Restons, Express Gifts Ltd, Studio, Debt managers servicesLtd. *Advice needed*

[mrmonkey]

Received a claim? Yes/No: YES
Issue Date: 18/1/21
Have you Acknowledged the Claim?: YES (via MCOL)
Total Amount Claimed : £475.90
Claimant’s Name: Debt Manager (Services) Ltd
Solicitors Firm: Restons Solicitors
Original Creditor: Express Gifts
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue Online
Particulars of Claim:

1The Claimant claims Payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Express gifts Ltd
dated on or around Jxx 2x 2017 and assigned
to the claimant on Jxx 2x 2019
Notice of particulars have been given to the defendant

Particulars acc no - xxxxxxxxx
Default Balance 390.90
post ref cr NIL
total 390.90

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):I dont believe so but are unsure, search of credit file just shows default 2019

List any letters you have sent (eg: CCA/ CPR ): CCA request sent, CPR request sent, Cpr 31.14 and copy of CCA sent to restons.
Any Other Information or Background Details: Cant recall any letters being received.

On the 23rd january my wife recieved a county court claim form by restons on behalf of debt manager services regarding a debt taken in 2019 with express gifts.She or myself never had an account with express gifts.

ccredactresize.jpg

We submitted online the acknowledgement of service with intent to defend the claim.

We wrote off to Debt Managers Ltd for a CCA enclosing a 1 pound postal order.
We also sent a copy and a letter of request CPR31.14 to Restons Solicitors stating within

"I request a copy of the contract be provided ahead of filing my defence. I would like you to also provide a copy of the contract, any default notice, a full statement of account and detail of the 'overdue balance' and the formal notice of assignment from Express Gifts to your client,"

as the court claim was rather vague.

On Saturday 13th Febuary we recieved a letter dated the 9th of Febuary

responseletteraresize.jpgresponseletterbresize.jpg



Now her defense needs to be in within 28 days after service which was 5 days from the 18th January so i am sure by 20th Febuary.

They have added the court costs and legal fees to there response letter, they have responded saying it is Studio original Client not Express Gifts Ltd mentioned on the claim, i know Studio own Express Gifts Ltd. Is this relevant?

If its on Hold do i still submit a Defense?

Do i also Submit a N244 form?

Any advice would be appreciated thank you.

[MIKE770]

follow court instruction, and check MCOL also make sure you send documents om l time they cannot put case on hold only a court can

your defence is that on such a date a request for CCA made not received to date also other documents (list requested) what is the N244 form? no case done

[mrmonkey]

follow court instruction, and check MCOL also make sure you send documents om l time they cannot put case on hold only a court can

your defence is that on such a date a request for CCA made not received to date also other documents (list requested) what is the N244 form? no case done

N244 Unless order, maybe a bit late ?

[mrmonkey]

Do i not need to follow this https://legalbeagles.info/library/gu...s-order-court/ MIKE770 Amethyst
or is it to late?
or the fact they have no CCA as requested cover it, sorry i get myself in a muddle reading things and then i seem to get lost or mixed up and end up with contradicting info in my head, maybe over thinking things.

[MIKE770]

You are jumping the gun . Just slow down that stage if ever a long way down the line

[mrmonkey]

You are jumping the gun . Just slow down that stage if ever a long way down the line

Yes i thought i was, these things get me panicking.
I have done an example defense using the template will this suffice or should i include the fact they responded with the letter stating they needed more time and were putting the account on hold?, or do i include that fiurther down the line if needed ? Thanks for your time with this MIKE770 .



In the Northampton County Court Business Centre

Claim No:

DEBT MANAGERS (SERVICES) LTD

Claimant

And

S

Defendant

DEFENCE

1.The Defendant received the claim from the Northampton County Court 23RD of January 2021

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into an agreement with Express Gifts Ltd for provision of credit.

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

6.The Claimant’s Particulars of Claim states the agreement was entered into on or about 22nd xxxxx 2017.

7.The Claimants statement of case states that the account was assigned from Express Gifts Ltd to Debt Managers (Services) Ltd on xxxx 2019. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Express Gifts Ltd 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.

9.On the xxx febuary 2021 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract, and also any default notice, a full statement of account and detail of the 'overdue balance' and the formal notice of assignment from Express Gifts LTD to your client, to enable the Defendant to fully consider their position.

10. Restons Solicitors Limited has not sent any of these documents to the Defendant.

11.On the xxx Febuary 2021 The Defendant sent a formal request for a copy of the original agreement to (Debt Managers Service) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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 Claimants to provide the necessary documentation in order for The Defendant to fully plead his 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 Claimants 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 believes that the facts stated in this Defence are true.

Signed xxxxxx xxxxx
Dated 18/02/2021

[MIKE770]

THEY cannot put on hold only court can do that follow court instructions always

[mrmonkey]

THEY cannot put on hold only court can do that follow court instructions always

a shorter defense mantioning the reply.


1.The defendant received the claim Hxxxxxx from the County Court Business center Northampton on the xxxxx/2021.

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 agreement regulated under the Consumer Credit Act 1974.

4.The particulars of claim are vague as to what the debt is for, the defendant has no knowledge of this debt to which the claim is refering and denies owing the debt.

5. On the xxxx/2021 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited . She requested the Claimant provide a copy of the contract mentioned in the particulars of claim, any default notice, a full statement of account and detail of the 'overdue balance' and the formal notice of assignment from Express Gifts LTD to The claimant.

6. Restons Solicitors Limited has not provided any of these documents.

7.On the xxxx2021 The defendant sent a formal request for a copy of the original agreement to Debt Managers (Services) LTD pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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. On a letter dated xxxxx/2021 Debt managers Services Limited responded to the request detailed in paragraph 7 which stated that they did not have the required documents and have referred back to there client to obtain the customer Credit Agreement.They have stated they have put the account on hold whilst awaiting the documents.


10. The defendant therefore requests that as the Claimant has no documents to back up the claim on the Defendant, that the court orders the Claim should stand struck out.

11. The claim is denied in full.