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Rightio, this is exceedingly rough, so you can see howt you can amend the defence to suit your situation. Just as a starting point xxx
3. I believe that this claim is for a purchase of a handset and for a airtime and data services agreement between myself and Vodafone regulated under the Consumer Credit Act 1974.
4. It is denied that any debt is owed to the Claimant, or to Vodafone.
5. The account was opened in February 2011.
6. The original agreement with Vodafone was a fixed price agreement payable over a fixed term of 24 months.
7. In [ date ] Vodafone breached the contract by changing the amount without notice and in breach of the fixed price contract.
8. Following a complaint to Vodafone, I cancelled the contract at this time due to the breach of contract and the handset was returned to the company.
9. I did not hear further from Vodafone until I received a letter from the Claimants on [date]
10. It is denied that any outstanding debt was owed to Vodafone.
11. I contend the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
12 .The Claimants statement of case states that the account was assigned from Vodafone to Lowell on 31/3/2014. The Defendant does not recall receiving notice of this assignment.
13.It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
14.To try and find out more information and obtain a copy of the original agreement and terms, on the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].
15.[Claimant’s Solicitor] has not sent any of these documents to me.
16.On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
17.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement. The Claimant denies that the Consumer Credit Act s 78 applies to the agreement, however as I purchased a Device on credit terms payable monthly over 24 months, I believe it to be a regulated agreement.
18. In addition, on [date] I have sent a Subject Access Request to Vodafone to try and obtain a copy of the original contract/s and terms thereof. I have not yet had a response.
19. My case is that the contract/agreement was cancelled due to a breach of contract on the part of Vodafone and no debt was owed to the company or any subsequent assignee. The contract and terms of the agreement is central to the defence and disclosure of these documents is required.
20. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
18.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
19.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
20.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
21.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
DEFENCE
1.I received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.3. I believe that this claim is for a purchase of a handset and for a airtime and data services agreement between myself and Vodafone regulated under the Consumer Credit Act 1974.
4. It is denied that any debt is owed to the Claimant, or to Vodafone.
5. The account was opened in February 2011.
6. The original agreement with Vodafone was a fixed price agreement payable over a fixed term of 24 months.
7. In [ date ] Vodafone breached the contract by changing the amount without notice and in breach of the fixed price contract.
8. Following a complaint to Vodafone, I cancelled the contract at this time due to the breach of contract and the handset was returned to the company.
9. I did not hear further from Vodafone until I received a letter from the Claimants on [date]
10. It is denied that any outstanding debt was owed to Vodafone.
11. I contend the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
12 .The Claimants statement of case states that the account was assigned from Vodafone to Lowell on 31/3/2014. The Defendant does not recall receiving notice of this assignment.
13.It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
14.To try and find out more information and obtain a copy of the original agreement and terms, on the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].
15.[Claimant’s Solicitor] has not sent any of these documents to me.
16.On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
17.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement. The Claimant denies that the Consumer Credit Act s 78 applies to the agreement, however as I purchased a Device on credit terms payable monthly over 24 months, I believe it to be a regulated agreement.
18. In addition, on [date] I have sent a Subject Access Request to Vodafone to try and obtain a copy of the original contract/s and terms thereof. I have not yet had a response.
19. My case is that the contract/agreement was cancelled due to a breach of contract on the part of Vodafone and no debt was owed to the company or any subsequent assignee. The contract and terms of the agreement is central to the defence and disclosure of these documents is required.
20. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
18.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
19.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
20.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
21.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
have a read xxxx
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