not sure how to write a defence for statute barred against lowell portfolio

[kriscatt]

Hi,
I have received a county court business centre letter dated 18th March for a debt lowell portfolio bought of orange in 2012 (according to them) the debt/dispute i had with orange was back in 2009 and i last spoke to them about it in November 2009.

so i believe it is there for statue barred as over 6 years i have follow the step outlined on this site ie

Send A CCA REQUEST to the CLAIMANT
Send a CPR request to the CLAIMANT'S SOLICITORS

and now need to put in my defence to the court pls could anyone help advise me what this should be?

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

Hi and welcome to LegalBeagles

Here is a link to an example defence guide:

http://legalbeagles.info/forums/show...t-Court-Claims

But your defence needs to be based around s5 Limitation Act 1980 under which this debt is time barred. There are a few recent examples in the court claim area.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

ok im , is that all i need then ? i cant find anyone on hear that has a similair story thats all and i cant get a ccj as it will affect my work very badley

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

Have a read of this thread:

http://www.legalbeagles.info/forums/...statute-barred!

Yours is a telecoms contract though so will need personalising.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

received a letter yesterday saying

We have received your letter in relation to your request for document and i have notified our client lowell portfolio of this request. please note that our client has given us a minimum period of of time of 45 days from the date of your request to send you the documents you require. we have notified the court of this agreed extension of time which will also provide you with enough time to prepare a defence.

please note that this debt is not statute barred as the default date is 17th june 2010

kind regards
alistair thackray
from Cohencramer solicitors

i know for a fact i was out of the country in austalia between jan 2010 and july 2010 and it was months before that when my phone contract ran out and i refused to pay orange because they had changed my tariff without tellin me because my contract had come to its end and indeed of my usual 35 quid a month bill i got a 250 pound bill so i cancelled my contract in november 2009. (kind of a different legal matter )but how can i find out if this is true what they say as there is no point putting in a statute barred defence if its somehow not statute barred.???

[charitynjw]

Re: not sure how to write a defence for statute barred against lowell portfolio

Hi,
I have received a county court business centre letter dated 18th March for a debt lowell portfolio bought of orange in 2012 (according to them) the debt/dispute i had with orange was back in 2009 and i last spoke to them about it in November 2009.

so i believe it is there for statue barred as over 6 years i have follow the step outlined on this site ie

Send A CCA REQUEST to the CLAIMANT
Send a CPR request to the CLAIMANT'S SOLICITORS

and now need to put in my defence to the court pls could anyone help advise me what this should be?

Have you acknowledged the court claim as per the instructions accompanying the claim pack?

Also, take no notice of their solicitor's 'kind' instructions; you should notify the court of the extension letter, but as the normal time allowed is 28 days, it doesn't seem to be of much use (other than to lull you into a false sense of security, giving them the chance of obtaining a default judgment).

Your defence will need to be filed at court latest 20th April unless the extension is approved.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

yes i have

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

Yes, the debt is still time barred, the relevant date is last payment/acknowledgement of intent to pay. NOT the default date on your credit file. (which is when the Orange got round to recording the default on your credit file, which according to the ICO should be 3-6 months after last payment)
So ignore Alistair!

You also need to check with the court that an extension has been filed.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

logged onto money claim online there is no sign of any extension , should i assume that it is still 28 days

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

You'd actually have to go through the pain of speaking to their telephone 'helpline'. Plus the court works 10 days in arrears, so maybe best asking Cohen Cramer for proof of written notification to court; which they should have sent you anyway, clearly they lack manners.

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

ok so im going to put a defence in as ive got no where with the claimant, solicitor or court.

does anyone have a defence template for a statute barred account?

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

thanks yes ive not recived any doc from them and the court has confirm they had no extension either
i have a defence mocked up but it doent mesion statute barred which io feel is probabliy just as important as the fact they have not supplied me with any prove of an agreement

- - - Updated - - -

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: C3GK532T

BETWEEN
Lowell Portfolio 1 LTD
CLAIMANT
-and-
Kristopher Cattaneo
DEFENDANT

Defence

1: I received the claim C3GK532T from the Northampton County Court on 18^th March 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 Mobile Phone agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with Lowell Portfolio 1 LTD 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 Orange to Lowell Portfolio 1 LTD on 30^th March 2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Orange 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 [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Cohen Cramer Solicitors has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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). 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.

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

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

ive not recived any doc from them and the court has confirm they had no extension either
i have a defence mocked up but it doent mesion statute barred which io feel is probabliy just as important as the fact they have not supplied me with any prove of an agreement

- - - Updated - - -

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: C3GK532T

BETWEEN
Lowell Portfolio 1 LTD
CLAIMANT
-and-
Kristopher Cattaneo
DEFENDANT

Defence

1: I received the claim C3GK532T from the Northampton County Court on 18^th March 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 Mobile Phone agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with Lowell Portfolio 1 LTD 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 Orange to Lowell Portfolio 1 LTD on 30^th March 2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Orange 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 [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Cohen Cramer Solicitors has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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). 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.

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

[kriscatt]

Re: not sure how to write a defence for statute barred against lowell portfolio

any idea anyone ?

ive not recived any doc from them and the court has confirm they had no extension either
i have a defence mocked up but it doent mesion statute barred which io feel is probabliy just as important as the fact they have not supplied me with any prove of an agreement

- - - Updated - - -

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: C3GK532T

BETWEEN
Lowell Portfolio 1 LTD
CLAIMANT
-and-
Kristopher Cattaneo
DEFENDANT

Defence

1: I received the claim C3GK532T from the Northampton County Court on 18^th March 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 Mobile Phone agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with Lowell Portfolio 1 LTD 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 Orange to Lowell Portfolio 1 LTD on 30^th March 2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Orange 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 [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Cohen Cramer Solicitors has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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). 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.

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

[Celestine]

Re: not sure how to write a defence for statute barred against lowell portfolio

Ok, all looks ok BUT lacks any mention of:

"despite the lack of supplied documentation by the Claimant, I am able to ascertain that this account is time barred under The Limitation Act 1980 as no payment or acknowledgment has been made for over six years."

This is the central pillar of your defence, so should be very prominent. It will now be up to the Claimant to prove it is not time barred.