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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.
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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
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