Warning letter before Court Action

[echat11]

Is the content of my defence, as indicated above, suitable and sufficient ?
What about my mention of offering to pay the principal or should I skip that ?

Yep, it's rarely full of detail.

Leave OUT 'offering to pay the principal'.

Any offers you make to pay the Principle in your negotiations with Creditors mark the letter 'Without Prejudice'.

[peterpiper]

Good point.

Thanks for that. I have now have to submit defence by 16.00 on the 21st.
Please can you advise how to formulate the letter around not receiving the Letter before Action
which I think is more or less mandatory. How to express it correctly ?

I will also include a request for the Contract/Agreement and request information how their
claim is made up

[echat11]

Who is the creditor and their solicitors?

Did you send off the letters in post 8? b, c, and d. You need to send them off today, before you file the Defence

The Defence isn't there to request information, it's to tell the Court in part what you've received / haven't received.

You'll find a Defence in the link below, amend it, check it's correct once you've amended it.

Amend the point numbers in the Defence, you can add the following line -

5. The Claimant has failed to follow the CPR Pre Action Protocols, the Claimant did not send a Letter Before Action before initiating a County Court Claim.

https://legalbeagles.info/forums/for...im-holts/page2

[peterpiper]

Who is the creditor and their solicitors?

Did you send off the letters in post 8? b, c, and d. You need to send them off today, before you file the Defence

The Defence isn't there to request information, it's to tell the Court in part what you've received / haven't received.

You'll find a Defence in the link below, amend it, check it's correct once you've amended it.

Amend the point numbers in the Defence, you can add the following line -

5. The Claimant has failed to follow the CPR Pre Action Protocols, the Claimant did not send a Letter Before Action before initiating a County Court Claim.

https://legalbeagles.info/forums/for...im-holts/page2

I already filed acknowledgement online and have until the 21st (tomorrow) to file defence.
I phoned the court and a person there said I can also send the defence via email.
Will file defence today either online or via email.
Just need to know how to formulate the letter in terms of non receipt of Letter before action.
If you could kindly help me on that point
Thank you

[echat11]

I already filed acknowledgement online and have until the 21st (tomorrow) to file defence.
I phoned the court and a person there said I can also send the defence via email.
Will file defence today either online or via email.
Just need to know how to formulate the letter in terms of non receipt of Letter before action.
If you could kindly help me on that point
Thank you

You need to file a Defence, you don't need formulate a letter on not receiving the Letter Before Action.

You just need to read and follow the instructions in post 18. I've suggested what you could add to your Defence reference the non receipt of the LBA.

The Defence you need to amend is post 21 in the link provided in post 18.

[peterpiper]

I already filed acknowledgement online and have until the 21st (tomorrow) to file defence.
I phoned the court and a person there said I can also send the defence via email.
Will file defence today either online or via email.
Just need to know how to formulate the letter in terms of non receipt of Letter before action.
If you could kindly help me on that point
Thank you

Hi ECHAT11.
Would it be brash of me to ask you if I could send over the defence to your private address
so you can give it a glance over, so nothing is amiss ?
Thank you

[peterpiper]

Hi ECHAT11.
Would it be brash of me to ask you if I could send over the defence to your private address
so you can give it a glance over, so nothing is amiss ?
Thank you

I intended your email address not your physical address

[echat11]

I intended your email address not your physical address

You can post it on this thread without your personal details. The Defence is fairly straightforward for Credit Card claims. I linked you to the other thread, not for you to post on it.

[peterpiper]

You can post it on this thread without your personal details. The Defence is fairly straightforward for Credit Card claims. I linked you to the other thread, not for you to post on it.

