CCBC claim form received from DRYSDENSFAIRFAX

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

At the end of the extension period if you still have no documents you can either enter a defence or an application for an unless order to force compliance with the CPR 31.14 request.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Would the defence be failure to provide any documents? What would in your opinion be the option out of your 2 choices? Does the unless order give them a set amount of time to comply and if they don't thats it?

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Right I have to decide what I'm going to do as I have only really got tomorrow to sort this out. Can anyone point me in the direction of example defences which I could adjust for my own use. I really have not got a clue what I should be writing.

How do you go about getting an unless order and what would I have to write in this?

Please help

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

This is the information of the CPR 31.14 unless order http://www.legalbeagles.info/forums/...order-at-court they can be a bit hit or miss in the past depending on the Judge you get so we've been going mainly with defences of late. However the unless orders have been getting some good results lately.

Defence wise - theres a few examples about - http://www.legalbeagles.info/forums/...239#post445239 or http://www.legalbeagles.info/forums/...382#post454382 should get you started

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Ok this is what i've got if anybody is out there and could give it a quick read to check its ok it would be very much appreciated. I have to submit this today.


Preliminary matters
1. The Claimants claim form fails to adequately set out the nature of the Claim.
2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.
3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.
The Claim
4. The Defendant does not know what this claim relates to. Phoenix Recoveries (UK) are not, and never have been a credit provider so the Defendants do not know how they could have a credit agreement with them.
5. The particulars of the claim fail to state when the agreement was entered into.
6. The sparse particulars of the claim state that by virtue of a sale agreement between Phoenix Recoveries (UK) and the claimant, the claim vested in the claimant who has a genuine commercial interest. No date is given when this happened and the Defendant does not recall receiving notice of this assignment.
7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.
8. In respect of matters, which the Defendant is able to plead to, on the **th June 2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of contract.
9. The claimant has thus far failed to disclose any documents relating to their claim to the Defendant.
10. Accordingly the Claimant has failed to comply with s78 (1)Consumer Credit Act 1974 and by virtue s78 (4) Consumer Credit Act 1974 cannot enforce the agreement.
11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and condition are disclosed by the Claimant. The amendment will be due to lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.
12. On the **th June 2014 the Defendant also sent a request for inspection of documents mentioned in their statement of case to too Drydensfairfax solicitors, as allowed under CPR 31.14. No documents have as yet been provided.
13. A 14 day extension has been agreed to enable the Claimant to supply the requested documents but as yet the Defendant has received nothing.
14.For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the claim is based. In the event the claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the claim out.
Default Notice
15. It is denied that the 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.
16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the claim form the Defendant is prejudiced. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.
Notice of sums in arrears
17. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears in a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.
Conclusion
18. Accordingly, the Defendant avers that
18.1. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.
18.2. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.
18.3 Therefore, the Claimants claim should be dismissed and the Claimant should pay the Defendants costs.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Have amended a couple small parts - made the CCA request s77 to s79 as the claimants POC hasnt even said if it is a loan, credit card, overdraft etc .

[

Preliminary matters[/B]
1. The Claimants claim form fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

The Claim
4. The Defendant does not know what this claim relates to. Phoenix Recoveries (UK) are not, and never have been a credit provider so the Defendants do not know how they could have a credit agreement with them, and to their knowledge have never held any agreement with Phoenix Recoveries (UK)

5. The particulars of the claim fail to state when the agreement was entered into or for what kind of credit.

6. The sparse particulars of the claim state that by virtue of a sale agreement between Phoenix Recoveries (UK) and the claimant, the claim vested in the claimant who has a genuine commercial interest. No date is given when this happened and the Defendant does not recall receiving notice of this assignment.

7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

8. In respect of matters, which the Defendant is able to plead to, on the **th June 2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s77 to s79 Consumer Credit Act 1974 to ascertain more details of the agreement which the Claimant was demanding payment under and to obtain further information about the terms of contract.

9. The claimant has thus far failed to disclose any documents relating to their claim to the Defendant.

10. Accordingly the Claimant has failed to comply with s77 to s79 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and condition are disclosed by the Claimant. The amendment will be due to lack of disclosure by the Claimant and the failure to respond to the formal request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

12. On the **th June 2014 the Defendant also sent a request for inspection of documents mentioned in their statement of case to too Drydensfairfax solicitors, as allowed under CPR 31.14. No documents have as yet been provided.

13. A 14 day extension has been agreed to enable the Claimant to supply the requested documents but as yet the Defendant has received nothing.

14.For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the claim is based. In the event the claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the claim out.

Default Notice
15. It is denied that the 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.

16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the claim form the Defendant is prejudiced. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears
17. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears in a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion
18. Accordingly, the Defendant avers that
18.1. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.
18.2. The Claimant has not complied with s77 to s79 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.
18.3 Therefore, the Claimants claim should be dismissed and the Claimant should pay the Defendants costs.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Have you heard anything back on this as yet samsung?

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Nothing as yet just confirmation from the court that my defence has been received. I have a couple of other debts about the same age as this that I would like to deal with (not quite as advanced as this) should I start another thread?

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Okay, court does seem to be backed up a bit at the moment.

Yes start a new thread for the other debts - be easier to keep track off if separate xxx

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

still no reply as yet

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Ok I received a letter from Arrow today saying they are changing solicitors from Drydens to their own in house litigation team. The letter also says the debt was originally with littlewoods with last payment made july 2007. I will scan the letters tomorrow morning and post on here so you can have a look as I have to work tonight. Regards.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Sounds good.... so statute barred and a pre 2007 littlewoods catalogue debt look forward to seeing the letters

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi, here is the letter they sent me. My first thoughts are that they have not actually sent me any of the documents that I originally requested and as yet I have had no evidence that this debt actually exists. Is this not also part of my defence their failure to disclose documents? I am also thinking is my next step going to be a statute barred letter surely they must be thinking i'm going to do that!

Next question is that I sent a letter to Drydens requesting documents do I now have to send another one to Arrow?

I am also intrigued to know the significance of pre 2007 littlewoods accounts ( assuming Littlewoods Extra agreements are the same ) ?

Sorry lots of Q's

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Any thoughts on this anyone?

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Before 2007 Littlewoods weren't very good at getting your to sign a credit agreement or keeping a copy of said credit agreement.... so they may not be able to find one to comply with the CCA request and thus unable to enforce the agreement. Your CCA request went to Arrow anyway didn't it, so that should be fine.

So you may need to amend your defence now you know what the debt is and that it is statute barred.... you could write to Arrow and tell them you won't be withdrawing your defence and ask them to agree to you amending your defence and paying the costs of such. Remind them they haven't complied with the CCA request and that the debt is statute barred and invite them to withdraw rather than continuing the claim and incurring additional costs.