Court Defence for Tuesday 17th

[James555]

Hi all

I have to submit my defence for a claim at NCCBC from Marlin over an egg credit card. I sent them the 2 forms requesting info but they haven't sent me anything other than a letter of assignment. They agreed to a 28 extension which is up tomorrow.

I haven't had any other documents, can someone please point me in the right direction for me to send in my defence for tomorrow? Any help would be greatly appreciated they say the original debt was £6k but they want £10K!

[Amethyst]

Re: Court Defence for Tuesday 17th

Here's a basic example to get your started

http://www.legalbeagles.info/forums/...t-Court-Claims

[James555]

Re: Court Defence for Tuesday 17th

Having checked, my defence has to be in tomorrow and i have made the attached but not submitted it yet, would anyone mind having a look through and seeing if it is ok? I am not sure about the s77 or s78 in yellow?

Also I assume I need to attach all the letters I sent and proof of delivery? Do i need to send what they sent back to me?

the basics of the case are:-

The particulars of the claim read:-

By an agreement between Egg Banking Plc ('EGG') & the Defendant on or around **/**/2006 ('the Agreement') Egg agreed to issue the Defendant a credit card upon the temrs & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claiment on **/**/2013. THE CLAIMENT THEREFORE CLAIMS 1. 6***.** 2.interest pursuant to section 69 of the county court Act 1984, namley 3***.** & continuing until judgment or sooner at the payment rate of 1.29

I sent off the CAA and CPR requests. I have had a letter from the solicitors sending me the assignment letter of the alleged debt but heard nothing from the claimant. The letter said they agreed to a 28 day extension which is up tomorrow.

My defence is:-

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE NO:KKKKKKKK
BETWEEN
COMPANY
-and-
XXXXXXXXXXXXX DEFENDANT

---

Defence

---

1: I received the claim [Claim Number] from Northampton County Court (CCBC) on [Date XXXXXX]

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

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


6: On the [Date]xxxxx 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] .

7. [Claimant's Solicitor]xxxxxxxxxxx has not sent the Agreement or Default Notice to me.

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

9. 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.

10: 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). 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.

11. 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.

12. 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.

13. 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.

14. 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 .................................................. ....