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Originally posted by echat11
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Just subtle changes, I've removed 13 because you haven't asked for an extension to the deadline have you?
DEFENCE
1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on 9th February 2022
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 2 x Credit Card agreements regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreements with Capital One 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 does not state that the account was assigned from Capital One (Europe) to Lowell Portfolio 1.
The Defendant does not recall receiving notice of this assignment prior to the claim being raise.
8.It is denied that Capital One served any Default notices on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notices was served upon the Defendant. The Claimant is required to prove that the any Default notices 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 22/02/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreements and Notice of Assignments.
10.Overdales Solicitors has only sent the Notice of assignments for each account.
11.On the 22/02/2022 The Defendant sent a formal request for a copy of the original agreements to Lowell Portfolio 1 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 s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (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
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________
DEFENCE
1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on 9th February 2022
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 2 x Credit Card agreements regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreements with Capital One 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 does not state that the account was assigned from Capital One (Europe) to Lowell Portfolio 1.
The Defendant does not recall receiving notice of this assignment prior to the claim being raise.
8.It is denied that Capital One served any Default notices on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notices was served upon the Defendant. The Claimant is required to prove that the any Default notices 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 22/02/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreements and Notice of Assignments.
10.Overdales Solicitors has only sent the Notice of assignments for each account.
11.On the 22/02/2022 The Defendant sent a formal request for a copy of the original agreements to Lowell Portfolio 1 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 s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (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
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________
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