thanks seklof

there is no contract as such the order was placed by email they have presented a copy of terms and conditions but these was not seen at the time of order, not signed.. The terms and conditions to say formed with UK law

Hi All, its been a while, but i have a question i need answering. A Spanish Company have supplied goods to a uk company a sole trader, the company is spanish and has a spanish address. They have a uk agent who acts for them as an individual and works on commision. The Agent has issued a claim against the uk company sole trader via MCOL for non-payment of invoice, the reason it was not paid was the items supplied were at fault and the UK agent refused to accept a return. The agent has issued on behalf of the spanish company although the company who is owed the funds is a spanish entity. how does Juristiction stand? should they be using the european money order route? On The POC the Agent lists the name of the spanish company not his own name. can this get this struck out?

thanks Andy, at what stage do i mention the debt is statued Barred? surely this will put a stop to this? they have sent me out a different default notice to the original one served? still no agreement also.

Hi Guys Just to update you all I have been asked to do mediation on the telephone i have to call and make an appointment, just wanted to ask how should i handle this and what to expect, do i mention at this point that the debt is statued barred? thanks

Thanks andy

Hi Ganymede, thanks for getting involved I has not made a payment or anything probably 4-5 months before the default notice, I had sent the usual cca request, so this is definately stat barred.

Thanks for the reply andy, I did not mention this in the defence I submitted a defence saying I could not defend because I had not received and docs basically a embarresed holding defence since then I'd been sent a copy of another default notice dated 2010, I'd since realised this is statued barred, shall I state this when I complete my witness statement. Do you think I should write to the court ?

thanks for replying Andy, you seem to be the only person on the whole of CAG these days...you must be a very busy person. the Claim was Stat barred at the time the claim was issued i hold a copy of the original default notice issued July 2008. thanks

Can anyone help here it seems no one is around anymore This used to be a good helpful place a few years back Anyone was happy to help each other out.

bump????

is this Statue Barred now, would a polite letter to the court resolve this?

Hi guys received an allocation questionnaire today Any advice on filling this in? Can't believe they are taking it to court, can you advise Please guys thanks

Thanks mike, can understand how they can continue ?

Hi Andy, Just an update I got a letter today From BW saying that they are intending to continue, Can they do this they have not provided anything? Thanks

Thanks Andy, So Can i use this now as my defence

Thank Andy I appreciate it, im just in panic mode

http://www.consumeractiongroup.co.uk/forum/showthread.php?208997-Lowell-BW-Legal-V-Myself-help-have-now-issued-a-claim&p=4585576#post4585576

There used to be lots of chaps on here willing to help others in need??? Are any of you still about I need some help on my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?208997-Lowell-BW-Legal-V-Myself-help-have-now-issued-a-claim&p=4585576#post4585576 Thanks guys

To be perfectly honest Andy I am finding it very difficult, i can only try my best, a while back everyone on this forum was very helpful and helped out on the posts and helped each other, is it just be and you on here? i will have another look at at it, i haven't got much time left now and i would like to submit. I appreciate you getting involved on this, but need some guidance.

Hi Andy, heres what im going to send Particulars of Claim 1.The Claimants Claim is for the Sum of ******** being monies due from the defendant to the claimant under a financial services agreement regulated by the credit consumer act 1974 2. between the defendant and the consumer under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant. 3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest persuant to the section 69 of the county courts act1984 at a rate of 8% per anum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of ***** 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. 1. The Claimant/Solicitor has failed to disclose any original agreement on which its claim relies upon and is therefore in default and is denied in requesting relief. 2. The Claimant/Solicitor has failed to disclose any notice of legal assignment the claimant refers to within its particulars. 3. I am unaware of any Default Notice being served likewise any notice of legal assignment the claimant refers to within its particulars. 4. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 request. To date, a response has been received on 21/07/14 from BW Legal which advised they will contact me within 7 days. No reply has been forthcoming since then, also a request under section 78 was made and a reply from BW Legal and Lowell Portfolio 1 Ltd on 16/07/14 again said the documentation would be provided within 12 days, no reply has been forthcoming since then. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. 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. 3. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 and a section 78 request. To date, a response has been received on 05/07/14 from BW Legal which advised they will contact me within 12 days. No reply has been forthcoming since then. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. 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.

Thanks andy, Just seen it, they still have not produced anything, I will file this defence do you agree I'll change it around Again Do you think is ok?

can anyone help on this please? thanks

POC ISSUED: 3 JULY 2014 CLAIMANT: lOWELL PORTFOLIO ADDRESS FOR DOCS: BW LEGAL 1.The Claimants Claim is for the Sum of ******** being monies due from the defendant to the claimant under a financial services agreement regulated by the credit consumer act 1974 2. between the defendant and the consumer under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant. 3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest persuant to the section 69 of the county courts act1984 at a rate of 8% per anum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of ***** _________________________ _________________________ _________________________ So far 1. CPR REQUEST 31.14 sent on 8/7/14 To Solicitor 2. CCA Request sent on 8/7/14 to Lowell Reply Back from Solicitors on 16-7-14 Reads our client is in receipt of your request for documentation under sections 77(1) and 78(1) of the credit consumer act, we will seek to ensure that the information is provided witin 12 working days however this is contigent of receiving the documentation from the original creditor withing the formentioned timescale

Andy, This is the Defence I want to Submit is this ok? I think I do have original Default notice which is Defective though. 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. 1. The Claimant/Solicitor has failed to disclose any original agreement or statements under a s78 request on which its claim relies upon and is therefore in default and is denied in requesting relief. 2. I am unaware of any Default Notice being served likewise any notice of legal assignment the claimant refers to within its particulars. 3. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 and a section 78 request. To date, a response has been received on 05/07/14 from BW Legal which advised they will contact me within 12 days. No reply has been forthcoming since then. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 6. 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.