Tweet
Originally posted by echat11
View Post
Loading...
-
Hi apologies to bother you again. Would i be correct in thinking that I should actually file my defense on the 12th of November. As the date of claim was the 10th of October ive read somewhere that the 28 day rule starts 5 days after that under rule 6.14. Im worried i file it to early and I recieve a response to the CPR after ive filled it if you know what I mean. Thanks -
In the Defence all you are addressing is their Particulars of Claim. The relevance of the CPR 31.14 (they have 7 days to respond) request is, have they provided the documents you have requested? The content of the requested documents can be addressed in your Witness Statement as the case progresses. Your Defence will say 'the documents were requested, they have provided the requested documents' or 'they haven't provided the requested documents' etc. 'Im worried i file it to early and I recieve a response to the CPR after ive filled it if you know what I mean.', so that isn't a consideration as such. If they need more time to provide the requested documents, they will confirm that in writing. So in that case you could wait until you've received the documents before filing your Defence. Some Defendants decide they don't want to Defend after receiving the documentation.Originally posted by Davies84uk View PostComment
-
Ok thanks is the 28 days up on the 12th or 7th of November if the date of claim is 10th of October? CheersOriginally posted by echat11 View PostComment
-
Hi im going to file my defence tomorrow. I have not recieved anything back from TM Legal with regards to the CPR 31.14 request. Tracking shows they recieved it on the 20th of October. This is my defenseOriginally posted by echat11 View Post
Claim No:
Between:
Perch Capital Limited (Claimant)
10 Whitehills Business Park, Whitehills Drive, Blackpool, FY4 5LW
and
(Defendant)
---
DEFENCE
1. The Defendant received the claim form (number) from the Northampton County Court Business Centre on 13 October 2025.
2. Each and every allegation in the Particulars of Claim is denied unless specifically admitted in this Defence.
3. This claim appears to relate to a Sky Communications agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant previously held an account with Sky for the provision of communications services. However, the Defendant is unable to identify any agreement that corresponds to the alleged debt and therefore cannot admit the alleged balance.
5. The Particulars of Claim fail to provide sufficient details to enable the Defendant to properly assess their position with regard to the claim. In particular, the Particulars fail to specify when the alleged agreement was entered into, what services or credit were provided, or how the amount claimed has been calculated.
6. The Claimant’s statement of case states that the account was assigned from Sky to Perch Capital Limited on 29 November 2024. The Defendant does not recall receiving any notice of assignment and puts the Claimant to strict proof of service of such notice pursuant to Section 136 of the Law of Property Act 1925.
7. It is denied that any Default Notice was served by Sky on the Defendant in accordance with Section 87(1) of the Consumer Credit Act 1974. The Claimant is required to prove that a valid Default Notice was issued in the prescribed form as required by Section 88(4A) and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.
8. On 17 October 2025, the Defendant made a formal request under CPR 31.14 to TM Legal Services, the Claimant’s solicitor, requesting copies of the documents mentioned in the Particulars of Claim, namely:
The original agreement and applicable terms and conditions;
The notice of assignment; and
The default or termination notice.
To date, the Claimant has failed to comply with this request.
9. The Defendant also notes that the Claimant failed to provide documents previously requested in response to two pre-action letters of claim, despite confirming in writing that the matter would be placed “on hold” until such documentation was supplied.
10. Under CPR 16.5(4), where a claim includes a money claim, a defendant is deemed to require that any allegation relating to the amount of money claimed be proved unless expressly admitted. The Defendant therefore puts the Claimant to strict proof of the alleged debt and the amount claimed.
11. The Defendant respectfully requests that the Court orders the Claimant to provide the necessary documentation to substantiate the claim. Should the Claimant fail to do so, the Defendant asks that the claim be struck out as an abuse of process.
12. In the event that the relevant documents are later provided, the Defendant reserves the right to amend this Defence accordingly and will seek the costs of any such amendment from the Claimant.
