Hi,
Have been served by Mortimer clarke ccm application, for MBNA transferred debt to dlc, issued **st dec (nice of them to see me this xmas present), for 10979.22, plus fees =£11573.28, have acknowledged claim, got letter offering 28 days and they wouldn't do anything till they got response from my CPR 31.14 request, but I didn't send a CCA request to dlc, not understanding the process properly.
I am now late in filing defines after additional 28 days, but don't want to file standard letter on this site, as I needed to remove a couple of sections i.e. CCA default on their part etc, will paste at bottom of this.
What are the consequences of being late with defence when sols said wouldn't do anything further, and would amendments to defence letter below be ok?
Any help very much appreciated, as I am sure they are going to send me an Easter pressy for another debt with dlc soon!
I have also had a reply to my cpm request which states-
"you have requested a deed of the assignment. Our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you notice of assignment in accordance with section136 of the law of property act 1925"
Yet I have never had any such document! are Mortimenr clarke correct?
I have scoured other threads, but can't find anything to help.
DEFENCE
1: I received the claim Claim Number ******* from the Northampton County Court on **th ****mber 2015
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The Claimants statement of case states that the account was assigned from MBNA to Hillesden Securities LTD T/A DLC. The Defendant does not recall receiving notice of this assignment.
6. It is denied that MBNA 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.
7: On the 4th January 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
8. Mortimer Clarke Solicitors Ltdhas not sent any of these documents to me and need extra time to send these documents.
9: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
10. 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.
11. 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.
12. 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.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Have been served by Mortimer clarke ccm application, for MBNA transferred debt to dlc, issued **st dec (nice of them to see me this xmas present), for 10979.22, plus fees =£11573.28, have acknowledged claim, got letter offering 28 days and they wouldn't do anything till they got response from my CPR 31.14 request, but I didn't send a CCA request to dlc, not understanding the process properly.
I am now late in filing defines after additional 28 days, but don't want to file standard letter on this site, as I needed to remove a couple of sections i.e. CCA default on their part etc, will paste at bottom of this.
What are the consequences of being late with defence when sols said wouldn't do anything further, and would amendments to defence letter below be ok?
Any help very much appreciated, as I am sure they are going to send me an Easter pressy for another debt with dlc soon!
I have also had a reply to my cpm request which states-
"you have requested a deed of the assignment. Our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you notice of assignment in accordance with section136 of the law of property act 1925"
Yet I have never had any such document! are Mortimenr clarke correct?
I have scoured other threads, but can't find anything to help.
DEFENCE
1: I received the claim Claim Number ******* from the Northampton County Court on **th ****mber 2015
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The Claimants statement of case states that the account was assigned from MBNA to Hillesden Securities LTD T/A DLC. The Defendant does not recall receiving notice of this assignment.
6. It is denied that MBNA 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.
7: On the 4th January 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
8. Mortimer Clarke Solicitors Ltdhas not sent any of these documents to me and need extra time to send these documents.
9: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
10. 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.
11. 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.
12. 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.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Comment