Need help with the next steps for defending claim

[AE011]

Great. Thank you very much for the guidance. I’ll make a start on that this evening

[AE011]

So this is what my defence is currently looking like. Please advise on where I need to include or remove certain information as i'm not 100% sure what I need to be referring to.



In the Northampton County Court Business Centre

Claim No:[XXXXX]

Arrow Global Limited

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 27/01/2020

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 Bank Overdraft agreement.

4.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.

5.The Defendant has a letter from the Claimant dated 25/07/2019 confirming limitation of the alleged debt expired 25/10/2019

6.The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited. The Defendant does not recall receiving notice of this assignment.

7.It is denied that HSBC 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.

8.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.

9.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.

10.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.

11.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.

12.It is denied that the Claimant is entitled to the relief as claimed or at all.

[GBExile]

".5 - The Defendant has received a letter from the Claimant dated 25/07/2019 confirming limitation of the alleged debt expired 25/10/2019 & that the debt as far as the Claimant is concerned is statute barred from the 25/10/2019 as outlined under the Limitation Act 1980 which places a time limit of six years on any outstanding unsecured debts
"
"6 - It appears that the Claimant is correct that the alleged debt is statute barred under the Limitation Act 1980"


??

[AE011]

Thank you. Are there any other points you'd suggest me adding or is that defence sufficient?

[GBExile]

Thank you. Are there any other points you'd suggest me adding or is that defence sufficient?

That is your defence unless they do not supply you with the documents requested CCA, CPR & Subject Access. Make sure you send those letters off too.

Unless they withdraw their claim you can add further details to a witness statement when the time comes*

Add also "7 - I have requested documents under CCA & CPR 31.14 but I am yet to receive a response*

[AE011]

Ok great. I'll get those letters sent off ASAP also

[GBExile]

Ok great. I'll get those letters sent off ASAP also

See amendment I made to above post.*

[AE011]

Just to confirm, the CCA letter goes to the Claimant, the CPR 31.14 to the Solicitors and the SAR to HSBC?

[GBExile]

Just to confirm, the CCA letter goes to the Claimant, the CPR 31.14 to the Solicitors and the SAR to HSBC?

yep. You have got it

[GBExile]

Oh & ADD my stuff into your defence in that order. Do not delete anything you wrote in place off it.*

[AE011]

Ok. Thank you for your help*

[GBExile]

Ok. Thank you for your help

Sorry. Delete your 5 & add my 5 in.

6 & 7 add in & renumber yours.
*

[AE011]

Sorry. Delete your 5 & add my 5 in.

6 & 7 add in & renumber yours.

Ok, will do

[GBExile]

Amethyst*

Anything that I have missed or done wrong?

[Amethyst]

The payment allegedly made in October 2013 - was that identifiable ? ie. was it a payment in to the account from another account of yours ?

They haven't provided a date of default or termination yet have they ? ( if you were actually using the account in October 2013 it isn't beyond the realms that the overdraft wasn't actually called in until Jan/Feb 2014 ) so you want to check your records on that. Is it on your credit file ?

Take the closed brackets out of the CCA request section ( it is fine to include that para otherwise though as the claim particulars don't specify it was an overdraft )

When filing exhibits later on ensure you have a copy of the letter you sent to them saying you do not acknowledge the debt, just in case they try to argue your contact was acknowledgment.

But that letter you've posted in post #9 pretty much kills their case. Bit daft to send that then not bother issuing a claim until January.

Other small amend...

3.This claim appears to be for a Bank Overdraft agreement.

change to

3. The claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974.