Civil National Business Centre Claim Form Received

[C82]

I did send them a recorded letter to let them know the copies are illegible. This was Monday, and they are yet to reply.

Give how quick they got the original copies to me, 3/4 days. Can I assume they may only have those copies?

[echat11]

I did send them a recorded letter to let them know the copies are illegible. This was Monday, and they are yet to reply.

Give how quick they got the original copies to me, 3/4 days. Can I assume they may only have those copies?

Can't say 100%, but more then likely. There would be no point in sending you the 'illegible' copies if they had 'legible' copies available.

[C82]

So I’ve had no response to my request for more legible copies.


What do I do next?

[C82]

So I’ve had no response to my request for more legible copies.


What do I do next? Do I have a time limit to abide by?

[atticus]

Send a polite reminder?

And after that, you will be entitled to assume that what you were given is the best there is.

[C82]

What is defined as illegible?

I just asked my other half to read them, and she says she can make out what the words say, although it’s very small and faded. Me personally would need a magnifying glass. It would be hard enough reading the originals, let alone faded copies of.

[C82]

Okay, so I’m at a loose end now and time is ticking.

Does anybody know if the documents I posted in post #28 are the documents they need should they be deemed legible?

I’m just trying to figure out if they sent me the correct documents in the first place.


Time is ticking now, I’m not sure what my next options are. Am I on a time limit with the court?

[echat11]

What is defined as illegible?

I just asked my other half to read them, and she says she can make out what the words say, although it’s very small and faded. Me personally would need a magnifying glass. It would be hard enough reading the originals, let alone faded copies of.

If you can't read it, it's illegible. You shouldn't have to try to make out what the words are. You have said that is the case.

[echat11]

Okay, so I’m at a loose end now and time is ticking.

Does anybody know if the documents I posted in post #28 are the documents they need should they be deemed legible?

I’m just trying to figure out if they sent me the correct documents in the first place.


Time is ticking now, I’m not sure what my next options are. Am I on a time limit with the court?

Have you done your Defence yet?

[C82]

No. is my defence that they are illegible? I’m not sure if they’ve sent me proper documents yet.

[echat11]

No. is my defence that they are illegible? I’m not sure if they’ve sent me proper documents yet.

There is a date on the claim form, if you acknowledged service of the claim then you have 28 days to file your Defence (if it's 'illegible' then they haven't complied with your CCA request).

The Default Notice has to comply, they need to follow all the correct processes.

https://www.legislation.gov.uk/ukpga...efault-notices

https://www.legislation.gov.uk/ukpga...otices/enacted

[echat11]

Phone the Court tomorrow, find out what is the latest with regards your case.

This is an example Defence, have a go, copy and paste back to this thread without personal details.

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

We need to get it in tomorrow, it should have been in by the 12th October. The only good thing is that you sent them a Recorded Letter.

[echat11]

The bits in red need filling in / amending. If you remove any points, remember to re-number.

In the Northampton County Court Business Centre

Claim No: XXXXX

Claimants Name

Claimant

And

Defendants Name

Defendant

DEFENCE

1.The Defendant received the claim no: XXXXXXX from the Northampton County Court on XX/XX/XX.

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 Loan Account agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted/denied – Only deny opening the account if you genuinely believe you did not open the account, otherwise admit.] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] 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 states the agreement was entered into on 09/03/2017.

7.The Claimants statement of case states that the account was assigned from Shawbrook Bank Limited to Asset Link Capital on 30/06/2021. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Shawbrook Bank 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 XX/XX/XX The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the XX/XX/XX The Defendant sent a formal request for a copy of the original agreement to Asset Link Capital pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13. On XX/XX/XX the Defendant sent via Recorded Delivery (Royal Mail) a request that the Claimants solicitor's provide a legible copy of the agreement. The Claimant's solicitor's has not provided the requested documents.

14.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.

15.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.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend their Defence, and would ask that the Claimants bear the costs of the amendment.

17.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 ________

[C82]

Thank you so much. I redacted personal parts but my defence is below. Posted, now awaiting.

I am out of the country for half-term, should I be keeping an eye on it?


I will make a donation to the site in due course.









Claim No:




Asset Link Capital (NO7) - Claimant




- Defendant







DEFENCE




1.The Defendant received the claim no: xxx from the Northampton County Court on 18/09/23.




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 Loan Account agreement regulated under the Consumer Credit Act 1974.




4.It is admitted that the Defendant has previously entered into an agreement with Shawbrook Bank Limited 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 states the agreement was entered into on 09/03/2017.




7.The Claimants statement of case states that the account was assigned from Shawbrook Bank Limited to Asset Link Capital on 30/06/2021. The Defendant does not recall receiving notice of this assignment.




8. It is denied that Shawbrook Bank 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 19/09/23 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.




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




11.On the 19/09/23 The Defendant sent a formal request for a copy of the original agreement to Asset Link Capital pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.




12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.




13. On 09/10/23 the Defendant sent via Recorded Delivery (Royal Mail) a request that the Claimants solicitor's provide a legible copy of the agreement. The Claimant's solicitor's has not provided the requested documents.




14.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.




15.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.




16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend their Defence, and would ask that the Claimants bear the costs of the amendment.




17.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.

[echat11]

That's fine.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage,