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If I can’t give exact dates, can I say that the CCA request was sent on or about?
should I not mention s77 at all? I think I have gone over the 14 day limit... Really genuinely don’t have time for all this stuff I don’t even understand.
If they end up winnjng due to me missing the deadline I can take it back to court (appeal or whatever)? Right?
I don’t have the mental capacity to do this right now. New boiler finally getting fitted next week though!
Here is what I have so far, literally just copy and pasted.
1. I received the claim [Claim Number] from the Northampton 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 catalogue account agreement regulated under the Consumer Credit Act 1974.
4. . The Defendant denies that he was in breach of the said agreement either as alleged in the Particulars of Claim or at all.
5. Alternatively, if, which is denied, the Defendant was in breach of the said agreement, then the breach is not enforceable by the Claimant in that:
(a) Contrary to s 87(1) of the Consumer Credit Act 1974 ('the Act) the Claimant failed to serve on the Defendant any default notice.
(b) Contrary to s 88 of the Act and Regulation 2(2)(a) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the Regulations'), the default notice alleged by the Claimant to have been served on the Defendant did not state that it was served under s 87(1) of the Act.
(c) Contrary to s 88 of the Act and Regulation 2(2)(b) of the Regulations, the default notice did not contain the information set out in paragraphs 1, 2, 3, 6 and 8 of Schedule 2 to the Regulations.
(d) Contrary to s 88 of the Act and Regulation 2(2)(c) of the Regulations, the default notice did not contain statements in the form specified in paragraphs 4, 5, 7, 9 10 and 11 of Schedule 2 to the Regulations.
(e) Contrary to s 88(1)(b) of the Act, the default notice failed to state what action was required to remedy the breach or the date before which the action was to be taken.
(f) Contrary to s 88(2) of the Act, the default notice specified a date for remedying the breach which was less than 14 days after the date of service of the default notice.
6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
9. It is denied that Next 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.
10. On the [Date] I 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 me.
12. On the [Date] I 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 agreement.
14. 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.
15. 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.
16. 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.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.
I know I have bits to amend etc, but I’m so unsure of mysef I keep opening the document and staring at it.
Thanks for your help and patience with me. I’m sorry I’m not getting it by now!
should I not mention s77 at all? I think I have gone over the 14 day limit... Really genuinely don’t have time for all this stuff I don’t even understand.
If they end up winnjng due to me missing the deadline I can take it back to court (appeal or whatever)? Right?
I don’t have the mental capacity to do this right now. New boiler finally getting fitted next week though!
Here is what I have so far, literally just copy and pasted.
1. I received the claim [Claim Number] from the Northampton 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 catalogue account agreement regulated under the Consumer Credit Act 1974.
4. . The Defendant denies that he was in breach of the said agreement either as alleged in the Particulars of Claim or at all.
5. Alternatively, if, which is denied, the Defendant was in breach of the said agreement, then the breach is not enforceable by the Claimant in that:
(a) Contrary to s 87(1) of the Consumer Credit Act 1974 ('the Act) the Claimant failed to serve on the Defendant any default notice.
(b) Contrary to s 88 of the Act and Regulation 2(2)(a) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the Regulations'), the default notice alleged by the Claimant to have been served on the Defendant did not state that it was served under s 87(1) of the Act.
(c) Contrary to s 88 of the Act and Regulation 2(2)(b) of the Regulations, the default notice did not contain the information set out in paragraphs 1, 2, 3, 6 and 8 of Schedule 2 to the Regulations.
(d) Contrary to s 88 of the Act and Regulation 2(2)(c) of the Regulations, the default notice did not contain statements in the form specified in paragraphs 4, 5, 7, 9 10 and 11 of Schedule 2 to the Regulations.
(e) Contrary to s 88(1)(b) of the Act, the default notice failed to state what action was required to remedy the breach or the date before which the action was to be taken.
(f) Contrary to s 88(2) of the Act, the default notice specified a date for remedying the breach which was less than 14 days after the date of service of the default notice.
6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
9. It is denied that Next 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.
10. On the [Date] I 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 me.
12. On the [Date] I 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 agreement.
14. 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.
15. 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.
16. 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.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.
I know I have bits to amend etc, but I’m so unsure of mysef I keep opening the document and staring at it.
Thanks for your help and patience with me. I’m sorry I’m not getting it by now!
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