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This is a very basic example Defence to give you a starting point when defending a court 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 and you should ensure you amend the example to suit your own circumstances.  If in ANY doubt at all please post on your thread on the forum.

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.

 

In the Northampton County Court Business Centre

Claim No: [XXXXX]

 

[Claimants Name]

Claimant

And

 

[Defendants Name]

Defendant

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/agreement] with [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.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

 

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

 

8.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.

 

9.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.

 

10.On the [Date] I sent a request for inspection of documents mentioned in the claimant’s 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].

 

11.[Claimant’s Solicitor] has not sent any of these documents to me.

 

12.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.

 

13.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.

 

14. 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. [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.]

 

15.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.

 

16.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.

 

17.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.

 

18.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  ________________________________

 

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If you have received a County Court Claim from a creditor or debt purchaser, don’t panic ! LegalBeagles have many years of experience assisting consumers in dealing with these claims, so you are in the right place to work out what steps you should take before making a decision whether to defend the claim or negotiate a settlement.

If you are looking for formal advice you should get in touch with Citizens Advice or National Debtline.

Visit the Forum – County Court Claims

Consumer Credit Claims
First Steps
Acknowledge a Claim
Check Your Dates
CCA Request Letter
CPR 31.14 Request Letter
Subject Access Request Letter
Example Defence
Set Aside Application


Visit the Forum – County Court Claims

We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com – If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.