County Court claim form

[echat11]

I have not heard back from Marlin yet. I am about 5 days from the date I think it runs out. Please excuse me if I don't make sense, I have a problem with anxiety. I have gone onto the MCOL, logged in, and there is just a page with the words "Hello World". this is the address of the page "https://www.moneyclaim.gov.uk/web/mcol/claim/respond-to-claim". It looks a bit odd.

This would be the Government Gateway to MCOL, they send you a pass code to enter MCOL.

Calm down, delete cookies or try a different browser. Keep in control of the situation.

[echat11]

This would be the Government Gateway to MCOL, they send you a pass code to enter MCOL.

Calm down, delete cookies or try a different browser. Keep in control of the situation.

You need to do you Defence today, with the facts as they stand.

https://legalbeagles.info/library/gu...-court-claims/

Have a go, copy and paste it back onto this thread (without personal details).

[charitynjw]

I have not heard back from Marlin yet. I am about 5 days from the date I think it runs out. Please excuse me if I don't make sense, I have a problem with anxiety. I have gone onto the MCOL, logged in, and there is just a page with the words "Hello World". this is the address of the page "https://www.moneyclaim.gov.uk/web/mcol/claim/respond-to-claim". It looks a bit odd.

https://www.access.service.gov.uk/login/signin/creds

[Barnaby]

https://www.access.service.gov.uk/login/signin/creds

Thanks friend. I can get to the MCOL page, then when I put in my user name and pass it was just coming up with a "Hello world" page. Now it is saying the user name and pass are incorrect. I have triple checked with the letter I got from the court and they are correct. I must have had the correct one when I submitted my reply.

[charitynjw]

Thanks friend. I can get to the MCOL page, then when I put in my user name and pass it was just coming up with a "Hello world" page. Now it is saying the user name and pass are incorrect. I have triple checked with the letter I got from the court and they are correct. I must have had the correct one when I submitted my reply.

MCOL support

Lost user ID / password

https://www.gov.uk/government/public...e#mcol-support

[Barnaby]

This would be the Government Gateway to MCOL, they send you a pass code to enter MCOL.

Calm down, delete cookies or try a different browser. Keep in control of the situation.

Thanks friend. Alas it is easier said than done. I am struggling, but doing my best. I spoke to the MCOL folks today and they said the latest date was 15th.
They gave me a number for Support through courts, but I couldn't get through. For some reason now, it will not accept my user name and pass after checking over and over from the court paper. The MCOL chap said I could submit by email. It may end up with that. I am just going to try that defence link you sent. It does look confusing at first look but I will give it a try. Thanks again for your help. The court is Northampton. I live in the North West, do you know what happens about this?

[charitynjw]

Thanks friend. Alas it is easier said than done. I am struggling, but doing my best. I spoke to the MCOL folks today and they said the latest date was 15th.
They gave me a number for Support through courts, but I couldn't get through. For some reason now, it will not accept my user name and pass after checking over and over from the court paper. The MCOL chap said I could submit by email. It may end up with that. I am just going to try that defence link you sent. It does look confusing at first look but I will give it a try. Thanks again for your help. The court is Northampton. I live in the North West, do you know what happens about this?

See post #20

[Barnaby]

You need to do you Defence today, with the facts as they stand.

https://legalbeagles.info/library/gu...-court-claims/

Have a go, copy and paste it back onto this thread (without personal details).

Claim No: [XXXXX]
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the Northampton County Court on [Date you received the claim]
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 Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with Original Creditor 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 states the agreement was entered into on or around xx/xx/xxxx
8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
9.It is denied that [Original Creditor] 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.
10.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].
11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.
12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.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.
16.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.
17.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.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________
Dated ________

I deleted a few numbers that I don't think apply to me.

[Barnaby]

See post #20

Apologies, it is the Claim No and Defence pack password I am stumped on at the login page at https://www.moneyclaim.gov.uk/web/mc...spond-to-claim

[Barnaby]

Apologies, it is the Claim No and Defence pack password I am stumped on at the login page at https://www.moneyclaim.gov.uk/web/mc...spond-to-claim

More apologies, I need specsavers. The thing was listed below the the page and I stupidly hadn't scrolled down.

[Barnaby]

You need to do you Defence today, with the facts as they stand.

https://legalbeagles.info/library/gu...-court-claims/

Have a go, copy and paste it back onto this thread (without personal details).

Do I need to sign it with a pen and scan, or can I type my name at the bottom.

Also should I remove the numbers or renumber

[atticus]

sign with pen and ink, then scan.

[echat11]

Claim No: XXXXXX
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant

DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on XXXXXXXX.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with Original Creditor 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 states the agreement was entered into on or around 2002.

7. The Claimants statement of case states that the account was assigned from XXXXXXX to XXXXXXX, but does not give a date of assignment. The Defendant does not recall receiving notice of this assignment.

8. It is denied that XXXXXXXXX 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 XXXXXXThe Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to XXXXXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11. On the XXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXXX pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of 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.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________
Dated ________

[echat11]

Lodge the Defence with the Court via MCOL (if you can log into it), if you can't you can send it via email (ask for email address) remember to send a copy of your Defence to the Claimant, make sure you get Proof of Postage.

[Barnaby]

sign with pen and ink, then scan.

On the MCOL site, there is only a box to paste in text. I have printed, signed and scanned the document, but can't find a way of inputting a document into the box. I have tried a screenshot, but it looks like it will not paste a picture. I could paste the document with a typed signature, then email MCOL with the wet signature version.