Tweet
Re: Please help! received Court Claim from DrydensFairfax
Weekend, suns out, kinds on school hols, bit frantic, sorry xxxx Have made a couple edits, only minor xx Needs checking and dates adding but Cel has added in the bit about the new last minute damn reconstructed agreement
Can you check the bits about the Default notice are correct (and the rest) and amend dates etc.
1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Sygma Banque Sa Inc France trading in UK as Sygma Bank Uk.
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' particulars of claim and put the Claimant to strict proof thereof.
3. It is admitted that that the Defendant has in the past entered into agreements with Sygma Bank Uk. The defendant believes this claim relates to a 'Adams' Store Card once held with Sygma Bank Uk.
4. On the xxxxxxxxxxxx the Defendant made a written request for inspection of the agreement and other documents as disclosed in the Claimants statement of case under Civil Procedure Rule 31.14. Documents mentioned in the Claimants pleadings are Assignment Notice, Default Notice, Credit Agreement & Terms. [EXHIBIT A] is a copy of the CPR 31.14 request letter sent on xxxxxxxxx
5. The Applicant accepts that a debt once existed, however the enforceability of the regulated agreement underpinning the debt is disputed. There are numerous breaches of the Consumer Credit Act 1974 which require proper investigation. Details of the aforesaid breaches are set out herein.
6. In addition to the Defendants request under CPR 31.14, on the 30th June 2014 a request has been made to Sygma Bank Uk pursuant to section 78(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract. [EXHIBIT B] is a copy of the s.78 request letter sent on xxxxxxx
7. On xxxxxxxxx the Claimant supplied an illegible and incomplete document in response. The Defendant has therefore not yet been able to examine the terms and conditions that were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible and is therefore in breach of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and the Defendant is unable to assess the agreement and original terms to form her defence as to unlawful charges and interest applied to the account. [EXHIBIT C] is a copy of the illegible document supplied to the Defendant on xxxxxxxxxxxxx.
8. The Defendant also contends that the document supplied to her in response to the formal requests under s.78 Consumer Credit Act is incomplete and does not contain any the terms applicable at the inception of the account.
9. The Claimant has also not provided a statement of account in response to the Defendants’ statutory request; which further prevents the Defendant from assessing any charges or interest that may have been applied.
10. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
11. On xxxxxxxxx the Defendant wrote to the Claimant to highlight the breaches of s.78 CCA and to request clearer documents. In response, on xxxxxxxx, the Claimant supplied a wholly unrelated copy of a blank credit agreement; which pre-dates the Defendants actual contract by 2 years. The Defendants current name and address has been manually added to this blank document, an action that the Defendant finds extremely concerning. The Claimant has not offered any explanation as to the relevance of this document and the Defendant further asserts that the Claimant is in breach of s.78 CCA 1974. [EXHIBIT D] is a copy of the supplementary document supplied by the Claimant on xxxxxxxxxx
12. The Claimant is put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.87 & 88(1) thus giving a right to demand immediate repayment of the sums claimed. The Defendant has not received any Default Notice from the Original Creditor or the Claimant. Accordingly the Defendant will say that s87(1) Consumer Credit Act has not been complied with and the respondent is not entitled to terminate the agreement or accelerate the earlier repayment of the debt. The Defendant will rely upon the High Court case of Harrison v Link in support of the proposition that a Default notice is a statutory precondition of enforcement (see para 75 of HHJ Chambers QC ruling). The Defendant will also say that no notice of sums in arrears have been served on the Defendant contrary to s86(c) Consumer Credit Act 1974 and accordingly such a breach renders the agreement unenforceable while the breach continues. The Claimant is also subject to a statutory bar on charging interest while in breach of the aforesaid provision.
13. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to re-plead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.
