Lowell taking me to court for CCJ. Statue barred couple of days ago

[emily84]

Hi I hope someone can help. I am defending a claim from Lowell for a CCJ. I sent my defense and the court responded by asking lowell to send them and myself copies of the agreement relied upon plus any default notice and a copy of the account. Other wise the the claim will get struck out. Lowell have sent me a print out of stuff I apparently bought from JD WILLIAMS and a letter they apparently sent me to say they bought the debt off JD. Can I still defend this? Shouldn't there be a credit agreement. Also there was one payment made on the account on 10/01/2011 so should the debt should now be statue barred? Can I use that in court? Thank you for your help.

[charitynjw]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi emily84 & welcome to LB.

Could you post up a copy of the court 'response' letter? (or type the instructions verbatim, & was it a Notice of Allocation?).

It is unlikely to be statute barred, as the claim was in all probability issued before the 6 years was up.
This will 'freeze' the SB 'clock'.

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi, Thank you for your reply I will try and up load it now.
Thank you

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

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[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi, I have just posted what I have received from Lowell and the court. Do you think i can still defend the claim? Thank you for all your help.

Regards Emily

[nemesis45]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi, I have just posted what I have received from Lowell and the court. Do you think i can still defend the claim? Thank you for all your help.

Regards Emily

Good morning Emily

Have you received the documents that the judge order them to send? Most importantly the Agreement.
Check with court to see if Lowell has filed the documents as ordered.

nem

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Morning Nem,

Everything I have received Of Lowells since the judge asked them to send prove is what I have posted above, which is just a print out of item made on the JD WILLIAMS account and a letter to say they bought the debt. I'm not sure if this is what the judge asked for all not? I think I will just ring up the court and ask.

Regards Emily

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Have just spoken to the court they haven't received anything from Lowells yet. The lady did say it might not of been logged yet and couldn't advise me on what to do next apart from get legal advice.

Kind regards Emily

[nemesis45]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Have just spoken to the court they haven't received anything from Lowells yet. The lady did say it might not of been logged yet and couldn't advise me on what to do next apart from get legal advice.

Kind regards Emily

Well they had until the 4th of Jan long enough I think!

You have to file a full defence by 4pm tomorrow so did you tell the lady at this court about this.
I would e-mail the court and state that no agreement has been produced and Lowell has failed to comply with the judges order.

It might stir the court into looking a the case mores closely.

nem

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi,

Yes told the lady this on the phone she just said get legal advice. Is there a template defence letter I can use? Will email the court now. Thank you for all your help.

Regards Emily

[nemesis45]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi,

Yes told the lady this on the phone she just said get legal advice. Is there a template defence letter I can use? Will email the court now. Thank you for all your help.

Regards Emily

Hello Emily.

Defence templates are in the green box at the top of the " court claim " forum these are not " court ready " and have to be edited/amend to suit the individuals case.

Make a draft and post here then we can go through it with you.

nem

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Great thank you will do it as soon as I get in.

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

1: I received the claim xxxxxxx from the Northampton County Court on 30/09/2016

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered intoan agreement with JD WILLIAMS or Lowell 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 JD WILLIAMS to Lowell on 20/12/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that JD WILLIAMS 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 3/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

9. Lowell Solicitor has not sent any of these documents to me..

10. On the 3/10/2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with 78 Consumer Credit Act 1974 and by virtue of 78 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 .................................................. ....

[emily84]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

Hi, Is this any good not really sure what i'm doing? Thank you

[nemesis45]

Re: Lowell taking me to court for CCJ. Statue barred couple of days ago

1: I received the claim xxxxxxx from the Northampton County Court on 30/09/2016

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered intoan agreement with JD WILLIAMS or Lowell 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 JD WILLIAMS to Lowell on 20/12/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that JD WILLIAMS 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 3/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

9. Lowell Solicitor has not sent any of these documents to me..

10. On the 3/10/2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with 78 Consumer Credit Act 1974 and by virtue of 78 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 .................................................. ....

Looks good to me!