Help with defence please

[Remake]

Sorry for my late request for help. Tomorrow is my last day for filing my defence.

I received a Claim from Northampton CC for a Payday Loan from 5 years ago that was allegedly assigned to another Financial company. I filled out the AOS form at Money Claim Online and sent a Section 77 to the Law firm and CPR to the Financial company. Both were sent recorded delivery and signed for. I did not receive any response from the Law firm to the CPR request. But the law firm did respond to my section 77 request to the Finance Firm. I received a document purporting to be a Loan Agreement that lists a different loan company to the one listed in the claim.

Is my defence below any good? Ive picked bits from previous examples on this forum. I cant produce a considered response to the claim until I can see that the money is owed to the claimant and that any dealing I might have had with the company listed in the claim are disclosed. (Do I need to make a separate request for this?)

Any help or advice before I press send is much appreciated.




Particulars of Claim:

The Claimant's Claim is for the sum of …. being monies due from the Defendant to the Claimant under a loan agreement regulated by the Consumer Credit Act 1974 between the Defendant and ……………… under account reference ……. and assigned to the Claimant on …..2016, notice of which has been given to the Defendant.

The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to sec 69 of the County Courts Act 1984 at a rate of 8% per annum ( a daily rate of …….) from the date of the assignment to ………. being an amount of …..…

Defence:

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I may in the past have had financial dealings with ………..I do not recall the precise details of any agreement number quoted and have sought verification from the claimant by way of CPR 31.14 and CCA requests. I do not recall a notice of Assignment issued on ………

3. Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; despite sending a formal letter requesting the Claimant/their solicitors to provide any evidence of credit/assignment/balance/breach by CPR 31.14. I have not received this information. The response received to my section 77 request does not any information that proves the claim.




Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim.




5. As mentioned above, I have requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. I am still awaiting a full response.

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974.

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[Amethyst]

Afternoon

Just wondering if this is Asset / Instant Cash Loans / Mr Lender / MMF etc - ? If not, who ( original lender, claimant and claimant solicitor - I can delete the names straight after if you prefer but it really helps to know who/what you're dealing with )

You need to say what

CPR 31.14 and CCA requests

actually are, and consequence of non compliance, so there will be a bit of rewording needed... also if they did send a copy of the agreement, any chance you can do a picture, redact your personal details, and upload it pls. Sadly although you have said their claim is vague/generic - your defence may well fall into that ballpark as well …. you should mention the response and the different lender etc if it is indeed an issue - hence my first question.

http://legalbeagles.info/library/gui...-court-claims/ is the basic example ( which has better wording for the CCA and CPR request parts )

[Remake]

Thank you - as soon as I’m home I’ll post that info

[Remake]

Original lender is Instant Cash Loans t/a Payday UK
Claimant is Prac Financial
Claimants Solicitor is BW Legal

[Remake]

Hi Amethyst - I have re written the defence using the site template - Is it better? and Is para 13 OK

I have to submit by 4 on Tuesday 11/08

Thank you



In the Northampton County Court Business Centre

Claim No:……

Claimant

And



Defendant

DEFENCE



1. I received the claim ……from the Northampton County Court on…… 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.The Defendant is aware of the Claimant and the the Defendant may have entered into with Instant Cash Loans Ltd t/a Payday UK for provision of credit. But has no recollection or records of the alleged debt.

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 Claimants statement of case states that the account was assigned from Instant Cash Loans Ltd t/a Payday UK to Prac Financial on 9/12/2016. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Instant Cash Loans Ltd t/a payday UK 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

8. On the ………I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. BW Legal have not sent copies of the Default Notice or Notice Of Assignment. The Agreement that BW Legal have sent does not mention Instant Cash Loans Ltd.

10. 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.

11. I 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 responded.

12. 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.

13. I have today sent an SAR GDPR request to Prac Financial for any data they hold on the Defendant with details of any loan agreements and payments to the Defendant or from the Defendant and any other information relating to the defendant held by Prac Financial. This will enable the Defendant to properly assess the claim

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 ________________________________

[Remake]

Im getting nervous - does anyone think my defence is OK? I need to send it by 4pm today

[Amethyst]

Having a read now Sorry for not seeing it last night xx

[Amethyst]

Made a couple amends... have a read and change as needed xxx


DEFENCE



1. I received the claim ……from the Northampton County Court on……

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for an alleged Loan agreement regulated under the Consumer Credit Act 1974 between Instant Cash Loans Ltd and the Defendant.

4.It is denied that the Defendant entered into any agreement with Instant Cash Loans Ltd.

5. The Defendant does not recognise the debt as the Claimants statement of case is vague and fails to give adequate information to enable the Defendant to properly assess their position.

6. The Claimants statement of case states that the account was assigned from Instant Cash Loans Ltd t/a Payday UK to Prac Financial on 9/12/2016. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Instant Cash Loans Ltd 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

8. In order to find out more information, on the ………I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. In addition, on the ............. I sent a formal request for a true copy of the original agreement to PRAC Financial Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10: The Claimant has not provided copies of the Default Notice or Notice Of Assignment as requested.

11: The Claimant has responded to the request detailed in Paragraph 9 with a copy of an electronically signed agreement alleged to be between the Defendant and MEM Consumer Finance for a loan of £xxxx at an APR of 2610.10%, which seems rather high.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. On investigation it appears that MEM Consumer Finance traded as Paydayuk in the past. Therefore, if the alleged agreement has been assigned by MEM Consumer FInance to Instant Cash Loans Ltd I have received no notice of such assignment and the Claimant should evidence that the agreement was legally assigned firstly to Instant Cash Loans Ltd, and subsquently to themselves. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974.

12. The Defendant is not aware of any amount owed to MEM Consumer Finance.

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. The Defendant has made a formal Subject Access Request under GDPR and the Data Protection Act 2018 to PRAC Financial for any data they hold relating to the Defendant with details of any loan agreements and payments to the Defendant or from the Defendant. The Defendant awaits PRAC's response to this request.

15. 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. The documents required are the original Agreement and terms or documents mentioned in that Agreement, a full statement of the account from inception, showing how the amount being claimed in this case has been calculated, a copy of any and all deeds and notices of assignment, and copies of any default and/or termination notices.

16. 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.

17. 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 ________________________________

[Remake]

Amethyst - thank you so much

[Amethyst]

No worries, it might actually be a little long to fit in the moneyclaim online defence box - you okay putting the headers and statement of truth on if you need to send it by email as a PDF ? but see if it fits first, I can never remember how much space you get = 122 lines maybe?