Here follows the Defence. Apologies for posting on the link you sent

COUNTY COURT BUSINESS CENTRE
Claim No: XXXXXXXXXXXXXX

CLAIMANT
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX

And

DEFENDANT
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX

DEFENCE

1. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted to in this Defence.
2. The Claimant failed to serve the County Court Claim at the Defendant’s address as shown above. (Claim sent to wrong address)
3. The Claimants statement of case fails to give adequate information to enable me, the Defendant, to properly assess my position with regards to the claim.
4. This Claimant states the claim is for a Credit Card Account agreement, regulated under the Consumer Credit Act 1974, between the XXXXXXXX and the Defendant
5. The Claimant’s Particulars of Claim fail to state when the original agreement was entered into and by what means.
6. The Claimant has failed to provide a copy of the original agreement
7. The Claimant has failed to provide a full detailed breakdown of the amount claimed
8. The Claimant’s statement of case states that the account or agreement was assigned to the Claimant. The Defendant did not receive any notification of this assignment.
9. 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.
10. The Claimant has failed to follow the CPR Pre Action Protocols; the Claimant did not send a Letter Before Action before initiating a County Court Claim.
11. The Defendant respectfully requests that the Court order the Claimant to provide the necessary documentation to allow the Defendant to fully plead its case, else the Claim should be struck out. Necessary documentation requested as follows:
    1. That the Claimant do provide copies of the original Agreement between XXXXXXXXXXXXXXX and the Defendant as stated by the Claimant
    2. That the Claimant do provide a detailed breakdown of money claimed by the Claimant
    3. That the Claimant do provide a SAR request
    4. That the Claimant do provide any other notices or correspondence relative to this claim
12. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend its defence, if necessary, and would ask that the Claimant bear the costs of the amendment.

Statement of Truth


The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[echat11]

a) Where is the address above?
2.The Claimant failed to serve the County Court Claim at the Defendant's address as shown above. (Claim sent to wrong address)

b) The next points after this point (1. Each and every allegation in the Claimant's statement of case is denied unless specifically admitted to in this Defence.) address each of the Claimant's 'Particular's of Claim'.

c) 4.Should read 'This claim is for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.' not
This Claimant states the claim is for a Credit Card Account agreement, regulated under the Consumer Credit Act 1974, between the XXXXXXXX and the Defendant

d) You were asked to post up the full Particulars of Claim from the claim in post 6 on your thread, you still haven't done that, so can't help with point 5. in your Defence.

e) Point 6. is 'untrue' as you failed to send off the document requests in post 8 on your thread.

f) Point 7. is 'untrue' as you failed to send off the document requests in post 8 on your thread.

g) Point 9. is 'untrue' as you failed to send off the CCA request as stated in post 8 on your thread.

h) Point 11.isn't going to happen for two main reasons you haven't sent the document requests, the Defence isn't an opportunity for you to take a short cut and not follow CPR Protocols, example you didn't request documents under CPR 31.14 when you had the opportunity.

There is a reason why the courts ask you to sign a 'Statement of Truth'.

[peterpiper]

Here follows the Defence. Apologies for posting on the link you sent

COUNTY COURT BUSINESS CENTRE
Claim No: XXXXXXXXXXXXXX

CLAIMANT
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX

And

DEFENDANT
XXXXXXXXXXXXXX
XXXXXXXXXXXXXX

DEFENCE

1. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted to in this Defence.
2. The Claimant failed to serve the County Court Claim at the Defendant’s address as shown above. (Claim sent to wrong address)
3. The Claimants statement of case fails to give adequate information to enable me, the Defendant, to properly assess my position with regards to the claim.
4. This Claimant states the claim is for a Credit Card Account agreement, regulated under the Consumer Credit Act 1974, between the XXXXXXXX and the Defendant
5. The Claimant’s Particulars of Claim fail to state when the original agreement was entered into and by what means.
6. The Claimant has failed to provide a copy of the original agreement
7. The Claimant has failed to provide a full detailed breakdown of the amount claimed
8. The Claimant’s statement of case states that the account or agreement was assigned to the Claimant. The Defendant did not receive any notification of this assignment.
9. 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.
10. The Claimant has failed to follow the CPR Pre Action Protocols; the Claimant did not send a Letter Before Action before initiating a County Court Claim.
11. The Defendant respectfully requests that the Court order the Claimant to provide the necessary documentation to allow the Defendant to fully plead its case, else the Claim should be struck out. Necessary documentation requested as follows:
    1. That the Claimant do provide copies of the original Agreement between XXXXXXXXXXXXXXX and the Defendant as stated by the Claimant
    2. That the Claimant do provide a detailed breakdown of money claimed by the Claimant
    3. That the Claimant do provide a SAR request
    4. That the Claimant do provide any other notices or correspondence relative to this claim
12. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend its defence, if necessary, and would ask that the Claimant bear the costs of the amendment.

