Seek advice, please.

[rachelhawley]

Received a claim? Yes
Issue Date: 17/03/2022
Have you Acknowledged the Claim?: Yes, have acknowledged today
Total Amount Claimed: £2500
Claimant’s Name: Debt Managers (Services) Ltd
Solicitors Firm: Restons Solicitors Limited
Original Creditor: Studio Retail Limited

Original Debt: Retail account

Particulars of Claim: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Studio Retail Limited dated on or about Jul 11 2013
and assigned to the Claimant on Mar 15 2019 Notice of the assignment has been given to the Defendant.

PARTICULARS a/c no - 05805XXX

Date item value
28/09/2021 Default Balance 2500.00
Post Refrl Cr NIL

Total 2500.00


Is the debt statute barred?: No

Letter/document received by Restons Solicitors Limited: 25/01/2022.

1. Reconstituted copy of the Credit Agreement together with terms and Conditions embodied within the Agreement.
2. Financier Transaction Details covering periods between 11 July 2013 and 05 march 2019.
3. Transaction information extracted from the Original Creditors Case Management System covering periods between 31 October 2017 and 05 March 2019.
4. Copy of the Default Notice served on you under cover of a letter dated 08 April 2019 along with notification of the same sent on behalf of the Original Creditor.

My question is:
1. Do I still need to request a CCA? or other documents? They only send me a reconstituted credit agreement by email. (The image is terrible).

As I can see in the agreement: (This agreement is between Express Gifts Limited (trading as Studio) and you. the person details below (you)
Please complete this part of the agreement, sign, and date, and return it to the customer services department at the above address)

They send me the agreement without my signature on it.

I can see this at the bottom of the default letter ( Studio is a trading name of Express Gifts Ltd ) and the other letter ( Studio is a trading name of Studio Retail Limited ).

2. So Studio Retail Limited is the original creditor or Express Gift Limited? Is it possible to challenge the agreement?


There is an account number ( 05805xxx) shown on the agreement, the default notice, and the claim form.

On the Notice of Assignment letter - Your Studio account has been sold to Debt Managers (Services) Ltd

This is an important document. Please keep it for your records.

3. Original Account Number: 0000939xxx (this is not the account number shown on the agreement). Can the Notice of Assignment be challenged?

I enclosed the credit agreement and Notice of Assignment here https://www.dropbox.com/sh/u2ur6q3p0...QRKHrCEGa?dl=0

[rachelhawley]

Any help would be appreciated. Thanks

[echat11]

You need to do the following things as doing them will form your defence.

(how did you obtain the documents they sent to you?)

Firstly contact Admin, ask them to change your user name.

a) What you need to do is Acknowledge the claim online (which you have done), that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Restons a CCA request for the account, they have 14 days to provide you with a copy of your agreement.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Restons a CPR 31.14 Request, they have 12 days to provide documents they are relying to make the claim.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Send Studio a SAR for the account, they have 30 days to provide all the details on the account.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary.

[rachelhawley]

Thanks echat11
(how did you obtain the documents they sent to you?) by email.
Firstly contact Admin, ask them to change your user name. Can I ask why I need to change my user name?
Done Acknowledge already. send B,C and D already.

I don't know how to draw a defense, so any tips and advice will be greatly appreciated.

Is it possible to challenge the agreement and notice of assignment in my defence?

[echat11]

Sometimes solicitors / creditors look at this forum. Always a good idea to make up a 'user name'.

This is an Example Defence amend it to suit, remove bits that don't apply -

https://legalbeagles.info/library/gu...-court-claims/

It's fairly straightforward, but once you've done it, take some time out, then have another read.

[rachelhawley]

Sometimes solicitors / creditors look at this forum. Always a good idea to make up a 'user name'.

This is an Example Defence amend it to suit, remove bits that don't apply -

https://legalbeagles.info/library/gu...-court-claims/

It's fairly straightforward, but once you've done it, take some time out, then have another read.

Thanks

Will have a look at the example defence this weekend.
In this case, my late defence date would be 14/04 or 19/04?

[echat11]

Thanks

Will have a look at the example defence this weekend.
In this case, my late defence date would be 14/04 or 19/04?

You get 14 days from date of issue date: 17/03/2022, you've acknowledged service, that gives you an extra 14 days, so that takes you to 14th April. You get 5 days reference postal. But the best thing to do is get it 'done and dusted' by the 14th April.

[rachelhawley]

edit

[rachelhawley]

I would appreciate any assistance with my defense. Thanks

[echat11]

Will take a look.

[rachelhawley]

Will take a look.

I appreciate your help so much.

[echat11]

I think you need to follow the structure of the 'Example Defence'. The Defence should only deal with their Particular of Claim.

If you've requested and received documents, then you can state that you've received them without going into what's wrong with the documents.

You can go analyze and go into them in your 'Witness Statement'. By doing that in your Defence you might be helping the Claimant.

[rachelhawley]

I think you need to follow the structure of the 'Example Defence'. The Defence should only deal with their Particular of Claim.

If you've requested and received documents, then you can state that you've received them without going into what's wrong with the documents.

You can go analyze and go into them in your 'Witness Statement'. By doing that in your Defence you might be helping the Claimant.

echat11 Thanks for the advice, I've drawn it again, is that alright?

1.The Defendant received the claim xxxxxx from the County Court Business Centre on 17/03/2022.
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 Retail Account agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has previously entered into an agreement with Studio Retail Limited/Debt Managers (Services) Ltd for provision of credit.
5.On the xxxxxx The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Reston Solicitors Limited. I requested the Claimant provide copies of the Contract and Notice of Assignment.
6.Reston Solicitors has sent of these documents to the Defendant.
7.On the xxxxxx The Defendant sent a formal request for a copy of the original agreement to DebtManager (Services ) Ltd and Reston Solicitors Limted pursuant to section [77 or 78] of the Consumer Credit Act 1974 .
8.The Claimant has send Reconstituted copy of the Credit Agreement to the Defendant.
9.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth

[echat11]

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

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 Cataloge Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with XXXXXXXXXX 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 fails to state the date when the agreement was entered into.

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

8.It is denied that XXXXXXXXX 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 XXXXXXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.The Claimant's Solicitor has sent documents to the Defendant, to enable the Defendant to file their Defence.

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

12.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.

13.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.

[rachelhawley]

echat11 I have a few questions about points 4,6,7 and 8.

4. It is admitted/denied in my case?
I entered the agreement with Express gift Limited ( they send me a copy of the agreement with Express gift Limited (trading as Studio).
The agreement does not mention the original creditor at all?

What should I do on 6,7and 8? Should I delete it or keep it?
6. The Particulars of Claim state the date when the agreement was entered into.
7 and 8. The Claimant's Solicitor has sent a copy of the notice of assignment and Default notice.

Thank you for taking the time to have a look at this