. Therefore It is expectedthat the Claimant be required to prove the allegation that the moneyis owed as claimed.

11. I request the court orders theClaimants to provide the necessary documentation in order for me tofully plead my case else the Claim should stand struck out.

12.In the event that the relevant documents are received from theClaimants I will then be in a position to amend my defence, and wouldask that the Claimants bear the costs of the amendment.

13. Itis denied that the Claimant is entitled to the relief as claimed orat all.

Statement of Truth

The Defendant believes thatthe facts stated in this Defence are true.



Signed…………………………………………

Dated............................................. ..... ....




Is this okay? i have edited point 10 11 and 12 so its shorter

[nemesis45]

Re: Lowell debt county court dispute

Should i type it up or should I write it on the defense form i'm sorry if i'm asking alot of questions i just don't ant them to think its my debt.

Type, all paras double spaced no highlights of bold characters.