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Made a couple minor amends for you xx
In the [County Court Business Centre]
Claim No: [XXXXX]
[Arrow Global Limited]
Arrow Global Limited
And
[Defendants Name]
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the County Court Business Centre on 15th March 2019.
2.Each and every allegation in the Claimants statement of case is denied.
3.This claim appears to be for a credit agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has entered into an agreement with Halifax/Bank of Scotland for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.
6.The Claimant’s Particulars of Claim fails to state when the agreement was entered into.
7.The Defendant has no recollection of having held any credit account with Halifax or Bank of Scotland and certainly is unaware of any outstanding debt owed.
8. The Defendant has checked her credit file and there is no entry with regards any debt owed to Halifax/Arrow Global Limited.
9.The Claimants statement of case states that the account was assigned from Bank of Scotland to Arrow Global Limited and has failed to state when the account was assigned. The Defendant does not recall receiving notice of this assignment.
10.It is denied that Halifax/Bank of Scotland 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.
11.On the 19th of March 2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Limited. She requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Drydens Limited has not sent any of these documents to the Defendant.
12. A SAR was sent to Halifax/Bank of Scotland on 2nd April 2019 but the Defendant hasn’'t yet had a response.
13.On the 19th March 2019 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 77-78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14.The Claimant has failed to comply with s 77-78 (1) Consumer Credit Act 1974 and by virtue of s 77(4) - s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
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.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.
17.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.
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 ________________________________
Originally posted by Malcolm02
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In the [County Court Business Centre]
Claim No: [XXXXX]
[Arrow Global Limited]
Arrow Global Limited
And
[Defendants Name]
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the County Court Business Centre on 15th March 2019.
2.Each and every allegation in the Claimants statement of case is denied.
3.This claim appears to be for a credit agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has entered into an agreement with Halifax/Bank of Scotland for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.
6.The Claimant’s Particulars of Claim fails to state when the agreement was entered into.
7.The Defendant has no recollection of having held any credit account with Halifax or Bank of Scotland and certainly is unaware of any outstanding debt owed.
8. The Defendant has checked her credit file and there is no entry with regards any debt owed to Halifax/Arrow Global Limited.
9.The Claimants statement of case states that the account was assigned from Bank of Scotland to Arrow Global Limited and has failed to state when the account was assigned. The Defendant does not recall receiving notice of this assignment.
10.It is denied that Halifax/Bank of Scotland 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.
11.On the 19th of March 2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Limited. She requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Drydens Limited has not sent any of these documents to the Defendant.
12. A SAR was sent to Halifax/Bank of Scotland on 2nd April 2019 but the Defendant hasn’'t yet had a response.
13.On the 19th March 2019 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 77-78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14.The Claimant has failed to comply with s 77-78 (1) Consumer Credit Act 1974 and by virtue of s 77(4) - s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
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.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.
17.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.
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 ________________________________
Although you should have informed the court in writing to comply with the CPR, so that if they do accidentally ask for a default judgment you can have it set aside easily as an error.
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