14.Accordingly, the Defendant avers that
a) The Claimant has not complied with s78 and s.87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.
b) Therefore, the Claimants Claim should be dismissed.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Weekend, suns out, kinds on school hols, bit frantic, sorry xxxx Have made a couple edits, only minor xx Needs checking and dates adding but Cel has added in the bit about the new last minute damn reconstructed agreement
Can you check the bits about the Default notice are correct (and the rest) and amend dates etc.
Originally posted by Celestine
View Post
1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Sygma Banque Sa Inc France trading in UK as Sygma Bank Uk.
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' particulars of claim and put the Claimant to strict proof thereof.
3. It is admitted that that the Defendant has in the past entered into agreements with Sygma Bank Uk. The defendant believes this claim relates to a 'Adams' Store Card once held with Sygma Bank Uk.
4. On the xxxxxxxxxxxx the Defendant made a written request for inspection of the agreement and other documents as disclosed in the Claimants statement of case under Civil Procedure Rule 31.14. Documents mentioned in the Claimants pleadings are Assignment Notice, Default Notice, Credit Agreement & Terms. [EXHIBIT A] is a copy of the CPR 31.14 request letter sent on xxxxxxxxx
5. The Applicant accepts that a debt once existed, however the enforceability of the regulated agreement underpinning the debt is disputed. There are numerous breaches of the Consumer Credit Act 1974 which require proper investigation. Details of the aforesaid breaches are set out herein.
6. In addition to the Defendants request under CPR 31.14, on the 30th June 2014 a request has been made to Sygma Bank Uk pursuant to section 78(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract. [EXHIBIT B] is a copy of the s.78 request letter sent on xxxxxxx
7. On xxxxxxxxx the Claimant supplied an illegible and incomplete document in response. The Defendant has therefore not yet been able to examine the terms and conditions that were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible and is therefore in breach of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and the Defendant is unable to assess the agreement and original terms to form her defence as to unlawful charges and interest applied to the account. [EXHIBIT C] is a copy of the illegible document supplied to the Defendant on xxxxxxxxxxxxx.
8. The Defendant also contends that the document supplied to her in response to the formal requests under s.78 Consumer Credit Act is incomplete and does not contain any the terms applicable at the inception of the account.
9. The Claimant has also not provided a statement of account in response to the Defendants’ statutory request; which further prevents the Defendant from assessing any charges or interest that may have been applied.
10. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
11. On xxxxxxxxx the Defendant wrote to the Claimant to highlight the breaches of s.78 CCA and to request clearer documents. In response, on xxxxxxxx, the Claimant supplied a wholly unrelated copy of a blank credit agreement; which pre-dates the Defendants actual contract by 2 years. The Defendants current name and address has been manually added to this blank document, an action that the Defendant finds extremely concerning. The Claimant has not offered any explanation as to the relevance of this document and the Defendant further asserts that the Claimant is in breach of s.78 CCA 1974. [EXHIBIT D] is a copy of the supplementary document supplied by the Claimant on xxxxxxxxxx
12. The Claimant is put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.87 & 88(1) thus giving a right to demand immediate repayment of the sums claimed. The Defendant has not received any Default Notice from the Original Creditor or the Claimant. Accordingly the Defendant will say that s87(1) Consumer Credit Act has not been complied with and the respondent is not entitled to terminate the agreement or accelerate the earlier repayment of the debt. The Defendant will rely upon the High Court case of Harrison v Link in support of the proposition that a Default notice is a statutory precondition of enforcement (see para 75 of HHJ Chambers QC ruling). The Defendant will also say that no notice of sums in arrears have been served on the Defendant contrary to s86(c) Consumer Credit Act 1974 and accordingly such a breach renders the agreement unenforceable while the breach continues. The Claimant is also subject to a statutory bar on charging interest while in breach of the aforesaid provision.
13. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to re-plead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.
14.Accordingly, the Defendant avers that
a) The Claimant has not complied with s78 and s.87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.
b) Therefore, the Claimants Claim should be dismissed.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
)
Comment