Urgent help prepare defence

[Tony9999]

Received a claim? Yes/No: Yes
Issue Date: 23 nov
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 3k
Original Debt (eg. Credit card/Loan/Overdraft) : Credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

By an agreement between an entity within XX Banking Group & Defendant on or around 10/09/2012 ('the Agreement') XX Banking Group agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. XXXX Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (XX Limited), has arranged for these proceedings to be issued in the name of the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS 1. 2750 2. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes a few months ago and asked them for proof of debt
List any letters you have sent (eg: CCA/ CPR ): CCA , CPR , SSA
Any Other Information or Background Details:

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defence
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1. The Defendant received the claim CLAIM_NUMBER_ENTER from the CIVIL NATIONAL BUSINESS CENTRE County Court on 28 Nov 2023.
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 Credit Card agreement regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim requiring the claimant to prove the claim.
5. The Claimant Solicitor where requested to provide details but no details were provided by Claimant Solicitor.
6. The Claimant’s Particulars of Claim states the agreement was entered into on or around _ENTER/08/2012.
7. The Claimants statement of case states that the account was assigned from _ENTER Banking Group to _ENTER LIMITED. No date of assignment mentioned by the claimant.The Defendant does not recall receiving notice of this assignment.
8. It is denied that _ENTER Banking Group 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 (_ENTER) XX Dec 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 [_ENTER Claimant’s Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. [(_ENTER) Claimant’s Solicitor] has not sent any of these documents to the Defendant.

1. On the [(_ENTER) DEC 2023] The Defendant sent a formal request for a copy of the original agreement to [(_ENTER) Banking Group] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1) (GUIDANCE PLEASE WHICH ONE APPLIES] 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 awaiting response. Request the court to allow 2 weeks to respond.

15.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.

16.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.

17.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.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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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echat11 atticus R0b

[R0b]

Hi

Is there a question?

[atticus]

Tony9999

[Tony9999]

Please review the defence i prepared and guide?

[Tony9999]

Hi

Is there a question?

thank you for your quick reply kindly review the defense i prepared and guide for any changes ; i do have a question with the defence line like "13.The Claimant has failed to comply with [s77 (1) / s 78 (1) (GUIDANCE PLEASE WHICH ONE APPLIES] 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 awaiting response. Request the court to allow 2 weeks to respond."

[Tony9999]

Hi

Is there a question?

thank you for your quick reply kindly review the defense i prepared and guide for any changes ; would really appreciate if you could review the whole defence
i do have a questions within the defence one is below

"13.The Claimant has failed to comply with [s77 (1) / s 78 (1) (GUIDANCE PLEASE WHICH ONE APPLIES] 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 awaiting response. Request the court to allow 2 weeks to respond."

[atticus]

why not say s77(1) and/or s78(1)?

[echat11]

If you could provide other / further information regarding circumstances of the debt that would be good.

You need to address the text in red.

If no.7 doesn't apply, then remove and renumber.

Make sure you read it.

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.

DEFENCE

1.The Defendant received the claim XX/XX/XX from the CIVIL NATIONAL BUSINESS CENTRE County Court on 23^rd November 2023.

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 Credit Card 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 fail to state when the agreement was entered into.

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

What no 7. is referring to is,have you made any payments or written acknowledging the debt in the last 6 years? If the answer is no the debt might be statute barred and the Limitations Act applies.

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant], but does not give a date. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Original Creditor] 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.

10.On theXX/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 [Claimant Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

12.On the XX/XX/XX The Defendant sent a formal request for a copy of the original agreement to [Claimant]pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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 his 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 ________

[Tony9999]

why not say s77(1) and/or s78(1)?

Thank you for your guidance , so below would be
==============
I have until 26 dec with the claim date of 23 nov to submit the defence?
===========

(i understand that the extension can be a max of 28 days)

13.The Claimant has failed to comply with s77(1) and/or s78(1)?
Consumer Credit Act 1974 and by virtue of s77 (4) and/or s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

1. The Defendant has asked the Claimant if we may agree to extend the time period allowed for the filing of the defense pending receipt of documents (as allowed under CPR 15.5), but awaiting a response. Request the court to allow 2 weeks to respond. Please allow a further 2 weeks to prepare a defense with the information provided.

