Lowell/? claimform - cat 'debt' - not mine.

[AndyOrch]

" would this be suitable as no paperwork has ever been received or shown: "

 

No.....does it resemble at all anything you have looked at over the last 2 days on the standard holding defence?

 

Andy

[Naxxas]

my bad i misread; how about this.

 

What is the claim for –

 

1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant

under a home shopping agreement regulated by the consumer credit act 1974,

between the defendant and jd williams and co limited. under acct ref xxxxx

 

2. and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant.

 

3.the defendant failed to maintain 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 section 69 of the county courts act 1984

at a rate of 8% pa a daily rate of 8p from the date of the assignment of the agreement

to 31st march 2015 being an amount of £29.28.

 

What is the value of the claim? £473.90

 

 

 

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.

 

Paragraph 1 is denied in the particulars of claim. I am not aware of any such home shopping agreement and deny entering into such agreement.

 

Paragraph 2 is denied.I am not aware of any assignment pursuant to the Law of Property Act 1925.

 

Paragraph 3 is denied.I am not aware of receiving a Default Notice nor would be the claimant as an assignee of a debt be aware of either.

I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

 

Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made.

The requests were sent on 27th May 2016 by Recorded Delivery Post. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

As per civil procedures Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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

 

It is denied with regards to the Defendant owing any alleged monies to Lowell Portfolio.

 

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

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

 

8.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 June 1, 2016 by Andyorch
Particulars added ..defence tweaked.

[AndyOrch]

Its correct now...just a few edits .

 

Regards

 

Andy

[Naxxas]

Its correct now...just a few edits .

 

Regards

 

Andy

 

should i include the part on red, even though the poc will be visible to the court? is this just makng it simple for them to see my defence?

[dx100uk]

the red is our ref for you to align paragraphs properly

[Naxxas]

the red is our ref for you to align paragraphs properly

 

Lowells have responded saying that their client intends to proceed and have notified the court, so what happens now.

.. They have none of what I've asked for at all, and have failed to produced anything against my defence.

[martin2006]

Let them proceed but without the paperwork they arent getting very far and it will cost them to proceed further

[Bazooka Boo]

Lowlifes are hoping you'll fold and give in, wait for any court docs to materialise.

[Naxxas]

We've received the Notice of Proposed Allocation to the Small Claims Track today, We must by 5th August complete the Small Claims Directions Questionnaire and file it with the court office.

 

How do we reply? There's no mediation, they don't have the paperwork.

[dx100uk]

Use our search cag box of the red top toolbar

Lots of dq's here already

[martin2006]

If one wasnt supplied from the court with the allocation pack, download a form N180 and complete it, always agree to mediation, the rest is self explanatory.

 

When mediation get in touch you will be asked 3 questions, if the answer to any of them is no then mediation will fail.

 

As above, read like threads and it will all become crystal clear

[dx100uk]

they have the pack already

just nothing from the claimant re CCA/CPR.

 

 

did you ever go and check your credit file

just to be sure

it might throw a light?

 

 

we've known various dca phone jockeys to wrongly change an account name

to the spouse before

if you get what I mean