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  1. #1
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    Default EXAMPLE Defence for Consumer Credit Court Claims

    BASIC EXAMPLE DEFENCE for a claim UNDER £10,000 for a LOAN or a CREDIT CARD or a CATALOGUE ACCOUNT where you have sent a formal CCA request and a CPR 31.14 request to which you have had no documents in response.

    EVERY CASE IS DIFFERENT SO THIS IS REALLY A VERY BASIC STARTING POINT.
    IF YOU ARE UNSURE OF ANYTHING - PLEASE POST ON YOUR THREAD.


    IMPORTANT


    • A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
    • A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.

      -----------------------------------------------------------------------------------------------



    EXAMPLE 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: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

    4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.


    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 particulars of claim fail to state when the agreement was entered into.]

    6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

    7. It is denied that [Original Creditor] 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.

    8: On the [Date] I sent a request for inspection of documents mentioned in the claimants 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] .

    9. [Claimant's Solicitor] has not sent any of these documents to me.

    10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    [12: 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.] or [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.]

    13. 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.

    14. 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.

    15. 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.

    16. 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.



    Signed …………………………………………

    Dated .................................................. ....


    -----------------------------------------------------------------------------------------------


    Another example. As always needs amending to suit your circumstances it is simply as an idea how a defence should look.
    Preliminary Matters

    1. The Claimants claim form fails to adequately set out the nature of the Claim.

    2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

    3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


    The Claim

    4. The Claimant states the claim relates to a credit card account with MBNA but without further details the Defendant is unable to identify such an account within his own records.

    5. The particulars of claim fail to state when the agreement was entered into or what the agreement was for. The Defendant believes it would have been finance as MBNA issue credit cards and is unaware of any goods or non financial services supplied by MBNA to its customers.

    6. The particulars of claim state that the account was assigned/purchased by Lowell Portfolio Ltd on **** 2005 and notice served pursuant to the Law of Property Act 1925. The Defendant does not recall receiving notice of this assignment.

    7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

    8. In respect of matters, which the Defendant is able to plead to, on the 1 July, 13th July and 20th July the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

    9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant. 1

    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. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

    12. The Defendant has also sent a request for inspection of documents on the 13th July to Lowell Portfolio mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.

    13. The Defendant has refused the claimant an extension of time for filing a defence and suggests that the Claimant use her own records. The Claimant has not kept any financial records from 2005.

    14. 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 replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

    Default Notice

    15. It is denied that the original creditor 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.

    16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

    17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

    Notice of sums in arrears.

    19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

    Conclusion

    Accordingly, the Defendant avers that

    20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

    21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

    22. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

    23. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

    Statement of Truth
    The Defendant believes that the facts stated in this Defence are true

    Signed
    Dated

    EXAMPLE OF HOW THE DEFENCE SHOULD BE LAID OUT
    Attached Thumbnails Attached Thumbnails layoutofdefence.png  
    Last edited by Amethyst; 10th July 2015 at 08:14:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  2. #2
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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Would the defence for a claim over £10,000 be different in its wording?

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    I heard its Fast Track and not small claim.Can we use the same words,then?Tks

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by mcqk007 View Post
    I heard its Fast Track and not small claim.Can we use the same words,then?
    At the time you file a Defence the claim would not have been allocated to either the Small Claims Court or the Fast Track.

    That comes later in the proceedings.

    This forum has a template Defence which is a guide. A Defendant should then customize it to suit there own particular set of circumstances.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #5
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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by mcqk007 View Post
    I heard its Fast Track and not small claim.Can we use the same words,then?Tks
    Your 'personal' thread is headed '£1000'
    CAVEAT LECTOR

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Thank you so much!

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Help, new here..
    Where would I send the above "Example Defense" letter to?
    I have received a CCJ from a debt recovery service and don't know where or whom to send the above letter to?
    Thanks

  8. #8
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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by Aintgotaname View Post
    Where would I send the above "Example Defense" letter to?
    I have received a CCJ from a debt recovery service and don't know where or whom to send the above letter to?
    Start a new thread giving the details of your claim and what stage it's reached.

    Have you already filed your Acknowledgement of Service (you can answer that question on your own thread )?

    When you get to the Defence stage you will be filing it at court and serving a copy on the Claimant or their solicitors if they have instructed any.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #9
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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by Diana M View Post
    Start a new thread giving the details of your claim and what stage it's reached.

    Have you already filed your Acknowledgement of Service (you can answer that question on your own thread )?

    When you get to the Defence stage you will be filing it at court and serving a copy on the Claimant or their solicitors if they have instructed any.

    Di
    Hi, Thanks for the reply.
    I've received a claim form from the County Court Business Center and the claimant is Lowell whom I believe is a debt recovery service which were sold to them on 26th April 2013.
    I ended up in debt with Next as I were in a bad place at that time and had every intention of clearing the said debt but it just went to the back on my mind.
    I don't know what steps to take next.. Thanks

    PS - I have just sent Lowell this letter

    Lowell Portfolio I LTD
    Ellington House
    9 Savannah Way
    Leeds Valley Park
    LS10 1AB






    Dear Sir/Madam


    Re:- Account Number xxxxxxxx
    Please treat thisletter as a formal request for you to supply a copy of my ConsumerCredit Agreement as is my entitlement under sections 77-79 of theConsumer Credit Act 1974.


    I require you toprovide me with a true copy, or reconstituted copy of the creditagreement relating to any account you deem to be mine, together withany other documentation the Act requires you to provide. I expect youto comply fully and properly with this request, within the statutorytime limit.


    Your obligation alsoextends to providing me with a statement of account. I enclose a £1postal order, which represents payment of the statutory fee payableunder the Consumer Credit Act. I understand that a copy of my creditagreement should be supplied within 12 working days from the date ofthis letter.


    If it is your view thatyou are not the creditor, s.175 of the CCA1974 applies in the case ofa simple assignment, and places a duty upon you to pass this requestto the creditor. In the case of an absolute assignment, you are acreditor as defined by s.189.


    I understand that underthe Consumer Credit Act, creditors are unable to enforce an agreementif they fail to comply with a request for a copy of the agreementunder these sections of the Act.




    Yours faithfully
    Last edited by Aintgotaname; 22nd February 2017 at 14:17:PM.

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    I have seen the documents that the court send, before. How would you get all the text on the above templates into the small boxed section that they send on the forms? I know there is probably a simple answer to this, however, does it not have to be hand written?... I'm just not seeing it right now. Please enlighten me....thanks.

  11. #11
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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    If you complete the forms sent to you by the court then it can be printed on a separate sheet and attached to the defence form (and a note made in the Defence box that the defence is attached on a separate sheet). On MCOL it should fit in the defence field in their online system.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Hello

    Hello please help I need a copy/template for creating a defence after the acknowledgement letter.

    For states barred
    and being under age

    Thank you.

    - - - Updated - - -

    or any help

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims


  14. #14
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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Good morning,

    Responding to your PM.

    I see Mike770 has linked you the defence template which is for you to edit/amend to suit your case, it is Not complete and ready to use as it is.

    You mention being under age and canceling? Please explain. Also you mention " states barred" Statute Barred?

    SB = 6 years with no payments or unequivocal written acknowledgment of the debt, the start of the relevant 6 year period varies according to the type of account.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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