Defence help

[mdavo74]

Hi
i have to submit my defence by Monday for egg debt.
After reading the information here when I got cc paperwork I acknowledged and returned defending claim.
The claim is for approx 6800 however court paperwork shows under 5000 as rest is fees and interest.
Then I sent letters to mortimer requesting proof a copy of CCA and CPR.
Received a letter that client has agreed 28day extension.
To date I have not received any paperwork back for requests I have made.
Now I need to submit defence and I would like some pointers in how to actually do this.
My defence is basically no proof or agreements have been supplied so in theory how can a judgement be made without proof?
The agreement will be dated back from 2005 if this makes any difference.
a massive thankyou to anyone who can post me up some advice.

[Amethyst]

Re: Defence help

Hi Mdavo

You sound like you have done all the right things so far - who is the claimant in the case? and was it an egg credit card or loan ?

So you have an extension of 28 days, have informed the court and are preparing your defence ready for the end of the extension period, and haven't yet received any information from the claimant.

Have a look at the example defence which covers the basic no cca, no cpr, no info defence, which you can find http://www.legalbeagles.info/forums/...t-Court-Claims - that should get you started and if you post up we'll be happy to check you're on the right track with it.

Sharon
xx

[mdavo74]

Re: Defence help

Hi
thanks for the pointers and to clarify it was a credit card

[mdavo74]

Re: Defence help

Hi
thanks for the pointers and to clarify it was a credit card the claimant is marlin capital they appointed mortimer clarke solicitors.

[Amethyst]

Re: Defence help

Ahhhh no problem then at all. When's your extension run out (and did you notify the court of both parties agreement to the extension?)

[mdavo74]

Re: Defence help

hi
yes i spoke to court and they told me to have defence in by 4pm this coming Monday

[Amethyst]

Re: Defence help

Okay we'd best get this defence sussed then. Once you've got it drafted pop it up here ( exclude account number, precise amount, your name etc ) and will go through it for you.

[mdavo74]

Re: Defence help

hi thanks again i am just looking at link provided do i need to set it out as per thumbnail attached
then just fill out necessary details ? apologies as this is 1st time i have had to do a defense so just getting my head around it.
mdavo

[Amethyst]

Re: Defence help

hi thanks again i am just looking at link provided do i need to set it out as per thumbnail attached
then just fill out necessary details ? apologies as this is 1st time i have had to do a defense so just getting my head around it.
mdavo

Yes lay it out as per the attached thumbnail and use the example as a guide Once you get going on it it will make more sense.

[mdavo74]

Re: Defence help

hi i have attached a copy of defense appreciate can take a look need post it today
would i also need send proof of postage for letters i sent to claimant ?

[mdavo74]

Re: Defence help

oh dear wont upload says invalid file when i try to attach a word document any ideas?

[Kati]

Re: Defence help

oh dear wont upload says invalid file when i try to attach a word document any ideas?

You can upload .doc, .rtf, .odt and .pdf files, - could you save it as one of those and try to re-load it??

[mdavo74]

Re: Defence help

can paste it onto here dont know how to do others kati not the best on office cant even find notepad in pc lol

[Kati]

Re: Defence help

can paste it onto here dont know how to do others kati not the best on office cant even find notepad in pc lol

That will work :nod: - just copy and paste it (remember to remove any personal details tho')
x

[mdavo74]

Re: Defence help

The Northampton County Court Claim No xxxxx
Between
{Claimant}
{Defendant}
Defence

1: I received the claim xxxxx from the Northampton County Court sent 25^th SEPT 2014

2: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

3: It is denied that the Defendant has previously entered into a agreement with Claimant for provision of credit.

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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

6. The Claimants statement of case states that the account was assigned from xxxxxxxxxxxxxxxx to xxxxxxxxxxxxx
. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Egg Banking 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.

8: On the{ date sept }I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Solicitors has not sent any of these documents to me to date

10. On the {sept 2014} I sent a formal request for a copy of the original agreement to Solicitors pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5)this was agreed by letter on 10/2014 from Solicitors informing me they will be in touch as soon as they can no correspondence received as of 10/2014

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. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

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

Myself
10/2014