Tweet
Hi Amethyst
Have a few questions Regarding point 2,8,9,16&17.
On SAR,the Claimant disclosed a copy of agreement.
Received CCA on yesterday,the Solicitors mention " Our client has responded advising that a copy of the Original Agreement is not available.
Do i need to amended 8 & 9 to:
8.In respect of matters, which the Defendant is able to plead to, on the 23/10/2019 the Defendant made a Subject Access Request to the Claimant. The request was made pursuant to the Date Protection Act 2018 to Claimant,to obtain copies of any data they held relating to me or the account.
9.On the 29/10/2019 , in response to the statutory request referred to in paragraph 7 above, the Claimant disclosed a copy of an alleged agreement which is stated to be between Sygma Bank UK (Creation) and the Defendant.It did not include any notice of default or termination nor any copy of executed agreement.
On SAR & CCA,the Claimant attached statement,should i amend 2 & delete 16&17.
Should i added 22?
Thanks again.
1.The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.
2.The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant; the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its' case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to re-plead their defence should the Claimant re-plead its claim adequately. The Defendant requests the court order the Claimant to pay the cost of such amendment.
3.The Defendant accepts the claim was issued in the Northampton County Court bulk centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.
4.The Claimant issued this claim against the Defendant on 07/10/2019
5.The sparse particulars of claim state that “The Defendant [D] held the accounts as listed below with the Claimant [C]. The D failed to pay the sums due to C when demanded and the sums listed below remain outstanding. Account Number xxxxxx Debt Balance £2375.18”
6.It is denied that the Defendant entered into an agreement with Creation Financial Services Limited or that he is indebted to Creation Financial Services Limited as claimed or at all.
7.Upon the Claimant clarifying matters set out in paragraphs 5 above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.
8.In respect of matters, which the Defendant is able to plead to, on the 23/10/2019 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.
9.On the 29/10/2019 , in response to the statutory request referred to in paragraph 7 above, the Claimant disclosed a copy of an alleged agreement which is stated to be between Sygma Bank UK (Creation) and the Defendant.
10.The agreement states in the definitions that “ We'/'our'us' definition of "Syma Bank UK (whose ultimate parent company of Cofinoga SA)”
11.The agreement also states “Other services may be provided from time to time by Creation Financial Services Limited and other associated companies” This is the only mention of the Claimant in the entire agreement and evidences that the agreement on which the Claimant intends to rely cannot have been entered into between themselves and the Defendant.
12.The Claimant does not plead that Sygma Bank UK have assigned the rights or responsibilities under the agreement to the Claimant. Therefore the Claimant has no cause of action.
13.The Claimant does not plead that the account entered into Default or was Terminated. Therefore the Claimant has no cause of action.
14.The alleged Agreement states that the ‘Credit Intermediary’ is ‘ASDA Stores Limited.
15.It appears to have been entered into in April 2013 although the agreement is dated October 2012. The Defendant does not recognise the agreement provided and the Claimant is put to strict proof.
16.The Defendant recognises that he held an ASDA branded credit card in the past with a credit limit attached of £1150.
17.The Claimant is required to evidence how the sum claimed has been calculated.
18.It is denied that the Claimant served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
19.In the premise that the disclosures and pleadings are inadequate, the Defendant is faced with difficulty in pleading further
20.For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the complete documents upon which the Claim is based. In the event the Claimant fails to re-plead, then the Defendant invites the court to issue whatever orders it deems fit including an order striking the Claim out.
21.The claim is denied.
22.The particulars of claim are poor, non-compliant with CPR16 and most importantly, fails to identify a default notice which, according to the Court of Appeal in PRA v Doyle, the default notice is fundamental to bringing a claim for outstanding sums and that a failure is non compliance is an unanswerable strike out.
Have a few questions Regarding point 2,8,9,16&17.
On SAR,the Claimant disclosed a copy of agreement.
Received CCA on yesterday,the Solicitors mention " Our client has responded advising that a copy of the Original Agreement is not available.
Do i need to amended 8 & 9 to:
8.In respect of matters, which the Defendant is able to plead to, on the 23/10/2019 the Defendant made a Subject Access Request to the Claimant. The request was made pursuant to the Date Protection Act 2018 to Claimant,to obtain copies of any data they held relating to me or the account.
9.On the 29/10/2019 , in response to the statutory request referred to in paragraph 7 above, the Claimant disclosed a copy of an alleged agreement which is stated to be between Sygma Bank UK (Creation) and the Defendant.It did not include any notice of default or termination nor any copy of executed agreement.
On SAR & CCA,the Claimant attached statement,should i amend 2 & delete 16&17.
Should i added 22?
Thanks again.
1.The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.
2.The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant; the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its' case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to re-plead their defence should the Claimant re-plead its claim adequately. The Defendant requests the court order the Claimant to pay the cost of such amendment.
3.The Defendant accepts the claim was issued in the Northampton County Court bulk centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.
4.The Claimant issued this claim against the Defendant on 07/10/2019
5.The sparse particulars of claim state that “The Defendant [D] held the accounts as listed below with the Claimant [C]. The D failed to pay the sums due to C when demanded and the sums listed below remain outstanding. Account Number xxxxxx Debt Balance £2375.18”
6.It is denied that the Defendant entered into an agreement with Creation Financial Services Limited or that he is indebted to Creation Financial Services Limited as claimed or at all.
7.Upon the Claimant clarifying matters set out in paragraphs 5 above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.
8.In respect of matters, which the Defendant is able to plead to, on the 23/10/2019 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.
9.On the 29/10/2019 , in response to the statutory request referred to in paragraph 7 above, the Claimant disclosed a copy of an alleged agreement which is stated to be between Sygma Bank UK (Creation) and the Defendant.
10.The agreement states in the definitions that “ We'/'our'us' definition of "Syma Bank UK (whose ultimate parent company of Cofinoga SA)”
11.The agreement also states “Other services may be provided from time to time by Creation Financial Services Limited and other associated companies” This is the only mention of the Claimant in the entire agreement and evidences that the agreement on which the Claimant intends to rely cannot have been entered into between themselves and the Defendant.
12.The Claimant does not plead that Sygma Bank UK have assigned the rights or responsibilities under the agreement to the Claimant. Therefore the Claimant has no cause of action.
13.The Claimant does not plead that the account entered into Default or was Terminated. Therefore the Claimant has no cause of action.
14.The alleged Agreement states that the ‘Credit Intermediary’ is ‘ASDA Stores Limited.
15.It appears to have been entered into in April 2013 although the agreement is dated October 2012. The Defendant does not recognise the agreement provided and the Claimant is put to strict proof.
16.The Defendant recognises that he held an ASDA branded credit card in the past with a credit limit attached of £1150.
17.The Claimant is required to evidence how the sum claimed has been calculated.
18.It is denied that the Claimant served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
19.In the premise that the disclosures and pleadings are inadequate, the Defendant is faced with difficulty in pleading further
20.For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the complete documents upon which the Claim is based. In the event the Claimant fails to re-plead, then the Defendant invites the court to issue whatever orders it deems fit including an order striking the Claim out.
21.The claim is denied.
22.The particulars of claim are poor, non-compliant with CPR16 and most importantly, fails to identify a default notice which, according to the Court of Appeal in PRA v Doyle, the default notice is fundamental to bringing a claim for outstanding sums and that a failure is non compliance is an unanswerable strike out.
Comment