Creation Consumer Finance - Equivo Claim Form - Please help

[Ping]

Good Morning All,

I hope someone from your team can urgently help please. I held a "Your Plan" account with Curry's through Creation Consumer Finance with an original limit of £4000. The account allowed me to purchase Curry's products on Credit with mostly buy now and pay later options. I kept the account in good shape and barely used up to half of the credit limit for 3 years until Covid hit and I got into financial difficulties. I stopped paying into the account the monthly payments and Creation eventually closed my account with a Debt balance of £1531.67. I ignored the letters from them demanding payments due to bigger financial difficulty matters and have now received the Claim form from Civil National Business Centre with Equivo Ltd listed as the Creations Consumer Finance legal representative. I acknowledged the claim through MCOL site and selected to Defend the claim. I have in the past dealt with similar situations with Credit Card debt where I sent the CCA and CPR requests and submitted my Defence in based on not receiving information requested through a CPR and CCA. And in my CPR requests I have in the past asked for items listed in particulars of claim i.e. Copy of Agreement, Default Notice and Notice of Assignment and as a result got the cases on hold. However in this case the particulars of claim does not state these documents but instead only state wording as in the attached image. Can you please help how do I start my defence here with the limited information provided in the Particulars of claim? Does the normal template of CPR and CCA on this forum apply here or do I need to do something different? and would the normal defence template on this forum that is based on the pending CCA and CPR information applies in this case too?
I only have two days remaining for filing my defence so a quick help would be much appreciated? Many Thanks

[echat11]

a) Fill in the following, copy / paste back onto this thread with the answers minus personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

b) The following is an example Defence, have a go, post back your Defence without personal, then I can take a look. Then you can file it online with MCOL, it's a good idea to send their solicitors a copy, make sure you get Proof of Postage.

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

[Ping]

a) Fill in the following, copy / paste back onto this thread with the answers minus personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

b) The following is an example Defence, have a go, post back your Defence without personal, then I can take a look. Then you can file it online with MCOL, it's a good idea to send their solicitors a copy, make sure you get Proof of Postage.

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

Received a claim? Yes
Issue Date: 06-12-2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £1700
Claimant’s Name: Creation Consumer Finance Limited
Solicitors Firm: EQUIVO LTD
Original Creditor: Creation Consumer Finance (For Purchases from Curry's Electronic Store)
Original Debt (eg. Credit card/Loan/Overdraft) : I am unsure - but it is not a credit card but an account having a credit limit of £4000 to spend in Curry's store
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The Defendant (D) held the accounts as listed below with the claimant (C). D failed to pay the sums due to C when demanded and the sums listed below remain outstanding. Account Number: XXXX Debt Balance: £1500
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No, it has not been 6 years
List any letters you have sent (eg: CCA/ CPR ): None sent as unsure if this applies in this case too and if I need to change anything from the templates on this forum.
Any Other Information or Background Details: I held a "Your Plan" account with Curry's through Creation Consumer Finance with an original limit of £4000. The account allowed me to purchase Curry's products on Credit with mostly buy now and pay later options. I kept the account in good shape and barely used up to half of the credit limit for 3 years until Covid hit and I got into financial difficulties. I stopped paying into the account the monthly payments and Creation eventually closed my account with a Debt balance of £1500. I ignored the letters from them demanding payments due to bigger financial difficulty matters and have now received the Claim form from Civil National Business Centre with Equivo Ltd listed as the Creations Consumer Finance legal representative. I acknowledged the claim through MCOL site and selected to Defend the claim. I have in the past dealt with similar situations with Credit Card debt where I sent the CCA and CPR requests and submitted my Defence in based on not receiving information requested through a CPR and CCA. And in my CPR requests I have in the past asked for items listed in particulars of claim i.e. Copy of Agreement, Default Notice and Notice of Assignment and as a result got the cases on hold. However in this case the particulars of claim does not state these documents but instead only state wording as stated above. Can you please help how do I start my defence here with the limited information provided in the Particulars of claim? Does the normal template of CPR and CCA on this forum apply here or do I need to do something different?

[echat11]

Fill in bits in 'red'.

Have a thorougher read, have a break then read it again. Make sure all the facts are true, amend if you need to.

Then you can lodge it with the Court via MCOL. Send a copy to their solicitors, keep Proof of Postage.


In the Civil National Business Centre

Claim No: XXXXX

Claimants Name

Claimant

And

Defendants Name

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXX from the XXXXXXX County Court on 6th December 2023.

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 account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with the 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 fails to state when the agreement was entered into.

7.The Claimants statement of case does not state when the account was assigned. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Creation Consumer Finance 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 XX/XX/XXXX The Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14 to EQUIVO LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the XX/XX/XXXX The Defendant sent a formal request for a copy of the original agreement to Creation Consumer Finance pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 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 ________