Preparing defence to claim for old GE debt

[haycorns]

Hi , I posted in the wrong place, but i am helping my brother with a court claim I found for him at Mum empty house just before Christmas. HI've linked to it below

The particulars of claim state

1 the claim is for X in respect of monies owing by the defendane on a credit agreement held by the defendant with GE capital under account number zzzz upon which the defendent failed to maintains payments

2 A default notice was served upon the defendant and has not been complied with.

3 The balance owes was assigned from GE Capital to the claimant, and the defendant has been notified of the assignment by letter

doesn't state it on the particulars of claim but agreement was march 2007

[haycorns]

My brother has had a rough time. His historial finances are a mess - he was sofa surfing , but was made homeless two years ago following a stroke, but we are dealing with issues as they come along. He did have a loan with GE some time ago , that was joint with his ex wife. The pre-action protocol, which we found the same day as the court papers at my Mums empty house, gives dates for the date of the agreement and assignment date

The Court papers don't say it was a loan though so i have left the defence based on loan or credit card.

I acknowledged the claim on the 30th ( court claim was dated 11th) and sent the CCA request and CPR 31.14 but as expected we had no reply. Below is the defence I have put together using the template. I'd appreciate any feedback for anything that needs changing

1.The Defendant received the claim xxxxx from Northampton County Court on when I was alerted that a letter had been found at a former temporary address over a year ago

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 or credit card agreement regulated under the Consumer Credit Act 1974.

.4.It is admitted that the Defendant has previously entered into agreement with GE capital 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.The Claimants statement of case states that the account was assigned from GE Capital to Arrow Global Accounts but does not state the date of assignment.The Defendant does not recall receiving notice of this assignment.

8.It is denied that GE Capital 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.

9.On the 31^st December 2020 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 Drydens Limited I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10 Dyrdens Limited has not sent any of these documents to the Defendant.

11.On the the 31^st December 2020 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Accounts pursuant to section 77 / 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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.