Last day to file defence

[Afo]

Hi all,

I've read many posts and have gathered a lot of information. The particulars of this case I will fill in later, but I have a pressing question that I need help with quickly.

A CCJ was issued on 3rd Feb 2017 for a Barclaycard credit card. It was passed to MKDP LLP (Ex Barclaycard) and is now with Hoist Portfolio and Howard Cohen and Co.

Having been abroad, I was made aware of this letter and a family member acknowledged the claim online within 14 days. I was due to be back in the UK well in time to submit defence within the 28 day window, but unfortunately was not, now have very little time. I believe my online defence needs to completed today (!?).

I have sent the claimant and solicitor letters for CCA and CPR on 6th March but have not received anything back yet (it's only been 3 days after all) and I'm not sure what to do online. Should I fill in the defence stating that I am waiting on CCA and CPR requests?

Thank you ever so much for any help you can give

[Kati]

Re: Last day to file defence

Your defence will be due 33 days after the date of issue on the claim form (which would be the 8th March if your date of 3rd Feb is accurate) so you NEED to get a defence in quick.

Here's a link to a template/draft defence that you can adapt to suit http://legalbeagles.info/forums/show...t-Court-Claims (if you post it up on here before you enter it I'll tag [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=2]Celestine[/MENTION] to pop in and have a look first)

It might help if you could give us a better idea on the debt too (date of last payment/written acknowledgement by yourself, what it was (are you sure it was a credit card?), if you could type up the Particulars of Claim too that would be good)

K xx

[pt2537]

Re: Last day to file defence

Ok you need to request an extension for your Defence, id get on the phone to the solicitors and agree an extension due to the shortage of time. Under the Civil Procedure Rules, Rule 15.5 you can agree an extension of time for the Defence of up to a further 28 days but you would have to write to the Court to advise them of the agreement assuming HC agree

I would say that this would be your best option, explain to HC that you dont have any papers so would need them to provide the documents they rely on too and thats why you need an extension. Id do this ASAP

[Afo]

Re: Last day to file defence

thank you both for your time and replies. Argh so even worse then that I am 1 day late since it is the 8th! Do I need to enter anything online today/asap for the defence, in order for them to stop pushing through a judgment? That is my main concern.
@pt2537 - by calling them given that it is late, are they obliged to give an extension or can they push for a judgment? I will call tomorrow (although will try today to see if they are still there) but given that they may have only just received the letters and potentially not processed them yet, is a judgment more easily obtained now the 33 days have elapsed?

EDIT: I have just tried but their offices close at 5pm. Is it in my interest to file a defence this evening, do you think?

@Kati - I will post up more complete info about the specifics. I have gained a LOT of information from other posts on this forum so thought I'd be able to handle it without needing to ask, but am grateful for the quick replies and the help thus far (both direct and indirect by the other posts!)
Yes it is definitely a credit card and it is very near to the 6 year statute barred timeframe (within 6 months I think) I will confirm this and let you know though. I read the example defences before posting my question, but because there is mention that the "claimant has not provided documents" etc, I thought I would not be able to enter this as defence as I've not given enough time for them to do so?

[Afo]

Re: Last day to file defence

Your defence will be due 33 days after the date of issue on the claim form (which would be the 8th March if your date of 3rd Feb is accurate) so you NEED to get a defence in quick.

Here's a link to a template/draft defence that you can adapt to suit http://legalbeagles.info/forums/show...t-Court-Claims (if you post it up on here before you enter it I'll tag @Amethyst @nemesis45 @Diana M @Celestine to pop in and have a look first)

It might help if you could give us a better idea on the debt too (date of last payment/written acknowledgement by yourself, what it was (are you sure it was a credit card?), if you could type up the Particulars of Claim too that would be good)

K xx

Hi Kati,
Does this look ok and is it reasonable to submit this online?

1: I was made aware of the claim [number here] from the Northampton County Court on XX February 2017. Should this be the date I was made aware of the letter or the date it has on the letter?

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 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 MKDP LLP (Ex Barclaycard) to Hoist Portfolio Holding 2 Ltd. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MKDP LLP (Ex Barclaycard) 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 6^th March 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co has not sent any of these documents to me. Is this ok given they haven't had time yet?

10. On the 6^th March 2017 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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. Same again?

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.] Should I remove section 12 as I have not yet spoken to them?

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: today or tomorrow? Is it of urgency that I get this submitted online asap to stop a judgment by default?

[Kati]

Re: Last day to file defence

[MENTION=551]pt2537[/MENTION] ... what do you think??

[warwick65]

Re: Last day to file defence

[MENTION=87380]Diana M[/MENTION]

I hope it is not already too late - you need to get the defence in asap

If you haven't requested an extension remove that paragraph

[pt2537]

Re: Last day to file defence

Well its difficult, if you dont have disclosure you can put a defence in but the problem is that if you put a defence in now, you will arguably need to amend it later, and at that point the Claimant may well seek their costs as you delayed asking for disclosure until the 11th Hour


This is why i said speak to them and get an agreed extension, this way you can ask for the documents, and you can then file a Defence that has merit rather than one that doesnt.

[pt2537]

Re: Last day to file defence

Well its difficult, if you dont have disclosure you can put a defence in but the problem is that if you put a defence in now, you will arguably need to amend it later, and at that point the Claimant may well seek their costs as you delayed asking for disclosure until the 11th Hour


This is why i said speak to them and get an agreed extension, this way you can ask for the documents, and you can then file a Defence that has merit rather than one that doesnt.

I
Do doubt that they would have any objections to an extension of time, indeed refusing to agree could be construed as unreasonable conduct anyway