Bryan Carter solicitors court Claim

[owen2014]

Re: Bryan Carter Claim

Any response to your CPR request? You don't need to chase the CCA request but they should respond to the CPR request in 7 days.

I had that letter above on 24/7...do I need to send something else??

[FlamingParrot]

Re: Bryan Carter Claim

I had that letter above on 24/7...do I need to send something else??

That's BC's standard template response to all CPR requests. :rant: :mad2:

See this post for a response: http://www.legalbeagles.info/forums/...385#post410385

[owen2014]

Re: Bryan Carter Claim

Hi All,

Not received any response for the CCA request, still awaiting a response from chaser for CPR.

My defense has to be submitted by 12/08..do I have to do anything else currently??

[owen2014]

Re: Bryan Carter Claim

Hi All,

I have received this from BC today - I take it I can start writing my defense up? Really unsure on next stages now???

http://i61.tinypic.com/1iz9c0.jpg

Thanks!!!

[Amethyst]

Re: Bryan Carter Claim

Hiya Owen, That's pretty standard fayre as I'm sure you've gathered.

So yes, start preparing your defence, presumably you've had no response to your CCA request ?

[owen2014]

Re: Bryan Carter Claim

Hiya - not had any response for the CCA request

Any links to help writing a defense??

[Amethyst]

Re: Bryan Carter Claim

COUPLE EXAMPLES as a starting point. If you have a go at drafting it and post up we can help check it over xxxx

1. The Claimants statement of case 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 what the debt relates excepting that the original debt is alleged to be owed under an agreement between the Defendant and Shop Direct under account reference xxxxxxxxxxxxxxx

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued.

4. No date of inception of the account has been given.

5. The particulars of claim state that the account was assigned from SHOP DIRECT to LOWELL PORTFOLIO on 16/01/2012. The Defendant has not received any notification of this assignment

6: The Defendant received no communication from the Claimant until receipt of this claim and therefore it is denied that the Claimants have complied with the pre-action conduct rules.

6. The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.

7: On XXXXXXXXXXXX the Defendant wrote to the Claimants requesting inspection of documents disclosed in its statement of case under CPR 31.14 - being the agreement, terms, assignment and default notice.

8: Had the claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. The Defendant is entitled to see the documents on which the Claimant relies and which they will have to produce at trial. Inspection of disclosed documents at this stage will enable the Defendant to fully plead the case and further the Overriding Objective.

9: On xxxxxxxxxxxxxx the Defendant also wrote to the Claimant pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

10. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

11. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.

13. The Defendant admits having held credit accounts with Shop Direct historically however is unaware of any debt owing. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

14. 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.

15. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed


Dated

Slightly different example ( change s77(1) and 77(4) to s78(1) and 78(6) for running credit)

N THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: xxxxxxxxxxxxx

BETWEEN:

MKDP xxxxxxxxxxxxxx
CLAIMANT
And

Dizzy xxxxxxxxxxxxxxxxxxxxx
DEFENDANT


__________________________________________________ _____
Defence
__________________________________________________ _____

Preliminary Matters

1. The Claimants claim form fails to adequately or even accurately 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 alleged 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 Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. 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 that 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. It is admitted that the Defendant has, in the past, entered into agreements with Marks and Spencer Financial Services Plc. The Defendant belives this claim may relate to a loan agreement but without further details is unable to be certain.

5. The particulars of claim fail to state when the agreement was entered into.

6. The sparse particulars of claim state that the account was assigned from Marks and Spencer Financial Services Plc to MKDP LLP on 29/01/2013. 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 15/04/2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s77 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

9. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

10. Accordingly the Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (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 that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s77
CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

15. In the premise that the disclosures and pleadings are inadequate, the Defendant is faced with difficulty in pleading further

16. 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

17. It is denied that the original creditor, Marks and Spencer Financial Services Plc, 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.

18. 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.

19. 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
20. Accordingly, the Defendant avers that

20.1. The Claimant has failed to plead properly in this matter

20.2. The Claimant has not complied with s77 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

20.3. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs to be summarily assessed on an indemnity basis.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated

[owen2014]

Re: Bryan Carter Claim

Hiya - not had any response for the CCA request

Any links to help writing a defense??

