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Morning folks
Im trying to get my defence written to defend an attempt of a court claim from MCE. I have sent a CPR18 request and filed the acknowledgement of service but now need to get my defence across shortly. I have written the below which shows the correspondance of them never being able to prove owning the debt does it look ok to send i appreciate any help.
I (name) dispute any legal right for MCE Portfolio Ltd to attempt to recover the alleged debt they are seeking enforcement for as i have not received any proof that they are entitled to do so due to the reasons below.
Previous correspondence received on February 28th 2014 from Arden Credit Management who is a trading style of Moorgate Loan Servicing Ltd / Britannica Recoveries S.A.R.L / Mortlake Britannica Mortlake as stated on their correspondence (Sample correspondence attached and highlighted for clarity REFERENCE 1a and 1b showing links between companies) stating that they had instructed Mackenzie Hall Ltd to collect the alleged debt owed to their client Moorgate Servicing Ltd. (Copy letter attached REFERENCE 2) I disputed this debt as i have never received any proof that Moorgate Servicing Ltd owned the alleged debt.
Further correspondence was recieived on the 5th September 2014 again from Arden Credit Management (trading style of Moorgate Loan Servicing Ltd ) saying they had now instructed Robinson Way to recover the alleged debt (Copy letter attached REFERENCE 3). Again i disputed this debt and issued a CCA request to Robinson Way requesting their client supplies evidence of which they sent a return letter stating that They cannot identify the account referred to and that the account is closed on their files (Copy letter attached REFERENCE 4)
The alleged debt was then sold by Britannica Recoveries S.A.R.L (Arden/Moorgate) who has never issued requested evidence that they had a right to recover the alleged debt as per letter reference 4 to MFS/MCE Portfolio Ltd as per their letter sent 3rd December 2014 (Copy letter attached REFERENCE 5) and this is the company who are attempting to enforce judgement by claim number ???? I dispute this attempt at enforcement as MCE Portfolio Ltd have purchased an alleged debt from Britannica/Arden/Moorgate that was unforceable due to them being unable to prove ownership of the debt.
Since receiving the court forms i have issued a CPR18 request on the 12th June 2015 (Copy letter attached REFERENCE 6)asking their client to prove entitlement to the alleged debt which was acknowldedged by the clients Legal representitives Optima Legal stating they will forward relevant documentation once in receipt. (Copy letter attaced REFERENCE 7)Therefore i again dispute enforcement of the alleged debt until evidence is received giving the legal right to do so
ive seen the template on this forum after ive written the above so if what ive writted seems ok i will copy it across into the format as below
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: 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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
7. It is denied that [Original Creditor] 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] 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] .
9. [Claimant's Solicitor] has not sent any of these documents to me.
10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] 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), but they have declined.] or [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.]
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. 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.
16. 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 .................................................. ....
Im trying to get my defence written to defend an attempt of a court claim from MCE. I have sent a CPR18 request and filed the acknowledgement of service but now need to get my defence across shortly. I have written the below which shows the correspondance of them never being able to prove owning the debt does it look ok to send i appreciate any help.
I (name) dispute any legal right for MCE Portfolio Ltd to attempt to recover the alleged debt they are seeking enforcement for as i have not received any proof that they are entitled to do so due to the reasons below.
Previous correspondence received on February 28th 2014 from Arden Credit Management who is a trading style of Moorgate Loan Servicing Ltd / Britannica Recoveries S.A.R.L / Mortlake Britannica Mortlake as stated on their correspondence (Sample correspondence attached and highlighted for clarity REFERENCE 1a and 1b showing links between companies) stating that they had instructed Mackenzie Hall Ltd to collect the alleged debt owed to their client Moorgate Servicing Ltd. (Copy letter attached REFERENCE 2) I disputed this debt as i have never received any proof that Moorgate Servicing Ltd owned the alleged debt.
Further correspondence was recieived on the 5th September 2014 again from Arden Credit Management (trading style of Moorgate Loan Servicing Ltd ) saying they had now instructed Robinson Way to recover the alleged debt (Copy letter attached REFERENCE 3). Again i disputed this debt and issued a CCA request to Robinson Way requesting their client supplies evidence of which they sent a return letter stating that They cannot identify the account referred to and that the account is closed on their files (Copy letter attached REFERENCE 4)
The alleged debt was then sold by Britannica Recoveries S.A.R.L (Arden/Moorgate) who has never issued requested evidence that they had a right to recover the alleged debt as per letter reference 4 to MFS/MCE Portfolio Ltd as per their letter sent 3rd December 2014 (Copy letter attached REFERENCE 5) and this is the company who are attempting to enforce judgement by claim number ???? I dispute this attempt at enforcement as MCE Portfolio Ltd have purchased an alleged debt from Britannica/Arden/Moorgate that was unforceable due to them being unable to prove ownership of the debt.
Since receiving the court forms i have issued a CPR18 request on the 12th June 2015 (Copy letter attached REFERENCE 6)asking their client to prove entitlement to the alleged debt which was acknowldedged by the clients Legal representitives Optima Legal stating they will forward relevant documentation once in receipt. (Copy letter attaced REFERENCE 7)Therefore i again dispute enforcement of the alleged debt until evidence is received giving the legal right to do so
ive seen the template on this forum after ive written the above so if what ive writted seems ok i will copy it across into the format as below
EXAMPLE DEFENCE
-----------------------------------------------------------------------------------------------
1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]-----------------------------------------------------------------------------------------------
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: 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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
7. It is denied that [Original Creditor] 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] 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] .
9. [Claimant's Solicitor] has not sent any of these documents to me.
10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] 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), but they have declined.] or [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.]
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. 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.
16. 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 .................................................. ....
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