court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

[nemesis45]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

MY DEFENCE ( UPDATED VERSION 29/01/2017)

i have knocked up this as a defece IS IT OK PLEASE ADVICE,MANY THANKS.....

MY DEFENCE IS THIS OK PLEASE ADVICE?,,,(I INTEND SUBMITTING DEFENCE 3/2/2017)
Dated 03/02/2017
Re LOWELL PORTFOLIO 1 LTD - V- XXXXXXXX Claim No XXXXX

1 I am the Defendant in this case. The Defendant is unable to present a full defence at present due to the Claimants solicitor failure to respond to a CPR 31.14 request for disclosure, letter dated 18/01/2017 and received signed for by claimants solicitor on 20/01/2017.

2The Defendant denies that he is indebted to the Claimant and puts the claimant to strict proof of claim. The Claimant has mentioned- Agreement regulated by the Consumer Credit Act 1974 for the account ,Default Notices issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant., Notice of Assignment to the Claimant relating to the Defendant’s account. in its Statement of Case, and yet has provided none of these documents despite CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request.

3 The Defendant requires the Claimant to produce the Deed of Assignment as mentioned in the particulars of claims, showing proof of ownership and powers to act. The Claimant has not produced a valid deed of assignment and only by implication indicates that such exists. Therefore the claimant has not discharged the burden of proof and has not established his claim to have a right to sue as assignee. Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) the debtor is entitled to "view the sale agreement,”.

4 The Defendant requires the Claimant to produce a legible properly executed and enforceable Credit Agreement that meets the requirements of CCA1974 and mentioned in the Particulars of Claim, as required by
CPR Rule 31.6 Standard disclosure requires a party to disclose only– (a) the documents on which he relies; and (b) the documents which- (i) adversely affect his own case, also 31.14 (1) A party may inspect a document mentioned in- (a) a statement of case.

5 The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim and show any interest and charges.

6 In view of the above the Defendant asks that this claim should be Struck Out under Civil Procedure Rule 24.2 (a) (i), on the grounds the Claimant has no real prospect of succeeding as:

I) they have failed to provide any of the documents upon which their claim relies,
ii) has failed to respond to a CPR31.14 request for disclosure of documents,.

Otherwise the Defendant respectfully requests a Stay in proceedings until such time as the Claimant complies with the Defendants CPR31.14 request, dated 18/01/2017 or until the Court orders its compliance with the same. The Defendant will then be in a position to file a fully particularised defence and will seek the Court’s permission to amend this statement of case accordingly. Ref PRACTICE DIRECTION – PRE-ACTION CONDUCT- SECTION II- 4.4 and 4.6
Statement of Truth The defendant believes that the facts stated in this defence are true

Hello Jack,

The last para is inappropriate, letting the claimant have unlimited time to recover or reconstitute documents is to say the least unwise.

Tidy up para to and index each part eg.

2. The particulars claim mentions the following documents:

2.(a) and so on blocks of texts are not easy to read and a judge might miss a point.

Lose the italics.

I suspect they claimant/solicitor will finally realise that the account was a " service contract " and not regulated by CCA 1974.
Also that a section 87 Default Notice is not required some hurried change from Lowell.

Also para 1. needs adjusting take a look at the templates in the green box at the top of the " court claim" forum use that format all the way through it will make it easier to read clarity is important!


nem

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

Hello Jack,

The last para is inappropriate, letting the claimant have unlimited time to recover or reconstitute documents is to say the least unwise.

Tidy up para to and index each part eg.

2. The particulars claim mentions the following documents:

2.(a) and so on blocks of texts are not easy to read and a judge might miss a point.

Lose the italics.

I suspect they claimant/solicitor will finally realise that the account was a " service contract " and not regulated by CCA 1974.
Also that a section 87 Default Notice is not required some hurried change from Lowell.

Also para 1. needs adjusting take a look at the templates in the green box at the top of the " court claim" forum use that format all the way through it will make it easier to read clarity is important!


nem

many thanks guys just revamped my defence again,using example template ,.. what do think.....

I AM GOING TO KEEP IT SIMPLE AND NOW GOING TO USE THIS DEFENCE
INTEND TO FILE ON 3/2/2017
How does it look?


-----------------------------------------------------------------------------------------------
1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford]County Court on [Date you received the claim]

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

3: This claim appears / states to be for an 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.

5. The particulars of claim fail to state when the agreement was entered into.
The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim.

