Defence help

[Amethyst]

Re: Defence help

Just having an read through xx

[Amethyst]

Re: Defence help

amended a few bits



1: I have received the claim xxxxx , issued on 25^th SEPT 2014, from the Northampton County Court Business Centre.

2: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974 between myself and Egg Banking Plc.

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

4. The particulars of claim fail to state when the agreement was entered into although I believe this may have been in 2005. I do not hold any paperwork regarding a credit card with Egg Banking and am unable to check my own records for the required information.

5. I am unaware of any outstanding debt owed to Egg Banking and ask that the claimant provides details of how the sum claimed has been calculated.

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. The Claimant's have 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 the Claimant 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: 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 xx/10/2014 and notification sent to the Court.

14. I have received no further correspondence from the Claimant to date.

15. 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.

16. 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.

17. 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[/QUOTE]

[mdavo74]

Re: Defence help

thankyou so much will update when i hear anything back go get this in post now

[Kati]

Re: Defence help

thankyou so much will update when i hear anything back go get this in post now

I'd suggest you sent it recorded/signed for (costs less than £2) :tinysmile_twink_t2:
K x

[mdavo74]

Re: Defence help

thanks kati i will be sending it specail delivery on this occasion as i need it to reach cc for Monday
have good weekend once again thanks for help i have received here the last couple of days

[mdavo74]

Re: Defence help

Quick update I have received letter back from claimant after receiving my defence.
they have sent me copy's of letters when they say I was informed of (notice of assignment)
they go onto say they are putting this on hold while awaiting documentation.
questions are
does this stop cc proceedings ?
bearing in mind i still have not received any cca or statements ?
do I sit and wait ?
Thanks

[mdavo74]

Re: Defence help

Hi
sorry to bump this anyone have any suggestions to previous post?
thanks again

[nemesis45]

Re: Defence help

Quick update I have received letter back from claimant after receiving my defence.
they have sent me copy's of letters when they say I was informed of (notice of assignment)
they go onto say they are putting this on hold while awaiting documentation.
questions are
does this stop cc proceedings ?
bearing in mind i still have not received any cca or statements ?
do I sit and wait ?
Thanks

Without the CCA it will be difficult to go ahead with the claim, so the whole matter is on hold as per the letter you have received.

[Amethyst]

Re: Defence help

As you have put in your defence then you are quite safe to leave the case as it will be kept on hold until the Claimants do something, ie send you the CCA. However, this could be six months down the line. What some people are doing after the case has been stayed in the court ( which should be about 28 days after the Claimants have received the Defence) is writing to the court, or applying, and asking for a strike out due to the lack of documentation.

[mdavo74]

Re: Defence help

Many thanks for reply
you say i can apply to court for strike out.
would this stop claimants ever trying again should they find any paperwork?
or if they did find it so to speak and has been struck out can they apply to cc all over again for same debt?
say for example it becomes sb while stayed is this affected?
sorry i maybe just be over analysing this.