I never acknowledged letter before claim now I've recieved claim form

[jaguarsuk]

I’m not around for the rest of the day, but if you have a crack at amending the Example Defence then post it here I can have a look tomorrow.

[Speng1]

Ok Thank you so much. I'll be at work all day tomorrow till 10.30 PM. When I finish, I'll have a go after work and post it for Saturday morning if that's ok.

Thanks again.

[Speng1]

Here is my amended Defence. Please check if you can as its due Monday and I want to send it online tommorow please.


DEFENCE

1.I received the claim [Claim Number] from the Northampton County Court on or around the 09/05/2019

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 agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into [an agreement] with [Halifax Bank] 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 [fails to state when the agreement was entered into]

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]

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. I do not recall receiving notice of this assignment.

9.It is denied that [Halifax] 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 [30/05/2019] 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 On the 30/05/2019, I also sent a Subject Access Request under the Data Protection Act to Halifax Bank.

12.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.


13. On the [30/05/2019] 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.

14. 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.

16. I have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

17. 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.

18. I respectfully 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.

19. In the event that the relevant documents are received from the Claimant, I will then be in a position to amend my defence, and would ask that the Claimant bear the costs of the amendment.

20. 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

Can you tell me if this is ok please.

I'm not sure on point 4 or the wording I should use.

Also point 7 as as far as im aware i haven't made any payments in over 6 years buy may have payed £1 by mistake at some point.

Is point 9 ok.

Regarding point 16, I haven't contacted the claimant to ask for extension. I could possible ring them today.

To date, I received no corespondance regarding SAR or CPR 31.14.

Thank you so much in advance.

[Speng1]

I'm so sorry to ask again but could I please get some help / my defence checked as I must complete my defence online by tomorow the latest.

I don't mean to be a pain.

Thanks.

[Speng1]

I submitted my final defence.

I Tryed my best. Point 8 I wasn't sure of ? and thanks again to all whom helped. I will keep you posted on any updates. God Bless.

In the (County Court Business Centre)

Claim No: xxxxxx

(Arrow Global Limited)
Arrow Global Limited
And
Defendant.

DEFENCE

1.The Defendant received the claim from the Northampton County Court on or around the xxxxxx

2.Each and every allegation in the Claimants statement of case is denied.

3.This claim appears to be for a credit agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has entered into an agreement with Halifax for provision of credit.

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

6.The Claimants Particulars of Claim fails to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Lloyds Banking Group to the Claimant. The Defendant
does not recall receiving notice of this assignment.

8.The Defendant has no recollection of having held any credit account with Halifax and is unaware of any outstanding debt.

9.The Defendant has checked his credit file and there is no entry with regards any debt owed to Halifax / Arrow Global Limited.

10.The Claimants statement of case states that the account was assigned from Halifax to Lloyds Banking Group and has failed to state when the account was assigned. The Defendant does not recall receiving notice of this assignment.

11.It is denied that Halifax 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.

12.On the xxxxxx The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to XXXX SOLICITORS. The Defendant requested the Claimant provide copies of the Agreement, Default
Notice and Notice of Assignment].

13.XXXX Solicitors has not sent any of these documents to the Defendant.

14. On the xxxxxx The Defendant sent a formal request for a copy of the original agreement to The Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974.

15 On the xxxxxx, The Defendant sent a SAR request under the Data Protection Act to Halifax. The Defendant hasn't yet had a response.

16. 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.

17. 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.

18. The Defendant respectfully request 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

19. 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 Claimant bear the costs of the amendment

20.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 ____________________

[jaguarsuk]

Apologies I don’t come on here at weekends, this seems fine for where we are up to right now. Next the court should send you case management forms, there’s a link in my signature of how to complete those.

[Speng1]

Excellent. Yes so far I think the Defence is ok and thanks for the clarification. I will read the link in your sign and update when ready.

[Speng1]

Good Evening . Today I recieved a letter back with regards to the Data SAR request which stated that they couldn't verify me with there records due to me not giving them my date of birth or any product number held or have held with them.

I take it I will have to resend that same letter with date of birth. Will send this first thing tomorrow.

No responce to Cpr31.14 as yet.

Recieved letter from court acknowledging reciept of my defence and a brief explanation on what happens next ie a copy being served on the Claimant etc.

Thats all atm.

[jaguarsuk]

Just a waiting game now for a case management directions.

[Speng1]

Ok. Let's see how it goes. Thank you.

[Speng1]

Update to date. I received a letter from court stating that a copy of defence is being served on claimant etc. They explain that the claimant must respond within 28 days or it becomes stayed etc.

I also received a letter from solicitor saying they acknowledged receipt of CPR 31 14.14 request and they are liasing with client for the relevant documentation .

They then go on to say upon receipt of those documents we agree to further 28 days extension in accordance with CPR 15.5 in order to file my defence.

I've already filed my defence ?

I'M currently waiting for SAR request as they said they required my date of birth so I resent them the amended SAR request.

That is the current status at present.

[charitynjw]

Update to date. I received a letter from court stating that a copy of defence is being served on claimant etc. They explain that the claimant must respond within 28 days or it becomes stayed etc.

I also received a letter from solicitor saying they acknowledged receipt of CPR 31 14.14 request and they are liasing with client for the relevant documentation .

They then go on to say upon receipt of those documents we agree to further 28 days extension in accordance with CPR 15.5 in order to file my defence.

I've already filed my defence ?
I'd drop them a line asking them to clarify, as your defence has been filed & they already have 28 days to respond.

I'M currently waiting for SAR request as they said they required my date of birth so I resent them the amended SAR request.

That is the current status at present.

####

[Speng1]

Drop them a line as in phone them or send a letter ?

[Speng1]

Maybe they sent the letter before receiving my defence. I'll double check the date they sent it.

[Amethyst]

It sounds like they will have, it's quite a standard letter to receive in response to the cpr request.