MWM (DB) LTD vs jackflash405

[jackflash405]

Date of issue: 13 Jan 2015
Date of service: 15 Jan 2015
Particulars of Claim:

The claimant's claim is in the sum of 10,518.03 being monies owing by the defendant to the claimant under a credit agreement (the agreement) regulated by the Consumer Credit Act 1974 (the act). The account number in respect of the agreement is xxxxxxxxxxxxxxx.
In accordance with the terms of the agreement, the defendant was required to make contractual payments. The defendant has, however, failed to make such payments.
Given the defendant's failure to maintain contractual payments, a default notice was served upon the defendant pursuant to section 87 of the act and has not been complied with.
The claimant is therefore seeking Judgment against the defendant in the amount of 10,518.03 and in respect of its costs. Contact drydensfairfax solicitors on xxxx xxx xxxx.

Other information:
I acknowledged the claim on online on 19/01/15. I have sent off CCA & CPR requests today as described on this forum. I'm unsure who the original credit card issuer was. The last payment made would have been in 2009 or 2010 I think. I have not acknowledged the debt since this time.

[Nuff55]

Re: MWM (DB) LTD vs jackflash405

Hi jackflash405 and welcome

Sounds like you made a good start. You'll find lots of help here should you need it.

[nemesis45]

Re: MWM (DB) LTD vs jackflash405

Hi,
Check your credit reference files for the account, Noddle (Call Credit is free) Experian and Equifax have 30 day free trials, just cancel before trial expires.
Should show original creditor/default date.
nem

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

Hi jackflash405 and welcome

Sounds like you made a good start. You'll find lots of help here should you need it.

Further to my previous post I have had no response so far. What is my next step please?

[Amethyst]

Re: MWM (DB) LTD vs jackflash405

You have a week? before your defence is due in ,- you've sent CCA and CPR requests off to claimant and solicitors, but you haven;'t had any responses at all ? You can chase up those requests and ask the solicitors to agree an extension of 28 days to filing your defence (phone or email) as you have had no paperwork - or just sort out your defence to go in - if you look in the court claim library there is a sample defence to give you an idea what to be putting, and feel free to post up a draft and peeps can check it over for you xx

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

You have a week? before your defence is due in ,- you've sent CCA and CPR requests off to claimant and solicitors, but you haven;'t had any responses at all ? You can chase up those requests and ask the solicitors to agree an extension of 28 days to filing your defence (phone or email) as you have had no paperwork - or just sort out your defence to go in - if you look in the court claim library there is a sample defence to give you an idea what to be putting, and feel free to post up a draft and peeps can check it over for you xx

Does it help the defence if I chase up the lack of response and ask for an extension? Please could you highlight a couple of the example defences referred to - your site is so full of helpful information, that I'm getting a little confused.

Thanks.

[Amethyst]

Re: MWM (DB) LTD vs jackflash405

http://www.legalbeagles.info/forums/...t-Court-Claims that should give you a good overview.

It doesn't necessarily help the defence having an extension but it can save you having to amend later and shows the court you have been very reasonable and given them extra time to get the documents, despite them having set the timescales in the first place, so the judge is less likely to give them yet more time in directions.

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

That's really helpful, thank you. Just one small point. The claim against me is for more than £10,000 so can I still use your example?

Thanks again.

[Amethyst]

Re: MWM (DB) LTD vs jackflash405

Well, before going to defence, you could make an application to enforce the CPR 31.14 request to get an order from the court that they supply those documents or be struck out - this would attract a fee but you could add it to costs if you get your application granted and does sometimes work in your favour to kick them either out or into supplying the documents in good time.

http://www.legalbeagles.info/forums/...order-at-court for basic info on that.

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

I'm keen to apply for an application to enforce, but upon checking my dates it appears my defence is due tomorrow (15 Feb) or have I misinterpreted the timescales due to applying for CCA & CPR requests

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

OK so I submitted my defence as follows:

I received the claim XXXXXXXXX from the County Court Business Centre, Northampton on 17^th January 2015.

Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

This claim appears to be for a Credit Card agreement regulated under section 78 of the Consumer Credit Act 1974.


The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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

It is denied that MWM (DB) Limited served any Default notice on the Defendant pursuant to section 87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

On the 22^nd January 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement and Default Notice.

Drydens Limited has not sent any of these documents to me.

On the 22^nd January 2015 I sent a formal request for a copy of the original agreement to MWM (DB) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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.

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.

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.

It is denied that the Claimant is entitled to the relief as claimed or at all.

I've attached the letter I have received in response and I'd like to know what my options are please:

[FlamingParrot]

Re: MWM (DB) LTD vs jackflash405

I've attached the letter I have received in response and I'd like to know what my options are please:

Funny they should say they are seeking their client's instructions with regards to your defence, does that mean they are not sure they want to proceed? :noidea: :confused2:

Their letter says "IF the above clarifies matters, you should contact the court and withdraw your defence..." Well, it doesn't clarify anything, does it? They've not sent you the documents you lawfully requested. :nono:

Solicitors often send those letters to see if defendants 'bite' :rant: :rant: :rant: - I see no reason why you should reply to such letter, I'd just wait to hear from the court, presumably they haven't even formally said whether they are going to go ahead with the claim.

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

Thanks for all the help so far, guys.

I've had no further response from the claimant's solicitors, but I have received a letter from the court asking me to complete a fast track questionnaire.

I really don't understand many of the questions fully. Please could someone highlight a resource that explains what the questions mean and any actions I should take (or should have taken)?

I can post a scanned copy of the document if it helps.

Thanks in advance

[FlamingParrot]

Re: MWM (DB) LTD vs jackflash405

Thanks for all the help so far, guys.

I've had no further response from the claimant's solicitors, but I have received a letter from the court asking me to complete a fast track questionnaire.

I really don't understand many of the questions fully. Please could someone highlight a resource that explains what the questions mean and any actions I should take (or should have taken)?

I can post a scanned copy of the document if it helps.

Thanks in advance

Is it one of these? Form N181

[jackflash405]

Re: MWM (DB) LTD vs jackflash405

Yes, that's it