lowells/? claimform - old 'very' CAT 'debt'

[Vonnie26]

Hi do I defend even though I have not received the requested documentation from lowells yet or do I ask for more time?

[shamrocker]

You defend all....keep strictly to the deadlines too.

[martin2006]

Yes absolutely do not miss your defence filing deadline, if you receive nothing from either the cca request or cpr request then you shoukd be looking for a no paperwork/holding defence.

Make it correspond to the PoC on the claimform tho, you cant just copy paste and send, post it up for review when you have amended it for your case

[Vonnie26]

ok thanks, I am sorry for appearing so silly but I basically dont know where to start

[AndyOrch]

ok thanks, I am sorry for appearing so silly but I basically dont know where to start

 

Here.....

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[Vonnie26]

Here.....

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

thanks

[shamrocker]

Here's a specific example - http://www.consumeractiongroup.co.uk/forum/showthread.php?460874-HPH2-Cohen-Claim-Form-barclaycard-debt-***Claim-Discontinued***&p=4882673&viewfull=1#post4882673

 

Read through it and try to get your head around how it pushes the onus onto the claimant to actually substantiate their claim with evidence. Many of these type of claims will have gaps in their paperwork, which we expose later in the claim process.

 

The example above can, for the most part, be adapted to suit your defence.

[Vonnie26]

I am drafting my defnce but I am unsure of what to argue based on the fact I do not remeber if default notice or letter of assignment sent,

 

Also as the debt was being paid at a rate of £20 per month I am unsure whether I can dispute any of it?

[AndyOrch]

I am drafting my defnce but I am unsure of what to argue based on the fact I do not remeber if default notice or letter of assignment sent,Then simply state you are unsure and do not recall

 

Also as the debt was being paid at a rate of £20 per month I am unsure whether I can dispute any of it?

Who to ? Lowells ?

 

Andy

[Vonnie26]

Who to ? Lowells ?

 

Andy

 

 

well Bryan Carter solicitors which I think was part of Lowells

[AndyOrch]

Not part of...just acting and chasing/collecting.

[Vonnie26]

Hi I have used the above example and adjusted it for my defence. I have mostly copied and pasted and filled in with own details (is this ok?) as reading through it I think it fits quite well with my defence.

 

 

The defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account ref no xxxxxxx

 

2. The defendant failed to maintain the required payments and a default notice was served and not complied with

 

3. The agreement was later assigned to the claimant on 6/12/2013 andnotice given to the defendant

 

4 d spite repeated requests for payment the sum of 5484.47 remains due and outstanding

 

And the claimant claims a.

The said sum of 5484.47 b. Interest pursuant to s69 county courts act 1984 at the rate of 8 per cent per annum from the date of assignment to the date of issue accruing at a daily rate of 1202 but limited to one year, being 438.76 c. Costs

 

 

 

1 The Defendant contends that the particulars of claim are vague and generic in nature.

 

the Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with VERY (Shop direct) but do not recognise this specific amount claimed for the outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. Paragraph 3 is denied I cannot recall being served with a Default Notice pursuant to the consumer credit Act 1974

 

 

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, this up until filing defence has not been recieved although there is still time for the claimants Lowells to send this request but for now they remain in Default of said s78 request

 

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied up until the date defence

 

7. It is therefore not accepted 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 and;

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

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as 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 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

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

Edited August 18, 2016 by dx100uk
POC inserted

[martin2006]

Could you post the PoC as it is on the claimform please vonnie so the defence can be properly checked

[Vonnie26]

Could you post the PoC as it is on the claimform please vonnie so the defence can be properly checked

 

Hi I have in the first few posts

[martin2006]

Sorry vinnie i meant so it can be easily referenced without having to keep jumping back a few pages to check each bit, if you post the poc followed by the draft defence it makes it much easier for the team to check

[dx100uk]

poc inserted in post above

[martin2006]

thanks dx, just jumped on the pc to do that for OP but you beat me to it

[martin2006]

your paragraphs 3 and 4 need to correctly correspond to the paragraphs in the PoC

[Vonnie26]

thanks Martin, dont know how to edit post, but basically its just jigging the paragraphs around which I shall do when filing defence, thankyou

[dx100uk]

copy and paste post 37 here again and change it.

 

 

needs to be checked by andyorch

[Vonnie26]

poc

 

1.The defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account ref no xxxxxxx

 

2. The defendant failed to maintain the required payments and a default notice was served and not complied with

 

3. The agreement was later assigned to the claimant on 6/12/2013 andnotice given to the defendant

 

4 d spite repeated requests for payment the sum of 5484.47 remains due and outstanding

 

And the claimant claims a.

The said sum of 5484.47 b. Interest pursuant to s69 county courts act 1984 at the rate of 8 per cent per annum from the date of assignment to the date of issue accruing at a daily rate of 1202 but limited to one year, being 438.76 c. Costs

DEFENCE

>>>>>>>>

 

 

The Defendant contends that the particulars of claim are vague and generic in nature.

 

the Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with VERY (Shop direct) but do not recognise this specific amount claimed for the outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied I cannot recall being served with a Default Notice pursuant to the consumer credit Act 1974

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

 

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, this up until filing defence has not been recieved although there is still time for the claimants Lowells to send this request but for now they remain in Default of said s78 request

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied up until the date defence

7. It is therefore not accepted 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 and;

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

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

 

8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as 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 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

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

[dx100uk]

ditch the blue bits

add in the date they were sent and by which postal method

[Vonnie26]

ditch the blue bits

add in the date they were sent and by which postal method

 

thanks, what time tomorrow is the cut of for the defence? I work nights so will not file until tomorrow

[dx100uk]

post 12

[Vonnie26]

ok, its says September but I take it you meant August