No default, No pre action letter, now a County Court Claim Form

[THEJONAS]

Well they haven't mentioned any documents, so ask for Agreements, Default Notices and Letters of Assignments.

So what will be the best defence in my circumstance. I have 5 days left. I havent received anything back from the claimant or the solicitors

[echat11]

How old is the account?

Remember your agreement isn't regulated under the CCA 1974.

All you are addressing in your Defence is the Particulars of Claim.

'Particulars of Claim: 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 Debt Balance £2800'

Have a go at your Defence posted under point (e). Copy and paste back to this thread without personal details.

[Pezza54]

post deleted

[THEJONAS]

How old is the account?

Remember your agreement isn't regulated under the CCA 1974.

All you are addressing in your Defence is the Particulars of Claim.

'Particulars of Claim: 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 Debt Balance £2800'

Have a go at your Defence posted under point (e). Copy and paste back to this thread without personal details.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] 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 appears to be for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with the Claimant for provision of credit.

5.The Claimants statement of the case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6.The Claimant’s Particulars of Claim failed to state when the agreement was entered into.

8.The Claimants statement of the case states that the account was assigned from Original Creditor] to [Claimant] The Defendant does not recall receiving notice of this assignment.(??????. I am a bit confused is the Claimants statement the same as Particulars of Claim? I never read a statement from the Claimants about account assigning?)

9.It is denied that the Claimant 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 12/09/2024 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 12/09/2024 The Defendant sent a formal request for a copy of the original agreement to Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.


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 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 that the facts stated in this Defence and Counterclaim form N9B 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]

a) Read it a couple of times, make sure you are happy with it, then you can file this with the Court via MCOL, you could send a copy to the Claimants solicitors. Make sure you get Proof of Postage.

b) 'I am a bit confused is the Claimants statement the same as Particulars of Claim?' yes

c) You aren't making a Counterclaim are you?


In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 29th August 2024.

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 Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with the Claimant for provision of credit.

5.The Claimants statement of the case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6.The Claimant’s Particulars of Claim failed to state when the agreement was entered into.

7.The Claimants statement of the case states that the account was assigned from Sygma Bank to Creation Financial Services. The Defendant does not recall receiving notice of this assignment.

8.It is denied that the Claimant 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 12/09/2024 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.

10.Claimant’s Solicitor has not sent any of these documents to the Defendant.

11.On the 12/09/2024 The Defendant sent a formal request for a copy of the original agreement to Claimant 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 ________

[THEJONAS]

a) Read it a couple of times, make sure you are happy with it, then you can file this with the Court via MCOL, you could send a copy to the Claimants solicitors. Make sure you get Proof of Postage.

b) 'I am a bit confused is the Claimants statement the same as Particulars of Claim?' yes

c) You aren't making a Counterclaim are you?


In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 29th August 2024.

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 Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with the Claimant for provision of credit.

5.The Claimants statement of the case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6.The Claimant’s Particulars of Claim failed to state when the agreement was entered into.

7.The Claimants statement of the case states that the account was assigned from Sygma Bank to Creation Financial Services. The Defendant does not recall receiving notice of this assignment.

8.It is denied that the Claimant 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 12/09/2024 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.

10.Claimant’s Solicitor has not sent any of these documents to the Defendant.

11.On the 12/09/2024 The Defendant sent a formal request for a copy of the original agreement to Claimant 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 ________

No, i am not making a counterclaim.
So if i file this what is next thing to happen. If i lose what happens?

[echat11]

No, i am not making a counterclaim.
So if i file this what is next thing to happen. If i lose what happens?

You file your defence, the other party normally replies to it, the Court sends a Directions Questionnaire to both parties, you might have the opportunity of Mediation, if it's not settled, then Witness Statement then Hearing, Judgement etc. All this is a long way off.

Update when you get responses.

[THEJONAS]

You file your defence, the other party normally replies to it, the Court sends a Directions Questionnaire to both parties, you might have the opportunity of Mediation, if it's not settled, then Witness Statement then Hearing, Judgement etc. All this is a long way off.

Update when you get responses.

Update

I haven't received the Directions Questionnaire from the court i received an email from Creation saying i need to call them and if they don't hear from me by the 10th they will pursue a ccj judgement without contacting me.

[echat11]

Update

I haven't received the Directions Questionnaire from the court i received an email from Creation saying i need to call them and if they don't hear from me by the 10th they will pursue a ccj judgement without contacting me.

Phone the Court, ask for an update on the case, also that you haven't received a Directions Questionnaire from them.

Update with what they say.

[THEJONAS]

Phone the Court, ask for an update on the case, also that you haven't received a Directions Questionnaire from them.

Update with what they say.

I phoned the court and they said the claimant did not respond to my defense within 28 days so claim was stayed.

[echat11]

I phoned the court and they said the claimant did not respond to my defense within 28 days so claim was stayed.

So you need to wait to see if they lift the stay, just get on with your day to day stuff. But don't lose track of the case.

[Pezza54]

You may have been provided incorrect info from court staff
CPR 15.8 "If a claimant files a reply to the defence"

Filing a reply to defence is not mandatory and the claimant may decide not to
If the case has been stayed you should receive an order from the court

You can download the DQ to complete

[echat11]

CPR states that a reply to a defence must be filed with the court and served on the defendant at the same time as the Directions Questionnaire.

[THEJONAS]

CPR states that a reply to a defence must be filed with the court and served on the defendant at the same time as the Directions Questionnaire.

This the letter from the court.

[echat11]

This the letter from the court.

Post 26.