Originally posted by echat11
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6, The claimants Particulars of Claim states the agreement was entered into on the 26th November 2015. (is that date given in the Particulars of Claim?) <<< Yes it is - O.K. (next time, copy stuff verbatim)
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 acknowledgement has been made for over 6 years. (so you are leaving that in). <<< Yes, I'm hoping it's ok to do so. I don't think it is Statute Barred, because they didn't default the account until July 2018. But keep it in, if you wish.
8, The Claimant's statement of case does not state that the account was assigned from FCA Auto Services to CA Auto Finance UK LTD. The defendant does not recall receiving any notice of this assignment. (it might just be a name change) <<< I guess it might be but I'll leave that as is if that's ok - o.k.
9, The Claimant is required to prove that the Default 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. (did you receive a default notice at the time?, if not you really need to include the complete wording) <<< I received a default in July 2018 but I believe they didn't legally give me enough time to pay. The Default Notice they are using is dated Jan 2018 but I don't ever remembering receiving that, so it could be 'manufactured'. - Include the complete wording from the example defence.
10, On the 13th 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 Stevensdrake. The defendant requested the Claimant provide copies of the Default Notice, the Notice of Assignment, The Statement of Account and Termination Notice. (did you ask for the CCA as well?) << I requested the CCA separately. - You should have requested it in your CPR 31.14 request, because they state it in their CPR Particulars of Case..
I'll add point 12 - ok.
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 acknowledgement has been made for over 6 years. (so you are leaving that in). <<< Yes, I'm hoping it's ok to do so. I don't think it is Statute Barred, because they didn't default the account until July 2018. But keep it in, if you wish.
8, The Claimant's statement of case does not state that the account was assigned from FCA Auto Services to CA Auto Finance UK LTD. The defendant does not recall receiving any notice of this assignment. (it might just be a name change) <<< I guess it might be but I'll leave that as is if that's ok - o.k.
9, The Claimant is required to prove that the Default 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. (did you receive a default notice at the time?, if not you really need to include the complete wording) <<< I received a default in July 2018 but I believe they didn't legally give me enough time to pay. The Default Notice they are using is dated Jan 2018 but I don't ever remembering receiving that, so it could be 'manufactured'. - Include the complete wording from the example defence.
10, On the 13th 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 Stevensdrake. The defendant requested the Claimant provide copies of the Default Notice, the Notice of Assignment, The Statement of Account and Termination Notice. (did you ask for the CCA as well?) << I requested the CCA separately. - You should have requested it in your CPR 31.14 request, because they state it in their CPR Particulars of Case..
I'll add point 12 - ok.
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