Lowell/BW Legal V Myself help have now issued a claim

[bh2362]

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

[bh2362]

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

[Andyorch]

Oops wrong paste

 

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 between the defendant and the consumer under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant.

 

2.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 pursuant to the section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of *****

 

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.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant nor ever been served with a Notice of Assignment.

 

2. . Paragraph 2 is not admitted with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant.

 

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 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.

[Andyorch]

Threads merged and defence tweaked...not sure who you are referring to bh but I have always advised on the majority of legal threads for the past 7 years.

You will note from the forum I tend to get a tad busy.

[bh2362]

Thank Andy I appreciate it, im just in panic mode

[bh2362]

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

[Andyorch]

As are most of the posters here bh...but you will just have to exercise a little patience.

[Andyorch]

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

 

Well its now CPR compliant...if you are happy with it then your good to go.

[bh2362]

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

[Old Cogger]

normal run of the mill for them, wait for next stage

[bh2362]

normal run of the mill for them, wait for next stage

Thanks mike, can understand how they can continue ?

[bh2362]

Thanks mike, can understand how they can continue ?

 

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

[Old Cogger]

contact Andy

[Andyorch]

N180 I assume...yes to mediation the rest is self explanatory......print 3 copies one to court/claimant/file.They should reciprocate and serve a copy on you.

[bh2362]

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

[bh2362]

bump????

[bh2362]

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.

[Andyorch]

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.

 

Apologies bh that you didn't receive a response for a whole 2 days...we do have our own lives to contend with.If the debt wasn't SB at the time the claim was issued then it will never become statute barred unless the claim is struck out or discontinued......the claim stops the clock on limitations.

 

Andy

[bh2362]

Apologies bh that you didn't receive a response for a whole 2 days...we do have our own lives to contend with.If the debt wasn't SB at the time the claim was issued then it will never become statute barred unless the claim is struck out or discontinued......the claim stops the clock on limitations.

 

Andy

 

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

[Andyorch]

Excellent well if you submitted a defence stating the same...then its for them to prove otherwise.

[bh2362]

Excellent well if you submitted a defence stating the same...then its for them to prove otherwise.

 

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 ?

[Andyorch]

The claim is dated 3rd July ...if a Default Note is dated July....its very doubtful the cause of action would deemed the same date...most probably October so you may be on a sticky wicket claiming Statute Barred...stand by the defence submitted.

 

Andy

[Ganymede]

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 ?

 

Sorry not read all the thread but regardless of the default date when was your last payment or written acknowledgement of your debt?

[bh2362]

Sorry not read all the thread but regardless of the default date when was your last payment or written acknowledgement of your debt?

 

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.

[Andyorch]

I would wait and see if they wish to proceed first...its not ideal to try to change your pleadings within a Witness Statement ...this really should be done by making application to amend your defence with permission of the claimant and court bh