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Hi Guys,
I have been reading the posts that relate to defence of court claims here. Thanks for the post and hope I will get some love and help here as well.
I received a court claim dated 23.01.25 and I have acknowledged the claim to get the extra days for my defence which I hope to do this weekend.
TM Legal is claiming on behalf of Perch capital on a drawdown loan issued on 10.02.17. There was no communication or payment made to the My Jar or Perch. The first communication was to Moriety Law on 02.04.24. This I believe made it status barred. The claimant sent me an email that a default was sent in 2019. Then it sent another email that it was a termination notice. I sent a postal order and self addressed envelope to request for CCA, statements and any notice of default. An email with 3 attachments of the termination notice( addressed from My Jar, to My Jar, does not have my address, and has my first name), a drawdown statement (no address, and no name), and a one page statement with no default or notice. There is no record of this drawdown or initial loan on Equifax, and on Clear score, the remnant of the my jar statement does not have a Default against my name.
Below is the defence (I used the draft from this forum) that I intend to send this weekend.
I am hoping you guys will take time to read through and advice.
Many thanks.
In the Northampton County Court Civil Business Centre.
Claim No: XXXXX
CLAIMANT: XXXXXXXXXX.
DEFENDANT: XXX XXXXX
DEFENCE
1.The Defendant received the claim XXXX from the Northampton County Court civil business centre on XXX.
2.Each allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Loan 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 My Jar for provision of credit. Credit agreement number XXXX on XXXX. And a supposed advance on this original credit on XXX, which is the case the claimant is based on.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. A £1 postal order was sent by recorded delivery requesting that the claimant send to me, the original copy of the Credit agreement for the loans; the statement for these loans; and any default or default notice associated with these loans. A reply from the claimant by email was sent to me with 3 attachments of, the annual statement dated XXX; a drawdown summary that was not dated; and a Termination notice dated XXXX, which does not have my full name, does not have my address, but addressed from My jar and to My Jar.
6.The Claimant’s Particulars of Claim fail to state when the agreement was entered.
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. From 10.02.2017 to 02.04.24. The first of three status barred letters were sent on 02.04.24 by the Defendant to the claimants and its representatives, Moriety Law and TM Legal.
8.The Claimants statement of case states that the account was assigned from the original Creditor My Jar to Claimant Perch Capital. The Defendant does not recall receiving the notice of this assignment.
9.It is denied that the original Creditor My Jar 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 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. The Claimant did not produce on request the said Default notice, but instead produce a Termination notice that does not have the Defendant full name, address, but was address from My Jar and to My Jar.
10.On the 04.10.24, 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 Perch Capital and its Solicitor, TM Legal. I requested the Claimant provide copies of the Credit Agreements, statements of the loans, Default Notice and Notice of Assignment.
11. The Claimant’s Solicitor has not sent any of these documents to the Defendant. It however sent the annual statement and a drawdown summary for the advance loan (which does not have the Defendants details), and a Termination notice which also does not have the Defendants details printed on it.
12.On 04.10.24 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 said 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 that the said loan is status barred as stated in the provision stated above, and since the claimant was unable to, or has failed to provide the necessary documentation, the Claim should be 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 document 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 _______________________________
I have been reading the posts that relate to defence of court claims here. Thanks for the post and hope I will get some love and help here as well.
I received a court claim dated 23.01.25 and I have acknowledged the claim to get the extra days for my defence which I hope to do this weekend.
TM Legal is claiming on behalf of Perch capital on a drawdown loan issued on 10.02.17. There was no communication or payment made to the My Jar or Perch. The first communication was to Moriety Law on 02.04.24. This I believe made it status barred. The claimant sent me an email that a default was sent in 2019. Then it sent another email that it was a termination notice. I sent a postal order and self addressed envelope to request for CCA, statements and any notice of default. An email with 3 attachments of the termination notice( addressed from My Jar, to My Jar, does not have my address, and has my first name), a drawdown statement (no address, and no name), and a one page statement with no default or notice. There is no record of this drawdown or initial loan on Equifax, and on Clear score, the remnant of the my jar statement does not have a Default against my name.
Below is the defence (I used the draft from this forum) that I intend to send this weekend.
I am hoping you guys will take time to read through and advice.
Many thanks.
In the Northampton County Court Civil Business Centre.
Claim No: XXXXX
CLAIMANT: XXXXXXXXXX.
DEFENDANT: XXX XXXXX
DEFENCE
1.The Defendant received the claim XXXX from the Northampton County Court civil business centre on XXX.
2.Each allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Loan 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 My Jar for provision of credit. Credit agreement number XXXX on XXXX. And a supposed advance on this original credit on XXX, which is the case the claimant is based on.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. A £1 postal order was sent by recorded delivery requesting that the claimant send to me, the original copy of the Credit agreement for the loans; the statement for these loans; and any default or default notice associated with these loans. A reply from the claimant by email was sent to me with 3 attachments of, the annual statement dated XXX; a drawdown summary that was not dated; and a Termination notice dated XXXX, which does not have my full name, does not have my address, but addressed from My jar and to My Jar.
6.The Claimant’s Particulars of Claim fail to state when the agreement was entered.
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. From 10.02.2017 to 02.04.24. The first of three status barred letters were sent on 02.04.24 by the Defendant to the claimants and its representatives, Moriety Law and TM Legal.
8.The Claimants statement of case states that the account was assigned from the original Creditor My Jar to Claimant Perch Capital. The Defendant does not recall receiving the notice of this assignment.
9.It is denied that the original Creditor My Jar 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 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. The Claimant did not produce on request the said Default notice, but instead produce a Termination notice that does not have the Defendant full name, address, but was address from My Jar and to My Jar.
10.On the 04.10.24, 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 Perch Capital and its Solicitor, TM Legal. I requested the Claimant provide copies of the Credit Agreements, statements of the loans, Default Notice and Notice of Assignment.
11. The Claimant’s Solicitor has not sent any of these documents to the Defendant. It however sent the annual statement and a drawdown summary for the advance loan (which does not have the Defendants details), and a Termination notice which also does not have the Defendants details printed on it.
12.On 04.10.24 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 said 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 that the said loan is status barred as stated in the provision stated above, and since the claimant was unable to, or has failed to provide the necessary documentation, the Claim should be 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 document 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 _______________________________
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