Please help, My Defence is not strong

[Temmy99]

Hi there, I have used the sample Defence to write out my defence but it does not appear convincing and I am starting to panic due to the time left to file. This is what I have written so far*

In the Northampton County Court Business Centre

** *** *** *** *** *** *** *** *Claim No: xxxxxxx

Claimant
And


Defendant
1.** *The Defendant received the claim xxxxxxx from the Northampton County Court on the 21st February 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 Credit Card 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 xx/xx/xxxx

6.** *The Claimants statement of case states that the account was assigned from xxxx to xxxx * on xx/xx/xxxx. The Defendant does not recall receiving notice of this assignment.

7.** *The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the 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.** *On the xx/xx/xxxx, The Defendant sent a request for Inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to xxxxxxx. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9.** *Xxxxx *has not sent any of these documents to the Defendant

10.** *On the xx/xx/xxxx The Defendant sent a formal request for a copy of the original agreement to Asset Link pursuant to section 78 with the of the Consumer Credit Act 174 along with the statutory £1 fee,

11.** *The Claimant has failed to comply with s 78(1) Consumer Credit Act 1974 cannot enforce the agreement.

12.** *The Defendant 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


13.** *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.

14.** *The Defendant respectfully requests the court orders the Claimant to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

15.** *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.

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

Statement of Truth
The Defendant believed that the facts stated in this Defence are true.
Signed

Dated

I have omitted the following sections as I don't know how to respond. 'It is admitted/denied that the defendant has previously entered into an agreement.....'* If a CCA is not found, will admission to this be accepted in place of the CCA?

'It is denied that original creditor served any default notice........' There is no mention of the original creditor issuing a default notice in the particulars of claim, or it may have been issued and dropped off the record as the account defaulted around 2006, again not sure if I need to add this or leave it out.

I am yet to receive any response from Claimant or Solicitors from the CCA request or CPR 31 14 so do I state that ' The Defendant have asked the claimant if we may agree to extend the time period allowed and it has been agreed or declined?'

The claim was issued on the 19th of February, 2020. I hope someone will be able to assist me. Thanking you all in advance.





​â
​â

[Temmy99]

A bit of background to this case, The claim is for a Barclaycard credit card taken out in 2004, defaulted in 2006 and on DMP till 2015, assigned to Assent Link in 2015* with Default placed in 2016. Claim issued 19/02. AOS sent shortly after and requests for CCA and CPR31.14 sent to Solicitor as well. Thanks*

[Temmy99]

Can anyone help me please

[MIKE770]

Amethyst*

[pt2537]

ok starting point what does the particulars of claim say?

[Temmy99]

pt2537 Hi , the particulars of the claim are The claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxx and opened effective from xx/02/2004. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payments as required and by xx/xx/2016 a default was recorded. As at xx/xx/2015 the Defendant owed Barclaycard plc the sum of xxxx. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective xx/xx/2015 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter, And the Claimant claims xxx interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from xx/xx/2018 to xx/02/2020 of xxxx And thereafter at a daily rate of 85 to date of judgement or sooner payment

[Temmy99]

pt2537 UPDATE

The Solicitor has responded to my CPR 31.14 letter, and this is what was said:

in order to provide the documents requested we require time to acquire complete papers and forward to you. We confirm that a hold has been placed on the account pending us receiving the documents.
Following us providing the requested documents you will be expected to negotiate a payment plan failing which we are instructed to issue court proceedings

So the questions are; do I still need to file my defence by the 18th of March stating that the solicitors has agreed for more time?

What else if any do I need to do.

Please help, I am so worried.

[GBExile]

pt2537 UPDATE

The Solicitor has responded to my CPR 31.14 letter, and this is what was said:

in order to provide the documents requested we require time to acquire complete papers and forward to you. We confirm that a hold has been placed on the account pending us receiving the documents.
Following us providing the requested documents you will be expected to negotiate a payment plan failing which we are instructed to issue court proceedings

So the questions are; do I still need to file my defence by the 18th of March stating that the solicitors has agreed for more time?

What else if any do I need to do.

Please help, I am so worried.

You file your defence on the instructions of the court which is by the 18th March. I suggest you post Monday by recorded to the Claimant & Court.

You must include in your defence that you have requested each document (list each document requested) & it has not been supplied to date.

You must abide by what the court says regardless of the claimant or their solicitors do/say.*

[Temmy99]

GBExile Thankyou, I didn't realise I had to send my defence to the claimant, do I just basically send a copy of what I send to the court. The issue date of the claim was 19th Feb so it is my calculation that the defence needs to be in by 18th March, I hope I am correct with this. Thanks once again.

[GBExile]

GBExile Thankyou, I didn't realise I had to send my defence to the claimant, do I just basically send a copy of what I send to the court. The issue date of the claim was 19th Feb so it is my calculation that the defence needs to be in by 18th March, I hope I am correct with this. Thanks once again.

Exact copy of the defence to the Claimant & they have to receive it by the 18th too. So I suggest 1st Class recorded to the claimant on Monday 16th. Then you are covered.*

[Temmy99]

GBExile, you have been very helpful, thank you I just have a couple more questions, I omitted the following section as I don't know how to respond.

f 'It is admitted/denied that the defendant has previously entered into an agreement.....' If a CCA is not found, will admission to this be accepted in place of the CCA?

I would like to file my defence online, would you advise that I get thiis in on Monday and issue the copy to the claimant at the same time.

I appreciate your help, thank you very much.

[Temmy99]

GBExile pt2537 Just realised, I can't really send my defence online after checking other similar posts which states that the space given is quite small. Can I attach my Defence to the N9B form though or do I have to write it on the actual form. I want to complete it this weekend so any last minute advise will be helpful.

"The Defendant has 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 CPR15,5 however they have declined.....

Is this response correct considering that they have responded to my letter but they have not mentioned anything regarding my defence?

Thank you all very much.

[pt2537]

GBExile pt2537 Just realised, I can't really send my defence online after checking other similar posts which states that the space given is quite small. Can I attach my Defence to the N9B form though or do I have to write it on the actual form. I want to complete it this weekend so any last minute advise will be helpful.

"The Defendant has 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 CPR15,5 however they have declined.....

Is this response correct considering that they have responded to my letter but they have not mentioned anything regarding my defence?

Thank you all very much.

You can efile the Defence at Court using the email address for the CCBC, so thats not a problem , you willl need to print sign and scan the defence though

[Temmy99]

NOTICE OF DISCONTINUANCE

Hi there everyone,
I have just received a letter from the Claimants solicitors 'by way of service upon you a notice of discontinuance of the legal proceedings. The reason given is that their client is currently unable to comply with the request under S78 CCA so the agreement is currently redeemably unenforceable. My question now is do i need to inform the Courth or will this be done automatically? Also, the Claimaint had put a default on the record in 2015 but the actual account defaulted in 2008 but Barclaycard did not put a default on the record. Can i now go back to Barclaycard and request that they put a default date on the account (Barclaycard account showing as closed on Credit file with 0 balance but balance and default showing on credit file for the Claimant. I will appreciate any advice on this please. Thank you

[MIKE770]

Ring court in a week to verify