6. The Claimants statement of case states that the account was assigned from EVERYTHTING EVERYWHERE LIMITED to LOWELL PORTFOLIO 1 LIMITED on 28/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that EVERYTHING EVERYWHERE LIMITED or LOWELL PORTFOLIO 1 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 18/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the executed agreement regulated by the consumer credit act 1974 for the account, Default Notice and Notice of Assignment] .

9. Claimant's Solicitor has not sent any of these documents to me.

10. On the 18/01/2017 I sent a formal request for a copy of the credit agreement relating to this claim pursuant to the Consumer Credit Act 1974 along with the statutory £1 fee. To the claimant

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), but they have declined. They have failed to produce the relevant documentation to evidence their claim.

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

[nemesis45]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

many thanks guys just revamped my defence again,using example template ,.. what do think.....

I AM GOING TO KEEP IT SIMPLE AND NOW GOING TO USE THIS DEFENCE
INTEND TO FILE ON 3/2/2017
How does it look?


-----------------------------------------------------------------------------------------------
1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford]County Court on [Date you received the claim]

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

3: This claim appears / states to be for an 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.

5. The particulars of claim fail to state when the agreement was entered into.
The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim.

6. The Claimants statement of case states that the account was assigned from EVERYTHTING EVERYWHERE LIMITED to LOWELL PORTFOLIO 1 LIMITED on 28/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that EVERYTHING EVERYWHERE LIMITED or LOWELL PORTFOLIO 1 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 18/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the executed agreement regulated by the consumer credit act 1974 for the account, Default Notice and Notice of Assignment] .

9. Claimant's Solicitor has not sent any of these documents to me.

10. On the 18/01/2017 I sent a formal request for a copy of the credit agreement relating to this claim pursuant to the Consumer Credit Act 1974 along with the statutory £1 fee. To the claimant

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), but they have declined. They have failed to produce the relevant documentation to evidence their claim.

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

Hello Jack.

You sent a CCA Request to Lowell did you not? Was there any response to it?

nem

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

Hello Jack.

You sent a CCA Request to Lowell did you not? Was there any response to it?

nem

I SENT CCA RQUEST TO LOWELL ON 18/1/2017.... NOT HAD A REPLY AS YET
( I think my last day to file defence is monday 6 /2/2017 that would leave them 19 days from 18/01/17 to reply to CCA request)

need to work dates out, issue date of claim 9/1/2017, hope this helps, many thanks.... jack

[nemesis45]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

I SENT CCA RQUEST TO LOWELL ON 18/1/2017.... NOT HAD A REPLY AS YET
( I think my last day to file defence is monday 6 /2/2017 that would leave them 19 days from 18/01/17 to reply to CCA request)

need to work dates out, issue date of claim 9/1/2017, hope this helps, many thanks.... jack

Good morning Jack,

If they have not replied in any way with the CCA request, add it to the defence.-

X, On date I sent a request under the provisions of sct. 77/78/79 of the Consumer Credit Act 1974 with the £1.00 statutory fee.

X. (a) Lowell has not complied with the request and therefore is unable to enforce the debt.

nem

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

Good morning Jack,

If they have not replied in any way with the CCA request, add it to the defence.-

X, On date I sent a request under the provisions of sct. 77/78/79 of the Consumer Credit Act 1974 with the £1.00 statutory fee.

X. (a) Lowell has not complied with the request and therefore is unable to enforce the debt.

nem

LATEST UPDATE.......

Hi guys …………………………..THIS IS MY DEFENCE
INTEND TO FILE ON 7/2/2017 ( or should I wait to file on 11/2/17 last day according court,) (allows them time to comply with cca request, I sent request on 18/01/17 ) please check , How does it look? Does it need tweaking ?


-----------------------------------------------------------------------------------------------
1: I received the claim XXXXXXX from the County Court Business centre, Northampton NN1 2LH on 15 January 2017

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

3: This claim appears / states to be for an 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.

5. The particulars of claim fail to state when the agreement was entered into.
The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim.

6. The Claimants statement of case states that the account was assigned from EVERYTHTING EVERYWHERE LIMITED to LOWELL PORTFOLIO 1 LIMITED on 28/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that EVERYTHING EVERYWHERE LIMITED or LOWELL PORTFOLIO 1 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 18/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the executed agreement regulated by the consumer credit act 1974 for the account, Default Notice and Notice of Assignment] .