--------------------------------
I am not sure about opening the credit card so instead of admiting or denying can i say the below

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim requiring the claimant to prove the claim.

instead of

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.
==================
i am not sure on the below if i have made payments or not ; i dont what to search for have and they have not provided any details . they are not even sure of the date of account opening and use the wording in or around

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

What no 7. is referring to is,have you made any payments or written acknowledging the debt in the last 6 years? If the answer is no the debt might be statute barred and the Limitations Act applies.

=================

[Tony9999]

If you could provide other / further information regarding circumstances of the debt that would be good.

You need to address the text in red.

If no.7 doesn't apply, then remove and renumber.

Make sure you read it.

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.

DEFENCE

1.The Defendant received the claim XX/XX/XX from the CIVIL NATIONAL BUSINESS CENTRE County Court on 23^rd November 2023.

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 Credit Card 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 fail to state when the agreement was entered into.

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

What no 7. is referring to is,have you made any payments or written acknowledging the debt in the last 6 years? If the answer is no the debt might be statute barred and the Limitations Act applies.

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant], but does not give a date. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Original Creditor] 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.

10.On theXX/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 [Claimant Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

12.On the XX/XX/XX The Defendant sent a formal request for a copy of the original agreement to [Claimant]pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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 his 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 ________

Thank you for your guidance, so below would be
==============
I have until 26 dec with the claim date of 23 nov to submit the defence online? i copy and paste this text and try and attach images of the letters sent along with the 2 1£ postal orders with proof of postage.

==========
sending the solicitor email to extend the time for filling is ok or should i send a letter as well?
===========

(i understand that the extension can be a max of 28 days)

13.The Claimant has failed to comply with s77(1) and/or s78(1)?
Consumer Credit Act 1974 and by virtue of s77 (4) and/or s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

1. The Defendant has asked the Claimant if we may agree to extend the time period allowed for the filing of the defense pending receipt of documents (as allowed under CPR 15.5), but awaiting a response. Request the court to allow 2 weeks to respond. Please allow a further 2 weeks to prepare a defense with the information provided.

--------------------------------
I am not sure about opening the credit card so instead of admiting or denying can i say the below

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim requiring the claimant to prove the claim.

instead of

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.
==================
i am not sure on the below if i have made payments or not ; i dont what to search for have and they have not provided any details . they are not even sure of the date of account opening and use the wording in or around

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

What no 7. is referring to is,have you made any payments or written acknowledging the debt in the last 6 years? If the answer is no the debt might be statute barred and the Limitations Act applies.

=================

[echat11]

A) I have until 26 dec with the claim date of 23 nov to submit the defence online? i copy and paste this text and try and attach images of the letters sent along with the 2 1£ postal orders with proof of postage.

You have 28 days from the date on the claim form, you get 5 days for postal. The important thing is not to miss the deadline. You don't need to send anything else, just your defence.

==========
B) sending the solicitor email to extend the time for filling is ok or should i send a letter as well?
===========

(i understand that the extension can be a max of 28 days)

The extension request would be to file your defence, but you've got your defence ready to file.

C) 13.The Claimant has failed to comply with s77(1) and/or s78(1)?
Consumer Credit Act 1974 and by virtue of s77 (4) and/or s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

It's s78.

D) The Defendant has asked the Claimant if we may agree to extend the time period allowed for the filing of the defense pending receipt of documents (as allowed under CPR 15.5), but awaiting a response. Request the court to allow 2 weeks to respond. Please allow a further 2 weeks to prepare a defense with the information provided.

As above
--------------------------------
E) I am not sure about opening the credit card so instead of admiting or denying can i say the below

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim requiring the claimant to prove the claim.

instead of

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.
==================

No, if you don't remember opening the account, then deny opening the account, they'll need to prove evidence that you did.

F) i am not sure on the below if i have made payments or not ; i dont what to search for have and they have not provided any details . they are not even sure of the date of account opening and use the wording in or around

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

What no 7. is referring to is,have you made any payments or written acknowledging the debt in the last 6 years? If the answer is no the debt might be statute barred and the Limitations Act applies.

Then remove 7 completely and renumber, if you have evidence later that it's statute barred, you can put that into your Witness Statement.