Statement of Truth


The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

"For Points 6/7/9. is 'untrue' as you failed to send off the CCA request as stated in post 8 on your thread".

Thought I was requesting the documents as per my defence, so
shall I send of the requests now with proof of postage ?

The claim which I did not post says

"The Claimants' Claim is for the sum of £500 being monies due from the defendant to the Claimant under a
CCA originally between the defendant and XXXXXX under account reference xxxx
The Agreement is regulated by the Consumer Credit Act 1974 and the rights benefits and title to the
agreement were assigned to the Claimant on xx/xx/xxxx. Notice of assignment has been given to the defendant.
Upon the defendant defaulting on payments due under the agreement and despite previous demands for payment
being made by the Originating Creditor and the Claimant, the Defendant remains in default of the agreement"

Notice of assignment was not received

[echat11]

The clock is ticking, yes send off the SAR, CCA and CPR31.14 request now (get proof of postage).

'Thought I was requesting the documents as per my defence, so
shall I send of the requests now with proof of postage ?'

Then use the following as a template, you can add as one of your points, 'The Claimant has failed to follow the CPR Pre Action Protocols; the Claimant did not send a Letter Before Action before initiating a County Court Claim.'

a) Read through, fill in information where you see XXXXXXXXXXX

b) You can email this to the court - ccbcaq@justice.gov.uk

c) In the subject line write the following:- Ref Claim XXXXXXXXXXX XXXXXXXXXX V XXXXXXXXXX


In the Northampton County Court Business Centre

Claim No: XXXXX

XXXXXXXXXXXX
Claimant

And

XXXXXXXXXXXX
Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXXX

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with XXXXXXXX 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 the claim.

6.The Claimant's Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from XXXXXXX to XXXXXXX. The Defendant does not recall receiving notice of this assignment.

8.It is denied that XXXXXXXX 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 XXXXXXXX The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to XXXXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and other documents being relied upon.

10.XXXXXXXXXXX has not sent any of these documents to the Defendant.

11.On the XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXXXX pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 ________________________________
Dated ________________________________

[peterpiper]

The clock is ticking, yes send off the SAR, CCA and CPR31.14 request now (get proof of postage).

'Thought I was requesting the documents as per my defence, so
shall I send of the requests now with proof of postage ?'

Then use the following as a template, you can add as one of your points, 'The Claimant has failed to follow the CPR Pre Action Protocols; the Claimant did not send a Letter Before Action before initiating a County Court Claim.'

a) Read through, fill in information where you see XXXXXXXXXXX

b) You can email this to the court - ccbcaq@justice.gov.uk

c) In the subject line write the following:- Ref Claim XXXXXXXXXXX XXXXXXXXXX V XXXXXXXXXX


In the Northampton County Court Business Centre

Claim No: XXXXX

XXXXXXXXXXXX
Claimant

And

XXXXXXXXXXXX
Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXXX

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with XXXXXXXX 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 the claim.

6.The Claimant's Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from XXXXXXX to XXXXXXX. The Defendant does not recall receiving notice of this assignment.

8.It is denied that XXXXXXXX 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 XXXXXXXX The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to XXXXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and other documents being relied upon.

10.XXXXXXXXXXX has not sent any of these documents to the Defendant.

11.On the XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXXXX pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 ________________________________
Dated ________________________________

Thank you Echat

Have re-cast the whole doc. Submitted via email. Posted letter requesting those documents.
Have a proof of posting
Hope all goes well

I think your help has been amazing. Even if I were to lose the case

[echat11]

You need to keep on top of it, next you should get an Allocation Questionnaire, then mediation as long as you agree to it in the Allocation Questionnaire.

[peterpiper]

You need to keep on top of it, next you should get an Allocation Questionnaire, then mediation as long as you agree to it in the Allocation Questionnaire.

Will do.
I will, of course, keep you updated