Going to Court at 2 and BW legal accused me of plagiarism when I sent my Defence...

[zhanzhibar]

Hello,

I am going to court at 2 today. In their witness statement they said my denfce is a generic template readily available online. As they
"The Claimant questions what points of her defence the Defendant considers to be meritorious and what has simply been plagiarised"

Summary;
I received a POC with not much on it and no copies of any agreement etc..
I did my research and send a witness statement.
The judge ordered them to comply with what I ask by 15th january... and they send me their witness statement on 11th
in that witness statement they said as above;
1) accusing me using the defence template from Money Saving Expert website( which i rarely go)
2) they also said that they use Money Claim online and there is no need for copies of any agreements etc under para 4(1)PD 7E as they meet the conditions to start a claim.

Their witness statement only provide
1) template of credit agreement
2) template of Default letter
3) a separate page with my photo
4) several letters asking for payment

My question is without a copy of a credit agreemenet & default letter with my name on it, is their claim still valid?

Does it matter if i used a website to help me with my defence?

Thanks

Zhan

[Amethyst]

No it does not matter, what matters is that your defence has merit.

What kind of debt is it ?

Why is there a photo of you?

[zhanzhibar]

No it does not matter, what matters is that your defence has merit.

What kind of debt is it ?

Why is there a photo of you?

Money shop loan when I was really struggling then.. well still struggling today but coping..she says.. i wanted to pay off but kids needs comes first.

[Amethyst]

Okay, so it's a loan.

You need to argue s.77 consumer credit act as per your defence ( http://legalbeagles.info/library/gui...-court-claims/ ) hopefully. Was it the standard example defence from here?

Have they complied with the order of the court fully ?

[zhanzhibar]

You need to argue s.77 consumer credit act as per your defence ( http://legalbeagles.info/library/gui...-court-claims/ ) hopefully. Was it the standard example defence from here?

Have they complied with the order of the court fully ?

not the same but same standard content. i think this is where I went wrong.. too busy with life with kids & workload so i was very late in responding to this claim and I didn't send that request letter just the defence. So i guess that' it right? I will lose today and accept it.

[ploddertom]

The same could therefore be said of their claims.

[zhanzhibar]

The same could therefore be said of their claims.

What do you mean? Oh you mean the content of their POC.. I guess that's true but I have no way of proving this.

According to them:

Para 5.2A PD 7E which states;

" The requirement in para 7.3 of Practoce Direction 16 for documents to be attached to POC does not apply to claims started using an online claim form, unless the POC are served separately in accordance with para 5.2 of this direction"

For this reason they said there is no breach of the PD16 or CPR 16. In any event the Claimant's POC are clear and concise and the Defendant is put to strict proof to the contrary.

They also said in their witness statement that

"The Claimant is a debt purchaser and can face difficulty when trying to obtain documents from the Originating Creditor which may have since been archived

While the Claimant is unable to provide a copy of the agreement or the default notice, it is not, in the Claimant's opinion, fatal to its case where the supporting documents unequivocally demonstrate the extent of the Defendant's liability under the agreement"

Does this mean when com buy debt they don't even have the credit agreement and so they can still chase us?

[Amethyst]

If you didn’t send a cca request letter with£1 then that part of your defence is dead I’m Â*afraid. However they still need to prove they have the right to claim the debt from you ( so default notice and notice of assignment ) and that the amount claimed is owed. It’s really far too late to be able to help much. What issues were there with the debt ? Is the amount being claimed correct ? Was there a lot of charges added ? Any insurances ? Did they produce the documents the judge asked for in the order? is the agreement from the right date that you would have signed when opening the account ?

if they can’t get documents off the original creditor how do they know the figure they are claiming is accurate ? Â*The claim relies on the agreement but the original creditor hasn’t evidenced that an agreement was signed... basically draw doubt on whether the documents are accurate and actually evidence the debt is owed.Â*

how much is the claim for ?Â*

It is likely you will walk out with a ccj but give it your best shot xxx if they ask for costs then they only provided documents late and they had lots of opportunity to do so earlier

also did they send a letter before claim before Â*the court claim ? Did you respond to that ?Â*

[Diana M]

It is likely you will walk out with a ccj but give it your best shot

Or discuss the option of a Tomlin Order before they walk in?

A number of courts have‘ help desks’ run by volunteers like the CAB which may be able to advise at the eleventh hour.

Di

[emanresu]

Removed

[Amethyst]

It would be interesting to see exactly what BW have said about 'plagarism' in their WS if poss.

Hoping you are doing okay in court xxx

[jaguarsuk]

While the Claimant is unable to provide a copy of the agreement or the default notice, it is not, in the Claimant's opinion, fatal to its case where the supporting documents unequivocally demonstrate the extent of the Defendant's liability under the agreement"[/I]

Surly this is the key part of their statement? They are effectively saying that they do not have the documents which make the debt enforceable and the opinion of the judge should differ very much from theirs in the necessity of these documents to the success of the claim.

[Diana M]

Surly this is the key part of their statement? They are effectively saying that they do not have the documents which make the debt enforceable and the opinion of the judge should differ very much from theirs in the necessity of these documents to the success of the claim.

Unfortunately the OP has already admitted that they didn't send a s77-79 CCA Request so couldn't argue non compliance in court.

Okay, so it's a loan.

You need to argue s.77 consumer credit act as per your defence

I didn't send that request letter just the defence.

If you didn’t send a cca request letter with£1 then that part of your defence is dead I’m Â*afraid.

Di