Receipt of Defence

[Alex1404]

I have submitted my defence and i have receive a letter from NCCBC saying a copy is being served on the claimant.The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you or what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after received a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

I requested both CCA Request (to claimant) and CPR 31.14 Request (to claimants solicitors) and is been all most 3 weeks and they still haven't been able to provide it, i received letter from them saying i should give them 28 days.

What should i do

Thanks

[MIKE770]

nothing the court rules from now on, it is up to them whether they supply now or later in the case, your defence should of gone off 2 days before due date as to stop them trashing it (hopefully they cannot at this stage) what did you put in your defence? and tell us what it is all about the case??? ask on here before you respond to any correspondence as you can make a big mistake not knowing,, also read other threads and see the procedure court run?

28 days is to respond to defence

CCA is 12+ 2 before unenforceable, but case can go on as they can if they have it supply later in case CPR31,14 did you state requested in defence?, and did you read instruction top right of court cases how to do things

[Alex1404]

nothing the court rules from now on, it is up to them whether they supply now or later in the case, your defence should of gone off 2 days before due date as to stop them trashing it (hopefully they cannot at this stage) what did you put in your defence? and tell us what it is all about the case??? ask on here before you respond to any correspondence as you can make a big mistake not knowing,, also read other threads and see the procedure court run?

28 days is to respond to defence

CCA is 12+ 2 before unenforceable, but case can go on as they can if they have it supply later in case CPR31,14 did you state requested in defence?, and did you read instruction top right of court cases how to do things

Thanks for the prompt response

1. I submitted my defence 1 week before the deadline
2.This was a Capital-one credit card and store card owed 10 years, It was defaulted on my credit file for 6 years, the default came off my credit file about 4 years.

My defence which i sent

DEFENCE
1.The Defendant received the claim ----- from the Northampton County Court on 10.10.2019

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim ------- agreement regulated under the Consumer Credit Act 1974.

4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim

5.The Claimant’s Particulars of Claim states the agreement was entered into on 22 August 2009

6.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

7.The Claimants statement of case states that the account was assigned from -------- on 30.11.2011 The Defendant does not recall receiving notice of this assignment.

8.On the 19.10.2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. ------- solicitors has not sent any of these documents to the Defendant.

10.On the 19.10.2019 The Defendant sent a formal request for a copy of the original agreement to ------- solicitors pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.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.

12.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.

13.The Defendant respectfully requests 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.

14.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.

15.It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth

[MIKE770]

Amethyst

[Amethyst]

If you filed your defence you should wait until you hear from the court with directions for you to file a directions questionnaire.