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1.The Defendant received the claim XXXXXXX from the Northampton County Court on the 11th of November 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 entered into an agreement with New Day 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 01/12/2015.
7.The Claimants statement of case states that the account was assigned from New Day RE Aqua to Cabot, but no date is specified. The Defendant does not recall receiving notice of this assignment.
8.It is denied that New Day 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 toprove that the any Default notice relied upon complied withthe 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 13/11/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10.Mortimer Clarke Solicitor has not sent any of these documents to the Defendant.
11.On the 13/11/2024 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.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.
13.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.
14.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.
15.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.
16.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe 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 ________
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