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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lowells Capital One Court Claim


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Your defence is not due until Friday 1st Feb 2019.

 

Please read the following link and then copy and paste the Qs and your responses back here so we have all the information in one post.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**(1-Viewing)-nbsp

 

Andy

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33 days irrespective

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Defence requires work...their point 2 does not refer to assignment as your defence states ?

 

3. Paragraph 2 is denied I am unaware of any legal assignment or

Notice of Assignment allegedly served over 1 year ago.

 

Andy

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Its fine from point 4 onwards..its a defence I drafted many moons ago.

 

Your point 1 also requires attention...

 

Particulars of Claim

 

1) The Defendant opened a Capital One regulated consumer account under reference xx on 22/07/2011 (‘the Agreement’”

 

You need to respond to their point 2

 

2) In breach of the Agreement. The Defendant failed to maintain the required payments and the Agreement was terminated.

 

change your point 3 to read paragraph 3 is denied.

 

 

As I assume your submitting on line it does not require all the blurb at the bottom...finish at point 7

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Slight tweak to your point 2 ...as you have still not made a response to their point 2.

 

With regards to reclaiming charges from Capital One..thats a completely separate matter and has no connection to this thread.....please start a separate thread in the appropriate forum....which gives guidance on how to make claims.

 

 

Andy

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Well that dispute is with Capital One...not Lowells.

 

With regards to CPR/CCA...if you followed the instructions in the template then they must be correct

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  • 1 month later...

Yes to mediation

yes to small claims track

name you local county court the rest is self explanatory

 

Run 3 copies ...court /sol /file

Use the following and complete on screen...looks far more professional.

 

 

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1 witness to the facts ..thats you...no expert evidence.All defences are supported by a witness statement as evidence...your defence is just your initial response....your statement is the nitty gritty in your own words as to why you are defending the claim.

 

Lowell or Lowells Solicitors if they are named seperateon the claim form.

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