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Originally posted by RobCom
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In the Northampton County Court Business Centre
Claim No: ****
DEBT MANAGERS (SERVICES) LTD
Claimant
And
MRS ** **
Defendant
DEFENCE
1.The Defendant received the claim **** from the Northampton County Court on ** August 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 Store Account 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 or about ** November 2012.
6.The Claimants statement of case states that the account was assigned from Next Online to Debt Managers (Services) Ltd on ** July 2019. The Defendant does not recall receiving notice of this assignment.
7.It is denied that Next Online 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.
10. On the *** August 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 Agreement and Notice of Assignment.
11. Restons Solicitors Limited has not sent any of these documents to the Defendant.
12.On the ** August 2021 The Defendant sent a formal request for a copy of the original agreement to Debt Managers (Services) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
18.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 ________________________________
Dated ________________________________
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