• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court Defence for Tuesday 17th

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Court Defence for Tuesday 17th

    Hi all

    I have to submit my defence for a claim at NCCBC from Marlin over an egg credit card. I sent them the 2 forms requesting info but they haven't sent me anything other than a letter of assignment. They agreed to a 28 extension which is up tomorrow.

    I haven't had any other documents, can someone please point me in the right direction for me to send in my defence for tomorrow? Any help would be greatly appreciated they say the original debt was £6k but they want £10K!
    Tags: None

  • #2
    Re: Court Defence for Tuesday 17th

    Here's a basic example to get your started

    http://www.legalbeagles.info/forums/...t-Court-Claims
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court Defence for Tuesday 17th

      Having checked, my defence has to be in tomorrow and i have made the attached but not submitted it yet, would anyone mind having a look through and seeing if it is ok? I am not sure about the s77 or s78 in yellow?

      Also I assume I need to attach all the letters I sent and proof of delivery? Do i need to send what they sent back to me?

      the basics of the case are:-

      The particulars of the claim read:-

      By an agreement between Egg Banking Plc ('EGG') & the Defendant on or around **/**/2006 ('the Agreement') Egg agreed to issue the Defendant a credit card upon the temrs & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claiment on **/**/2013. THE CLAIMENT THEREFORE CLAIMS 1. 6***.** 2.interest pursuant to section 69 of the county court Act 1984, namley 3***.** & continuing until judgment or sooner at the payment rate of 1.29

      I sent off the CAA and CPR requests. I have had a letter from the solicitors sending me the assignment letter of the alleged debt but heard nothing from the claimant. The letter said they agreed to a 28 day extension which is up tomorrow.

      My defence is:-

      IN THE NORTHAMPTON COUNTY COURT (CCBC)
      CASE NO:KKKKKKKK
      BETWEEN
      COMPANY
      -and-
      XXXXXXXXXXXXX DEFENDANT



      Defence


      1: I received the claim [Claim Number] from Northampton County Court (CCBC) on [Date XXXXXX]

      2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

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

      4: It is denied that the Defendant has entered into an agreement with XXXXXXX[Original Creditor /Claimant] for provision of credit.

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


      6: On the [Date]xxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

      7. [Claimant's Solicitor]xxxxxxxxxxx has not sent the Agreement or Default Notice to me.

      8. On the [Date] xxxxxx I sent a formal request for a copy of the original agreement to xxxxxxx[Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

      9. 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.

      10: 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

      11. 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.

      12. 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.

      13. 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.

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

      Statement of Truth

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

      Signed …………………………………………

      Dated .................................................. ....

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X