Civil National Business Centre Claim Form Received

[C82]

My finances fell apart during covid and I’ve struggled to get back on track ever since. One thing after another has seen me bury my head in the sand after years of never missing a payment. Now I have the below to respond to. I have tried to google along but I’ve got bloody adhd and it’s just a wall of words sometimes when it’s probably most obviously right in front of me what I need to do.


Asset Link Capital via Kearns Solicitors





Particulars of Claim

The Claimant claims all sums due upon the termination of an Agreement made between

Shawbrook Bank Limited and the Defendants) in writing and opened 09/03/2017. The Agreement was terminated after the Defendants) had failed to comply with the terms of the Agreement and the Default Notice served upon them on 30/06/2021. The Agreement has been legally assigned to the Claimant by way of Deed of Assignment with an effective date 30/06/2021 and made regular upon the Claimant serving a Notice of Assignment upon the Defendants) shortly thereafter. The Agreement is regulated by the Consumer Credit Act 1974. Date

11/09/2023

£2600 they want.



Can someone please point me in the right direction?

[MIKE770]

Acknowledge Claim tick defend all

CCA Request with £1.00 postal order get proof posting
CPR 31.14 Request only ask for what is mentioned on the claim form get free proof posting

defence comes later.

Keep copies of all on a file in date order.

echat11

[C82]

Thank you for laying this out for me.


Just a few questions....


What date do I put as when I will be filing my defence?



And are the documents requested I've requested correct based on the particulars I posted in paragraph 1?


Issue date of claim is 11 Sept 23










Request for documents mentioned in a statement of case under CPR 31.14




On 15/09/2023 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.




To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on ***xx/xx/xxxx***

1. Agreement/s
2. Default Notice
3. Deed of Assignment
4. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.




You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.




I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.




You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.




If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.




For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 18/09/2023.







I look forward to hearing from you.




Yours sincerely

[MIKE770]

defence comes later not now await Echat11 will come on soon

[C82]

Okay, so thanks to the help I've completed:

Acknowledgement

Printed the CCA to go to Asset Link



Holding fire on the CRP 31.14 as it request a date if defence.......

"To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."



Am I on track, or does the CPR 31.14 needs to be sent ASAP?

[MIKE770]

Cpr do you can work out defence

[C82]

I can do the CPR. So leave the paragraph out that mentions a date?

“documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx."

?

[C82]

CCA sent recorded to Asset & Kearns.


CPR not sent yet as really unsure of the date element in the previous post. Is that for now or later?

[MIKE770]

just ask CPR 31.14 asking for items in claim form

[C82]

Received a pack from link saying they have complied with 77/78. They say the agreement is now enforceable, and to contact them.

[MIKE770]

of course they will say that, now get it checked for enforceability

[MIKE770]

echat11

[echat11]

Have you sent off the CPR? Just leave out the bit in bold and underlined

Holding fire on the CRP 31.14 as it request a date if defence.......

"To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."

When was the account opened?

Go through what they've sent one at a time. Has the CCA got all the prescribed terms? Is it a 'reconstituted agreement?
Have they 'varied' the agreement? i.e. has the APR gone up or down since you opened the account? Have they provided T's and C's for that 'variation'?

[C82]

can you point me in the direction of where to look please? What I have is below.


Started on the 7th of March 2017,

I have:

an e-signature document pack

ID verification page standard UK bank card check

a fixed some loan agreement regulated by the kitchen because he act 1974 2 page doc

standard European consumer credit precontract information


Written adequate exclamation page

and I direct debit guarantee with my details

[echat11]

can you point me in the direction of where to look please? What I have is below.


Started on the 7th of March 2017,

I have:

an e-signature document pack

ID verification page standard UK bank card check

a fixed some loan agreement regulated by the kitchen because he act 1974 2 page doc

standard European consumer credit precontract information


Written adequate exclamation page

and I direct debit guarantee with my details

Start with the Consumer Credit Agreement, read the link below -

https://lawzone.legal/when-is-a-cred...unenforceable/ (posted for information only)