Court Claim Form from TM Legal

[Guest]

Thank you.

I can't actually see an Uncle Buck loan on my credit record, which seems odd.

I haven't sent a SAR yet, just the CPR which I haven't received a response to yet. I will though and will be submitting affordability complaints within the next week or so.

Would you suggest I still submit a defence based in the template provided on this site?

Thanks again

[Amethyst]

Get a SAR off the Uncle Buck and the Affordability complaint in, sooner done sooner dusted

They haven't provided a full breakdown of the sum claimed, the 'debt' is over the 100% charges allowed by the cap, and there's no default or termination notice, nor a notice of acknowledgement. The agreement is likely to be okay.

This is the FCA rules

https://www.handbook.fca.org.uk/handbook/CONC/5A/?view=chapter

Cost caps: imposition of charges etc.: Total cost cap

CONC 5A.3.2

R

02/01/2015

RP

A firm must not:

1. (1) impose one or more charges, on a borrower under an agreement for high-cost short-term credit, that, alone or in combination with any other charge under the agreement or a connected agreement, exceed or are capable of exceeding the amount of credit provided under the agreement;
2. (2) arrange for or instruct another person to take the step described in (1).

[Guest]

Thank you very much for the advice. I'm not sure I understand what you are advising fully, but I am going to put a defence in tomorrow stating that they haven't provided a full breakdown of the sum claimed, haven't received default/termintaion notices or acknowledgment.

Once that's submitted I'll send the SAR and affordability complaints.

Thanks again, your help is much appreciated. Have a good weekend.

[Guest]

OK so here is my defence below. I have removed the section about the CCA seeing as I have received it. If anyone has any further suggestions feel free to add.

1.The Defendant received the claim XXXXX from the Money Claims Online, County Court Bulk Centre County Court on 12 November 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 Loan agreement regulated under the Consumer Credit Act 1974.

4. It is denied that the Defendant has previously entered into agreement with Uncle Buck Finance LLP 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.It is denied that Uncle Buck Finance LLP 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 26 November 2018 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to TM Legal Services Ltd. The Defendant requested the Claimant provide copies of the Notice of Assignment and Letter of Claim.



9. TM Legal Services Ltd has not sent any of these documents to the Defendant.



10. 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.

11.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.



12.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.



13.It is denied that the Claimant is entitled to the relief as claimed or at all.

[Debt Camel]

I think Debt Camel has mentioned previously that Uncle Buck had a problem with not issuing Default Notices or termination notices.

No, not me. I did say recently that Lending Stream had a problem for some months with not informing people complaining they had a right to take the complaint to the Ombudsman - perhaps you are remembering that?