Lowell/Overdales - PAPLOC Now Claimform - 2x Old Shop Direct Isme/Very Cat debts

[AndyOrch]

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onlycase I have is that Overdales haven't sent me the S78 proof showing that I owe it as per my request. wouldthis make a difference to the court?

 

Being in default of a CCA request and unable to comply the claimant is unable to enforce the agreement by law.....so yes it will make a difference and so you must defend the whole claim.

 

Andy

[AndyOrch]

I'm not surprised you cant input the defence on line more repeats than the BBC 

 

The following is an example of a standard holding defence to be input on line. (No headers no statement of truth no repeating the claimants particulars.

 

Defence

 

The Defendant contends that the particulars of claim vague and are 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 has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxx.00 is owed under a regulated consumer credit account under reference with JD Williams. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice or termination notice; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. 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.

9. 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]

Yours is a catalogue debt so the Consumer Credit Act 1974 still applies section 77 is normally used for this type of debt as its normally a fixed amount....but referring to section 78 will not do any harm. 

 

Its a standard holding defence which is tried and tested..this is only your initial defence so should the claimant wish to proceed on receipt of the above you will have chance to submit a further witness statement in which you can expand and particularise.

[AndyOrch]

 

MCOL send a copy of the defence to the claimant./Sols

 

The reasons for defending the claim are quite clearly spelled out in your defence.....you are putting them to strict proof to disclose the necessary paperwork required to legally sue you.

 

Pity you didn't post a copy of your final draft before submitting lets hope it was correct.

 

Andy

[AndyOrch]

But does it contain the main documents...required to support their claim ?  (agreement /default notice/ notice of assignment)

The rest are really immaterial and used to pad their claim. 

[AndyOrch]

Scan redact and upload the agreement please.

[AndyOrch]

 

[AndyOrch]

43 minutes ago, finaldj said:

Thanks, I'm going to sort the N180 form over the weekend

 

With regards to post #43 is that what a notice of assignment looks like? I just want to clarify that's what it is before I speak with the mediator.

 

Of a fashion....very loosely 

 

 

 

. 

[AndyOrch]

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I am assuming I would be filling this in saying I agree to a telephone hearing?

 

Yes if you are also happy....if not state local county court with name. The court may decide it will be a telephone hearing irrespective due to back log workload so the decision is then made for you.

 

 

 

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[AndyOrch]

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DQ sent to you on 24/02/2022

DQ filed by claimant on 24/02/2022

You filed a DQ on 04/04/2022

 

Why did you file your DQ seven weeks after receipt ? 

[AndyOrch]

  Still contact your local county court and inquire that you have yet to receive a Notice of Allocation n157.

[AndyOrch]

You wouldn't be pushing for a court hearing , you could be missing important information and risking your defence being struck out.Hence the need to inquire.

 

This is the important part of your post and why I advise you to check it.....

 

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Your claim was transferred to LEEDS on 29/04/2022

 

Once the above happens the claim is now live and is proceeding to a hearing. Say for example they sent you the Notice of Allocation 5 weeks ago and it never arrived and the hearing is next week and you should have submitted a statement by last week...you wouldn't be any the wiser.

You will lose because you didn't comply with the directions.

 

Check with Leeds CC

[AndyOrch]

Just ask if a Notice of Allocation (N157) has been processed and if so has it been sent to you...if so you have not received it and ask for a further copy .....if not don't worry that's Leeds CC problem

[AndyOrch]

Check with the court to see if they filed it and not served you..if not filed it at all then you can request that a note be put on the file that the claimant has failed to comply with directions and ask that sanctions be imposed.

 

As we get nearer to the hearing date and they still do not file or serve you you can submit a supplemental witness statement to request that the claimant be barred from relying on any written evidence...and sanctioned.

The court will decide what is fit most probably strike out the claim.

 

Andy