9. Claimant's Solicitor has not sent any of these documents to me.

10. On the 18/01/2017 ,I sent a request to the claimant, Lowell Portfolio 1 Ltd under the provisions of sections. 77/78/79 of the Consumer Credit Act 1974 with the £1.00 statutory fee.

11. The claimant, Lowell Portfolio 1 Ltd, has not complied with the request and therefore is unable to enforce the debt

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. They have failed to produce the relevant documentation to evidence their claim.

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

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

HI GUYS MY DEFENCE AS FOLLOWS (going to submit on-line this friday morning 10/2/2017
HOW does it look? does it need to be tweaked, not sure about paragraphs 8 and 12. I think the rest of it looks to be ok....
once again, many thanks.




1: I received the claim XXXXXXX from the County Court Business centre, Northampton NN1 2LH on 15 January 2017

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

3: This claim appears / states to be for an 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.

5. The particulars of claim fail to state when the agreement was entered into.
The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim.

6. The Claimants statement of case states that the account was assigned from EVERYTHING EVERYWHERE LIMITED to LOWELL PORTFOLIO 1 LIMITED on 28/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that LOWELL PORTFOLIO 1 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 18/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the executed agreement regulated by the consumer credit act 1974 for the account, Default Notice and Notice of Assignment] .

9. Claimant's Solicitor has not sent any of these documents to me.

10. On the 18/01/2017 ,I sent a request to the claimant, Lowell Portfolio 1 Ltd under the provisions of sections. 77/78/79 of the Consumer Credit Act 1974 with the £1.00 statutory fee.

11. The claimant, Lowell Portfolio 1 Ltd, has not complied with the request and therefore is unable to enforce the debt

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. They have failed to produce the relevant documentation to evidence their claim.

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

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

HI GUYS MY DEFENCE AS FOLLOWS (going to submit on-line this friday morning 10/2/2017
HOW does it look? does it need to be tweaked, not sure about paragraphs 8 and 12. I think the rest of it looks to be ok....
once again, many thanks.




1: I received the claim XXXXXXX from the County Court Business centre, Northampton NN1 2LH on 15 January 2017

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

3: This claim appears / states to be for an 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.

5. The particulars of claim fail to state when the agreement was entered into.
The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim.

6. The Claimants statement of case states that the account was assigned from EVERYTHING EVERYWHERE LIMITED to LOWELL PORTFOLIO 1 LIMITED on 28/11/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that LOWELL PORTFOLIO 1 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 18/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the executed agreement regulated by the consumer credit act 1974 for the account, Default Notice and Notice of Assignment] .

9. Claimant's Solicitor has not sent any of these documents to me.

10. On the 18/01/2017 ,I sent a request to the claimant, Lowell Portfolio 1 Ltd under the provisions of sections. 77/78/79 of the Consumer Credit Act 1974 with the £1.00 statutory fee.

11. The claimant, Lowell Portfolio 1 Ltd, has not complied with the request and therefore is unable to enforce the debt

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. They have failed to produce the relevant documentation to evidence their claim.

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

UPDATE
I have submitted defence today 9/2/17
WHAT HAPPENS NEXT , I WONDER ?
any way many many thanks to you all for your excellent advice and help,much appreciated.. SWANSEA JACK

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

UPDATE
I have submitted defence today 9/2/17
WHAT HAPPENS NEXT , I WONDER ?
any way many many thanks to you all for your excellent advice and help,much appreciated.. SWANSEA JACK

LATEST " STAYED BY COURT "
Just had this back from court is this a " good thing "?

what next ?

[Diana M]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

LATEST " STAYED BY COURT "
Just had this back from court is this a " good thing "?

Did you get a letter from the court saying the claim was "stayed" or did it say that the claim was now defended and they'd sent a copy of your Defence to the Claimant telling them that they (Claimant) have 28 days to inform the court if they intend to continue with the proceedings or the claim would then become stayed?

You only filed your Defence last Friday according to this thread.

Di

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

LATEST " STAYED BY COURT "
Just had this back from court is this a " good thing "?

what next ?

- - - Updated - - -

what NEXT ?

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

- - - Updated - - -

what NEXT ?

looks to be a " 28 DAY " I am still none this wiser, what does all this mean ?

[Diana M]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

- - - Updated - - -

what NEXT ?

I can't open that document you've uploaded.

Di

[swansea jack]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

HI GUYS ,can you have a look over this lot, i need to work out my next move,... many thanks

[charitynjw]

Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

I can open the 2 BWL letters, but the court one is just a black screen with a tiny white square in the middle of it (a bit like switching off a telly, back in the day! )