Need help with County court claim received

[Chillibeat20]

Hi all,

I've received a county court claim form, i've acknowledged the claim and have a week to reply. I've been through this process before and fought off Lowell successfully but need some help with the particulars of the claim for this one. It reads as below:

Particulars of Claim
The defendant owes the claimant £XXXX under the regulated loan agreement with XXX also known as XXX dated XX/XX/2019 and which was assigned to the claimant on XX/XX/2024 and notice was given to the defendant on XX/XX/2024 (DEBT). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £XXXX and further interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 0.00% per annum amounting £0.00

I'm trying to fill out the form for CPR 31.14, but unsure what needs to go in the below:

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!) for EXAMPLE
1. Agreement / Contract


I guess the only thing I should request is notice of assignment?
What date should i put on the first line? The date i intend to submit my defence?

Thanks guys!

[echat11]

Fill in the following and copy and paste back to this thread without 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:

a) I guess the only thing I should request is notice of assignment?

Ask for Agreement, Default Notice and Letter of Assignment.

b) What date should i put on the first line? The date i intend to submit my defence?

Just write the following - 'To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence'.

[Chillibeat20]

Received a claim? Yes/No: Yes
Issue Date: 02/10/2024
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £1200
Claimant’s Name: Lantern Debt Recovery
Solicitors Firm: Moriarty Law Limited
Original Creditor: Gain Credit LLC
Original Debt (eg. Credit card/Loan/Overdraft) : Loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The defendant owes the claimant £XXXX under the regulated loan agreement with XXX also known as XXX dated XX/XX/2019 and which was assigned to the claimant on XX/XX/2024 and notice was given to the defendant on XX/XX/2024 (DEBT). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £XXXX and further interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 0.00% per annum amounting £0.00
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No contact
List any letters you have sent (eg: CCA/ CPR ): Sending both today
Any Other Information or Background Details:

a) Thanks will ask for those 3

b) will replace with this statement

Thanks for the prompt response!

[Chillibeat20]

Hi echat11 ,

Ive sent the CCA and CPR. Do I need to do anything else with my actual claim in the meanwhile? Let the courts know that I am waiting for info back from the claimaint and their solicitors?

thanks!

[echat11]

Hi echat11 ,

Ive sent the CCA and CPR. Do I need to do anything else with my actual claim in the meanwhile? Let the courts know that I am waiting for info back from the claimaint and their solicitors?

thanks!

Your Defence needs to be lodged with Court within 28 days of the issue date on the claim form. Ask their solicitors for an extension, quote 'CPR 15.5', explain that, that will allow the requested documents to be sent to you.

[Chillibeat20]

Hi echat11 ,

Since this is included in the CPR request I gather I now need to wait for their solictors to send me and the court something stating they accept the extension, is that right?

The claim was dated 02/10, I've extended it from 21 days to 28 via the portal, is there anytihng else I should be doing now before receiving anything back from their solicitors?

Is there anything i need to do in the gov portal right now?

Sorry if I've just repeated the same question!

[echat11]

For clarity, the claim form has an issue date 02/10/24.

From that date, you have 14 days (plus 5 days postal) to submit your Defence (you need to Acknowledge of Service within the 14 days, to get the extra 14 days).

If you Acknowledge of Service, you get an extra 14 days (plus 5) days postal to submit your Defence.

If you believe you won't get any information back before your Defence is due, write to their solicitors requesting an extension which are allowed under CPR 15.5. They will come back to you 'if they will allow an extension and for how long'.

[JK2054]

Hi echat11 ,

Since this is included in the CPR request I gather I now need to wait for their solictors to send me and the court something stating they accept the extension, is that right?

The claim was dated 02/10, I've extended it from 21 days to 28 via the portal, is there anytihng else I should be doing now before receiving anything back from their solicitors?

Is there anything i need to do in the gov portal right now?

Sorry if I've just repeated the same question!

No nothing else you need to do now, just DO NOT miss your defence date, No matter what you file a defence. No documents still file defence, no exceptions.