13. It is therefore denied that the Claimant is entitled to the relief 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: __________________________
Name:
Dated: __________________________
Comment
-
The following should suffice, you really don't need to add anything else, but it's up to you.
DEFENCE
1. The Defendant received the claim form XXXXXXX from the Northampton County Court Business Centre on 13 October 2025.
2. Each and every allegation in the Particulars of Claim is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Sky service agreement.
4. It is admitted that the Defendant previously held an account with Sky for the provision of services.
5. The Particulars of Claim fail to provide sufficient details to enable the Defendant to properly assess their position with regard to the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimant's statement of case states that the account was assigned from Sky to Perch Capital Limited on 29 November 2024. The Defendant does not recall receiving any notice of assignment.
8. On 17 October 2025, the Defendant made a formal request under CPR 31.14 to TM Legal Services, the Claimant's solicitor, requesting copies of the documents mentioned in the Particulars of Claim, namely: The original agreement and applicable terms and conditions, the notice of assignment and the default or termination notice.
9. TM Legal has not sent any of these documents to the Defendant.
10. Under CPR 16.5(4), where a claim includes a money claim, a defendant is deemed to require that any allegation relating to the amount of money claimed be proved unless expressly admitted. The Defendant therefore puts the Claimant to strict proof of the alleged debt and the amount claimed.
11. The Defendant respectfully requests that the Court orders the Claimant to provide the necessary documentation to substantiate the claim. Should the Claimant fail to do so, the Defendant asks that the claim be struck out as an abuse of process.
12. In the event that the relevant documents are later provided, the Defendant reserves the right to amend this Defence accordingly and will seek the costs of any such amendment from the Claimant.
13. It is therefore denied that the Claimant is entitled to the relief 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: __________________________
Name:
Dated: __________________________
Comment
-
Thats great thank you. Where it says signed at the bottom do I literally just type my name. Also I just want to say I appreciate the time you have taken to help me through this. Im super greatful regardless of the outcomeOriginally posted by echat11 View PostComment
-
Printing your name is fine.Originally posted by Davies84uk View Post
Update when you get a response from the Court or TM Legal.
Make sure you send Sky a SAR request.Comment
-
Thank you, will do. I sent Sky a SAR request on the 17th of October recorded delivery.Originally posted by echat11 View PostComment
-
Hi ive gone to log on today to MCOL and it will.not accept my password. One i have called the MCOL help desk they have stated it is a one time use password and I can no longer use it again. This does not make sense. They are saying I can no longer get into the account and I have to respond via post using a N9B form. Is this current as im super frustrated and need to log the defense today.Originally posted by echat11 View PostComment
-
See if the following helps -Originally posted by Davies84uk View Post
https://www.gov.uk/respond-to-court-...a-claim-online
Try https://www.moneyclaims.service.gov....laim-reference
https://www.gov.uk/government/public...claims-serviceComment
-
Its ok ive now managed to get on and log my defenseOriginally posted by Davies84uk View PostComment
-
It's standard, but beneficial response, but it's up to you. They don't sound confident.Originally posted by Davies84uk View PostComment
-
Im thinking of calling their bluff as I genuinely dont believe i owe that much. Ive responded to not 1 but 2 letter before claims both of which the format was off and sections were missing. They responded to 1 of these saying it was on hold until they provide the documents until the 13th of October. They then proceeded with the claim on the 10th of October so 3 days before the deadline and didn't provide any documents. I then sent off a CPR 31.14 and they still.havent responded to that. Now they send me this offer. I feel like if I respond to this im accepting some form of liability and I dont know if I am liable. Its a risk for sure though. What additional costs can be added I dont understand?Originally posted by echat11 View PostComment
-
Providing your 'conduct' in the case is diligent, i.e. you do things the Court asks you to do etc it will likely be Court Costs, fees etc.Originally posted by Davies84uk View Post
Comment
Comment