Re: Court Claim - Asset Collection / LS - 16-10-2017
Should I just work on this amendment and email the court only,
In the Northampton County Court Business Centre
Claim No: [xxxxxx]
[Asset Collections]
Claimant
And
[xxxxxxxxxx]
Defendant
DEFENCE
1. I received the claim [xxxxxxx] from the Northampton County Court Business Centre dated xxxxxxx on [xx/xx/xxxx]
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 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 (Lending Stream) for provision of credit, however the Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards their claim. just merged paras
5. The Claimant’s Particulars of Claim fail to state how the sum claimed has been calculated, the terms of any account or when the alleged agreement was entered into. can't see the POC on the thread to check if that is correct
6. The Claimants statement of case states that the account was assigned from the Original Creditor (Lending Stream) to Claimant (Asset Collections). does it give a date at all?? The Defendant does not recall receiving notice of this assignment. The Claimant is required to evidence they hold the legal right to bring this claim.
7. It is denied that Original Creditor (Lending Stream) 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.
8. On the Date(xxx), I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
9. The Claimant’s Solicitor has not sent any of these documents to me.
10. On the Date(xxx), I also sent a formal request for a copy of the original agreement to Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my 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
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
Should I just work on this amendment and email the court only,
In the Northampton County Court Business Centre
Claim No: [xxxxxx]
[Asset Collections]
Claimant
And
[xxxxxxxxxx]
Defendant
DEFENCE
1. I received the claim [xxxxxxx] from the Northampton County Court Business Centre dated xxxxxxx on [xx/xx/xxxx]
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 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 (Lending Stream) for provision of credit, however the Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards their claim. just merged paras
5. The Claimant’s Particulars of Claim fail to state how the sum claimed has been calculated, the terms of any account or when the alleged agreement was entered into. can't see the POC on the thread to check if that is correct
6. The Claimants statement of case states that the account was assigned from the Original Creditor (Lending Stream) to Claimant (Asset Collections). does it give a date at all?? The Defendant does not recall receiving notice of this assignment. The Claimant is required to evidence they hold the legal right to bring this claim.
7. It is denied that Original Creditor (Lending Stream) 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.
8. On the Date(xxx), I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
9. The Claimant’s Solicitor has not sent any of these documents to me.
10. On the Date(xxx), I also sent a formal request for a copy of the original agreement to Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my 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
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
Comment