[Chillibeat20]

Thanks both echat11 JK2054 ,

So issue date 02/10 + 5 days gives me until 28/10 to submit my defence? I did acknowledge within 14 days.

Will give them a few days but its unlikely i'll receive anything back come 28th (Monday) given the letters only arrived with them today.
Will draft and send an additional letter to the solicitors requesting an extension (CPR15.5) although this was a statement in my original CPR.

I will also start drafting my defence, do either of you have a guide? The links above are saying error 404 so the pages wont load for me, whereas they were a few days ago.

Thanks

[echat11]

Thanks both echat11 JK2054 ,

So issue date 02/10 + 5 days gives me until 28/10 to submit my defence? I did acknowledge within 14 days.

Will give them a few days but its unlikely i'll receive anything back come 28th (Monday) given the letters only arrived with them today.
Will draft and send an additional letter to the solicitors requesting an extension (CPR15.5) although this was a statement in my original CPR.

I will also start drafting my defence, do either of you have a guide? The links above are saying error 404 so the pages wont load for me, whereas they were a few days ago.

Thanks

Hopefully the link will be updated shortly.

[echat11]

Your other thread regarding the other case (Lowell's) has a Defence based on the Template, but clearly certain facts will be different.

[JK2054]

sorry im lost. how can your CPR 31.14 only be arriving yesterday if defence is 28/10 did you wait ages to submit it or something?

[Chillibeat20]

thanks echat11 , I've drafted the below. Did you mind reviewing today please? I will use the instrictuon of sending via email on my prev thread and have tried to update it as best I can.

JK2054 - yes had been away for an extended period unfortunately, luckily the trip was reduced by 1 week or I'd have missed the whole thing. Never a good time!


In the Northampton County Court Business Centre

Claim No: [XXXXX]

Gain Credit LLC

Claimant

And

[XXXXX]

Defendant

DEFENCE

1.The Defendant received the claim XXX from the Northampton County Court on XX/10/2024.

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 Personal Loan regulated under the Consumer Credit Act 1974.

4.It is not admitted that the Defendant has previously entered into an agreement with XXX 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 state that the agreement was entered into on XX/10/2019.

7.The Claimants statement of case states that the account was assigned to the claimant on XX/05/2024. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Gain Credit LLC 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/10/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriatry Law Limited, I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.On the XX/10/2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.The Claimant has not yet provided the required documents, albeit still within the required timeframe and is so far yet to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement. The Claimant has confirmed they have received the request, the Defendant received a letter on XX/10/2024 explaining that the Claimant customer service will be in touch, but did not specify a time frame.

12.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.

13.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.

14.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.

15.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 ________

[echat11]

a) No4 is that correct?

Read it several times, if your happy with it, it can be lodged with the Court via MCOL. You could post a copy to the Creditors solicitor, make sure you get Proof of Postage.

In the Northampton County Court Business Centre

Claim No: [XXXXX]

Gain Credit LLC

Claimant

And

[XXXXX]

Defendant

DEFENCE

1.The Defendant received the claim XXX from the Northampton County Court on XX/10/2024.

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 Personal Loan regulated under the Consumer Credit Act 1974.

4.It is not admitted that the Defendant has previously entered into an agreement with XXX 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 state that the agreement was entered into on XX/10/2019.

7.The Claimants statement of case states that the account was assigned to the claimant on XX/05/2024. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Gain Credit LLC 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/10/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriatry Law Limited, I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.The Claimant has not yet provided the required documents, albeit still within the required timeframe.

11.On the XX/10/2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Creditor has yet to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement. The Claimant has confirmed they have received the request, the Defendant received a letter on XX/10/2024 explaining that the Claimant customer service will be in touch, but did not specify a time frame.

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 ________

[Chillibeat20]

Thanks as always echat11 , no4 was marked as not admitted as i couldnt find any reference of a personal loan from gain credit, but did have one from lending stream that mirror the dates, not sure if they rebranded to gain credit but when I google gain credit i do see a link with lending stream. Do you think based on the dates mirroring up and the link between gain and lending stream i should mark that as admitted?

Cheers