Equivo/creation court claim received advice needed

[Quintado]

I have Received a claim

Issue date : 15th May


Amount approx : £11500

Claimant : Creation Financial services

Solicitor : Equivo


Original creditor : creation Financial services

Particulars of claim :


The Defendant (D) held the accounts as listed below with the claimant (C)
D failed to pay the sums due to C when demanded and the sums listed below remain outstanding
Account number xxxxxxxx
Debt balance £11500


Is the debt statue barred? No

Letters sent : Cca request ready to be sent tomorrow to creation and Equivo, looking for advice on what to request in CPR letter so I can send that tomorrow as well

Other info: Opened credit card with creation in mid 2019, make all payments until I ran into financial difficulty in 2023 and missed payments and defaulted in December 2023

Thank you

[Quintado]

Anyone able to assist with what I can request on the CPr letter with what is stated on the particulars of the claim?

[echat11]

Hi Quintado

Welcome to LB

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

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

b) Send a SAR request to Creation, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request to the Creation Financial services they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Equivo they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Quintado]

Thank you for your reply.

I have acknowledged the claim via MCOL

I have made a SAR sand CCA request to creation

My only doubt at the moment is what I can request in the CPR request from EQUIVO with the Worthing they have used on the particulars, I don't want to ask for something that they don't have to provide and mess the request up.

The particulars of the claim were:-




The Defendant (D) held the accounts as listed below with the claimant (C)
D failed to pay the sums due to C when demanded and the sums listed below remain outstanding
Account number xxxxxxxx
Debt balance £11500

Thank you

[echat11]

Thank you for your reply.

I have acknowledged the claim via MCOL

I have made a SAR sand CCA request to creation

My only doubt at the moment is what I can request in the CPR request from EQUIVO with the Worthing they have used on the particulars, I don't want to ask for something that they don't have to provide and mess the request up.

The particulars of the claim were:-




The Defendant (D) held the accounts as listed below with the claimant (C)
D failed to pay the sums due to C when demanded and the sums listed below remain outstanding
Account number xxxxxxxx
Debt balance £11500

Thank you

The documents you are seeking in the CPR request are all stated in their PoC.

[Quintado]

Thank you, I have requested the agreement, the default notice and notice of assignment, thank you for your assistance and patience I'm second guessing everything at the moment with this.

[echat11]

Thank you, I have requested the agreement, the default notice and notice of assignment, thank you for your assistance and patience I'm second guessing everything at the moment with this.

As long as you stick with the time lines, you have some control over the process.

[Quintado]

Hi,

I have not received any response yet to my CCA and CPR request yet. Creation and Equivo received them on 29/5. Creation emailed asking for id for the SAR request which I provided but have not heard anything back from that.

The issue date on the claim was May 15th so is there anything else I can do or do I need to submit my defence now?

Thank you

[echat11]

Hi,

I have not received any response yet to my CCA and CPR request yet. Creation and Equivo received them on 29/5. Creation emailed asking for id for the SAR request which I provided but have not heard anything back from that.

The issue date on the claim was May 15th so is there anything else I can do or do I need to submit my defence now?

Thank you

Have a go at your Defence, then copy and paste without personal details, then I can take a look.

e) This is an example Defence,

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

Very important to get your Defence into the Court.

[Quintado]

I've left personal details out and left the original bullet point numbers to hopefully make it easier for you to follow, I'll change these when it comes to submitting the defence.



In the Northampton County Court Business Centre

Claim No: [XXXXX]

Creation Financial services Limited

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 22nd May 2024.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Creation Financial services 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 fail to state when the agreement was entered into.


9.It is denied that Creation Financial services 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.

10.On the 28th May 2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Equivo Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Equivo limited has not sent any of these documents to the Defendant.

12.On the 28th May 2024 The Defendant sent a formal request for a copy of the original agreement to Creation Financial services Limited 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.

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 ________

[echat11]

It's fine, read through it several times, providing your happy with it, you can lodge it with the Court via MCOL. You can send a copy to Equivo, make sure you get Proof of Postage.



In the Northampton County Court Business Centre

Claim No: XXXXX

Creation Financial services Limited

Claimant

And

XXXXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on 15th May 2024.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Creation Financial Services 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 fail to state when the agreement was entered into.

7.It is denied that Creation Financial services 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.

8.On the 28th May 2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Equivo Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9.Equivo limited has not sent any of these documents to the Defendant.

10.On the 28th May 2024 The Defendant sent a formal request for a copy of the original agreement to Creation Financial services Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.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.

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.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.

14.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.

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

Statement of Truth

I believe the 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 ________

[Quintado]

Thank you very much, your assistance is invaluable

[Quintado]

Just an update, not received anything on the CCA or CPR request,

Received the documents from my SAR request from creation and have received

Copies of account statements
Copy of account information held
Copy of account notes
Template copies of letters sent to me (they do not hold exact copies)

It then states please note a copy of your agreement is not currently available

Thank you

[echat11]

Just an update, not received anything on the CCA or CPR request,

Received the documents from my SAR request from creation and have received

Copies of account statements
Copy of account information held
Copy of account notes
Template copies of letters sent to me (they do not hold exact copies)

It then states please note a copy of your agreement is not currently available

Thank you

All good, so far. Update when you get further information.

[Quintado]

Received the following response and reconstituted cca

Would the best plan of attack now be to say that due to no date or credit limit stated the debt is unenforceable and try and get a 10% settlement or just sit back and wait?

Thank you