• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Receipt of Defence

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Receipt of Defence

    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

    Tags: None

  • #2
    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

    Comment


    • #3
      Originally posted by MIKE770 View Post
      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

      Comment


      • #4
        Amethyst

        Comment


        • #5
          If you filed your defence you should wait until you hear from the court with directions for you to file a directions questionnaire.
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          1 of 2 < >

          SHORTCUTS

          Pre-Action Letters
          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Witness Statements
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          2 of 2 < >

          Need Formal Help?




          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          See more
          See less

          Court Claim ?

          Guides and Letters



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Loading...
          Working...
          X