[Amethyst]

Re: Bryan Carter Claim

lol, read back a post xx

[owen2014]

Re: Bryan Carter Claim

Is this ok? Also when I spoke to Court they said I can email the defense - will this ok? defense it due 12/08?

1. The Claimants statement of case 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 what the debt relates excepting that the original debt is alleged to be owed under an agreement between the Defendant and Shop Direct under account reference 22859325

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued.

4. The Defendant admits she has purchased various items from
stores which fall under the Shop Direct brand in the past however the
claim is not specific as to which of these products the claim
refers to. There is no account reference or other identification
within the statement of case. It would be guess work for the
Defendant to attempt to defend or admit the claim without further
details being forthcoming from the Claimant.


5. The particulars of claim state that the account was assigned from SHOP DIRECT to LOWELL PORTFOLIO on 24/06/2013. The Defendant has not received any notification of this assignment

6. The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.

7: On 20/07/2014 the Defendant wrote to the Claimants requesting inspection of documents disclosed in its statement of case under CPR 31.14 - being the agreement, terms, assignment and default notice.

8: The claimants have failed to supply these documents

9: Had the claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. The Defendant is entitled to see the documents on which the Claimant relies and which they will have to produce at trial. Inspection of disclosed documents at this stage will enable the Defendant to fully plead the case and further the Overriding Objective.

10: On 20/07/2014 the Defendant also wrote to the Claimant pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

10. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

11. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.

13. The Defendant admits having held credit accounts with Shop Direct historically however is unaware of any debt owing. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

14. 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.

15. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed


Dated

[Amethyst]

Re: Bryan Carter Claim

Is this ok?

Yep looks okay for a starting point as you have received no documents at all. You need to go through and check you don't have a sex change halfway through though

Also you have put ''There is no account reference or other identification within the statement of case.'' but further up you have quoted the reference number from the Particulars of claim so need to amend that to say you are unable identify which account it is from that reference from your own records. Also I'd have a little look at the ordering - para 13 is a bit of a repeat. So all the bits are in there, just needs some refining.

Also when I spoke to Court they said I can email the defense - will this ok? defense it due 12/08?

Yes you can email it, layout as in attachment below and print to a PDF document rather than pasting into the email. Cover note on email with case number, claimants and defendant names and that Defence is attached.

[owen2014]

Re: Bryan Carter Claim

Is this any better?

1. The Claimants statement of case 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 what the debt relates excepting that the original debt is alleged to be owed under an agreement between the Defendant and Shop Direct under account reference 22859325

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued.

4. The Defendant admits she has purchased various items from
stores which fall under the Shop Direct brand in the past however the
claim is not specific as to which of these products the claim
refers to. The Defendant is unable to identify to which account the claim refers to as she does not recognise the account number given in the claim. It would be guess work for the Defendant to attempt to defend or admit the claim without further details being forthcoming from the Claimant.


5. The particulars of claim state that the account was assigned from SHOP DIRECT to LOWELL PORTFOLIO on 24/06/2013. The Defendant has not received any notification of this assignment

6. The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.

7: On 20/07/2014 the Defendant wrote to the Claimants requesting inspection of documents disclosed in its statement of case under CPR 31.14 - being the agreement, terms, assignment and default notice.

8: The claimants have failed to supply these documents

9: Had the claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. The Defendant is entitled to see the documents on which the Claimant relies and which they will have to produce at trial. Inspection of disclosed documents at this stage will enable the Defendant to fully plead the case and further the Overriding Objective.

10: On 20/07/2014 the Defendant also wrote to the Claimant pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

10. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

11. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.

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. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed


Dated

[owen2014]

Re: Bryan Carter Claim

I have changed the numbering as just noticed repeated got 2 under point 10.

Also is this the correct email address - ccbcdefendants@hmcts.gsi.gov.uk

[owen2014]

Re: Bryan Carter Claim

Anyone able to check my defense and the email address? I have to submit it by 12th

[owen2014]

Re: Bryan Carter Claim

Hi All,

I have received the following letter from BC. Unsure of next steps and what normally happens from here?

Is it worth re-sending the f&f offer or am I best playing it out further?

http://i61.tinypic.com/2ypbuvd.jpg

http://i57.tinypic.com/6h8f0p.jpg

Thanks!