Oldish Payday Lender debt, now court claim been issued

[echat11]

I think the Default Notice should have more information and guidance then what's on your default notice.
The letters of assignment are screenshots, they should be an actually letter, but Courts are 'flaky'.

[buttercup62]

Hmmmm, I have just googled default notice and what is shown there doesnt look anything like what they sent me.

In the POC it doesnt mention a default notice, maybe because they never sent me a proper one? I think a proper fault notice has to be issued before legal proceedings can be issued, am I right?

Also, just so I am clear on this, does a CPR relate to the documents mentioned in the POC, or what they are relying on in court? If it is whats in POC, then it says I failed to maintain payments. They havent sent anything that indicates I never kept up the payments apart from the default sums letter which just advises a fee for missing a payment.

I dont know but I think they are just chancing their arm in the hope I dont know anything, which of course I dont

[echat11]

Hmmmm, I have just googled default notice and what is shown there doesnt look anything like what they sent me.

In the POC it doesnt mention a default notice, maybe because they never sent me a proper one? I think a proper fault notice has to be issued before legal proceedings can be issued, am I right?

Also, just so I am clear on this, does a CPR relate to the documents mentioned in the POC, or what they are relying on in court? If it is whats in POC, then it says I failed to maintain payments. They havent sent anything that indicates I never kept up the payments apart from the default sums letter which just advises a fee for missing a payment.

I dont know but I think they are just chancing their arm in the hope I dont know anything, which of course I dont

a) In the POC it doesnt mention a default notice, maybe because they never sent me a proper one? I think a proper fault notice has to be issued before legal proceedings can be issued, am I right?

Yes, by sending what they've sent, they are saying they sent one.

b) Also, just so I am clear on this, does a CPR relate to the documents mentioned in the POC, or what they are relying on in court? If it is whats in POC, then it says I failed to maintain payments. They havent sent anything that indicates I never kept up the payments apart from the default sums letter which just advises a fee for missing a payment.

It's the documents they have stated in their POC

[scs62]

Ok, so I need to get my defence in tomorrow really as it is due Sunday latest and being a weekend, not sure how that effects it.

I attach a copy of what I have done so far using the advised template.

I am a bit confused with the areas highlighted in red and would appreciate a bit of help with these areas.

Firstly in no.12, not sure if its section 77 or 78?, the other areas, not sure what I should leave in or what should be taken out or amended.

I am guessing that the paragraph directly below no.12 is irrelevant as they have sent me docs but none of them are what was asked for?

Many thanks in advance for your help.

[echat11]

Can you copy and paste it onto the thread, that would be better.

[scs62]

Sure ECHAT11, thank you.

Claim No: ********
Perch Capital Ltd (Claimant)
and
******** (Defendant)
DEFENCE
1.The Defendant received the claim ******** from the County Court Business Centre on ******, 2023.
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 Running Credit Agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant previously entered into an agreement with MYJAR 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 to them [Perch Capital Ltd] and the Defendant was notified but the Claimant fails to state when the Defendant was notified of this assignment. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Perch Capital Limited 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 *******, 2023, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to TM Legal Services Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. TM Legal Services Ltd has not sent any of these documents to the Defendant.
11. On the ********, 2023, the Defendant sent a formal request for a copy of the original agreement to Perch Capital Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. 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.
1* The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
1*. 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.
1*. 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.
1*. 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.
1*. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I *********** believes that the facts stated in this Defence Statement 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 ________

[echat11]

Claim No: ********
Perch Capital Ltd (Claimant)
and
******** (Defendant)
DEFENCE
1.The Defendant received the claim ******** from the County Court Business Centre on ******, 2023.(Remember this is the date on the claim form)
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 Running Credit Agreementregulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant previously entered into an agreement with MYJAR 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 to them [Perch Capital Ltd] remove and the Defendant was notified, but the Claimant fails to state when the Defendant was notified of this assignment. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Perch Capital Limited 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 *******, 2023, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to TM Legal Services Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. TM Legal Services Ltd has not sent any of these documents to the Defendant.
11. On the ********, 2023, the Defendant sent a formal request for a copy of the original agreement to Perch Capital Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply withs77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
1* The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.] So have you asked for an extension or have they given an extension, if not leave it out.
1*. 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.
1*. 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.
1*. 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.
1*. 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 Statement 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 ________

[scs62]

Many thanks for your help ECHAT11, I will get it amended and issued tomorrow.

[Robertson92]

Hi. Have you got an update of what has happened since as I am having the exact same problem. Thank you

[Robertson92]

Hi, did they actually end up taking court action as I wod be really grateful if you could let me know how things turned out as my problem is identical to yours in every way? Thank you

[Robertson92]

Hi. Are you able to give an update at all?