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Hi, would someone mind taking a look and let me know their thoughts. This is the first time I have done something like this and even though I have researched through this site and many others I am a little nervous.
Thank you to anyone that can help.
DEFENCE
1. I received the claim xxxxx from the Northampton Count Court Bulk Centre on xxxx 2018.
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 previously entered into an agreement with Vanquis Bank Ltd on or around the xxxxx 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 state that the agreement was assigned to the Claimant (no date provided). The defendant does not recall receiving notice of assignment.
7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8. It is denied that Vanquis Bank Plc 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.
9. On the xxxx I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 18 to Mortimer Clarke Solicitors Ltd I requested the Claimant provide copies of the [Agreement, Termination Notice, Deed/Notice of Assignment, full disclosure of amount claimed for and any documentation the Claimant intends to reply.
10. Mortimer Clarke Solicitors Ltd acknowledged my request by letter on xxxx and stated that they are not in possession and that they are trying to obtain the documents from their client. These documents have not been provided.
11. Mortimer Clarke stated in their letter dated xxxx 2018 that the account will be placed on hold whilst they try to obtain these documents; however, they failed to provide a statement of extension to the court.
12. On the xxxx I sent a formal request for a copy of the original agreement to Carbot Financial (UK) Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. On xxxx I received a letter from Carbot Financial (UK) Ltd dated xxxx stating that they did not hold the relevant information on file and would be requesting a copy of the credit agreement, terms and condition, and statement of account from the alleged original lender. Carbot Financial (UK) Ltd stated that I would receive an update within 12 days which, this timeframe has now expired.
14. 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.
15. 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 not replied.
16. 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.
17. 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.
18. 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.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Thank you to anyone that can help.
DEFENCE
1. I received the claim xxxxx from the Northampton Count Court Bulk Centre on xxxx 2018.
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 previously entered into an agreement with Vanquis Bank Ltd on or around the xxxxx 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 state that the agreement was assigned to the Claimant (no date provided). The defendant does not recall receiving notice of assignment.
7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8. It is denied that Vanquis Bank Plc 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.
9. On the xxxx I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 18 to Mortimer Clarke Solicitors Ltd I requested the Claimant provide copies of the [Agreement, Termination Notice, Deed/Notice of Assignment, full disclosure of amount claimed for and any documentation the Claimant intends to reply.
10. Mortimer Clarke Solicitors Ltd acknowledged my request by letter on xxxx and stated that they are not in possession and that they are trying to obtain the documents from their client. These documents have not been provided.
11. Mortimer Clarke stated in their letter dated xxxx 2018 that the account will be placed on hold whilst they try to obtain these documents; however, they failed to provide a statement of extension to the court.
12. On the xxxx I sent a formal request for a copy of the original agreement to Carbot Financial (UK) Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. On xxxx I received a letter from Carbot Financial (UK) Ltd dated xxxx stating that they did not hold the relevant information on file and would be requesting a copy of the credit agreement, terms and condition, and statement of account from the alleged original lender. Carbot Financial (UK) Ltd stated that I would receive an update within 12 days which, this timeframe has now expired.
14. 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.
15. 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 not replied.
16. 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.
17. 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.
18. 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.
It is denied that the Claimant is entitled to the relief as claimed or at all.
