Lowell/carter claimform - old Co-oP Loan

[wolfgang5]

Hi Andy,Today is my last date for filling my defence, I hope you have time to just give this a once over. iv spent many many hours reading your other defence letters and put this together

 

Particulars of Claim

 

1.This claims is for 8741.34 he amount due under an agreement between the original creditor and the defendant to provide finance and / or services and/ or goods.

 

2.This debt was assigned to/ purchased by lowell portfolio 1 ltd on the 08/01/2013 and notice served pursuant to the law of property act 1925.

 

particulars

Re: Co-operative Bank

A/C no : 00000000000000

 

And the Claimant claims 8741.34

 

3.The claimant also claims interest pursuant to S69 county court act 1984 from 08/01/2013 to date at 8% per annum amounting to 871.31

 

My Defence

 

 

1.It is accepted that I have had financial dealings with Co-operative bank in the past but have no recollection of the account details.It is therefore denied and the claimant be ordered to disclose evidence of any alleged outstanding balance.

 

2.I am not aware of any Assignment of any alleged debt nor have I ever received any Notice of Assignment pursuant to the law of property act 1925.

 

3.The claimant is denied section 69 interest to the value of £ 871.31 which they have included within the alleged debt it has yet to be judged and is at the discretion of the court to allow any interest.

4. On the 15th April 2014 ( signed for by solicitor on 16 th April) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 77/78 request. The claimant has declined to respond to that request and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement.

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be spurious and without merit.

 

6. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the consumer crediticon Act 1974.

 

9. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

 

10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

do i need to do any more, I await your advice Andy.If this is ok do i just leave it at that ,

 

regards

 

Wolfy

Edited May 12, 2014 by wolfgang5
amendments in red

[wolfgang5]

Hi CAG guy's,

I know most people are at work right now but was wondering if any of you experts at this sort of thing could look at my above claim and defence . I know I'm last minute, it's to be in today but iv just kept redoing it over and over when reading more threads that seemed more related.

 

PLEASE HELP

[AndyOrch]

If you could clarify WG the section 69 interest...its an important point that needs addressing within your defence.

 

Andy

[wolfgang5]

Hi Andy, What do you need me to clarify, what's WG

[wolfgang5]

Is this what your refering to, This on the other side, the Amount claimed

Amount claimed 9613.07

court fee. 190.00

solicitor costs 100.00

total amount 9903.07

[AndyOrch]

WG =Wolfgang

 

This is what I'm unsure of...have they claimed it or just shown it ?

 

3.The claimant also claims interest pursuant to S69 county court act 1984 from 08/01/2013 to date at 8% per annum amounting to 871.31

[AndyOrch]

Yes they have :-

 

8741.34 + 871.31 + court fee. 190.00

solicitor costs 100.00

total amount 9903.07

[AndyOrch]

Amendments in red if you are in agreement.

 

Regards

 

Andy

[wolfgang5]

is it ok then.are they right to add that before its gone to court. What do i do now ? Does my defence cover enough

 

 

Do i just copy and past the defence i put in above or am i needing to change anything, Im really panicing now

Edited May 12, 2014 by wolfgang5

[AndyOrch]

See post #26

[wolfgang5]

thank you so much Andy. do i just copy and past that now. sorry in no kids at home to help me with IT stuff, in a compleat novice

[AndyOrch]

Yes but only if you are in agreement with my amendments...if you did have knowledge of the debt then you must remove that sentence.

 

Copy and paste into MCOL and print your receipt off as proof of submission.

[wolfgang5]

IT wont post , it say no icons !!!!! ive took them out and still wont move on say icons

[AndyOrch]

My Defence

 

 

1.It is accepted that I have had financial dealings with Co-operative bank in the past but have no recollection of the account details.It is therefore denied and the claimant be ordered to disclose evidence of any alleged outstanding balance.

 

2.I am not aware of any Assignment of any alleged debt nor have I ever received any Notice of Assignment pursuant to the law of property act 1925.

 

3.The claimant is denied section 69 interest to the value of £ 871.31 which they have included within the alleged debt it has yet to be judged and is at the discretion of the court to allow any interest.

 

4. On the 15th April 2014 ( signed for by solicitor on 16 th April) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 77/78 request. The claimant has declined to respond to that request and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement.

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be spurious and without merit.

 

6. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5.4, it is expected that the Claimant prove the allegation that the money is owed.

 

8. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 a of the consumer credit Act 1974.

 

9. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct practice directions.

 

10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Try the above

[wolfgang5]

iv done it. it shows on the MCOL form so i take it its done phew i can breath now i think !!. i do hope that its over. Andy your a star, i dont now how i would have got through that without you and this site. A MASSIVE MASSIVE THANKYOU

I will keep you posted as to happens next. i will be making a donation through the paypal.

 

kind regards to all

 

Wolfy

[AndyOrch]