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Re: Money Claim Online Form received for Payday Loan by Debt Recovery Comp
Hi there,
Please find attached the defence I submitted. As previously mentioned I didn't receive any information from them despite the CCA request. I followed a template that was submitted on here.
Defence Submitted:
1. The Claimants claim form fails to adequately set out the nature
of the Claim.
2. The Defendant avers that the Claimants pleadings are an abuse
of process. The Claimants pleadings are lacking detail, there are
no details as to when the alleged default occurred, the degree of
default, despite requests for information from the Defendant, the
Claimant has not provided any details as to how the sums claimed
have accrued. Accordingly the Defendants contend that the
pleadings are wholly inadequate for a contested matter and that
the Claimant should be required to plead its case coherently and
accurately as required by the CPR 16 and PD 16. The Defendants
reserve the right to replead their defence should the Claimant
replead its claim adequately
3. The Defendant accepts the claim was issued in the Northampton
County Court Bulk Centre and that there are restrictions on
pleading. However the bulk centre rules clearly state that if you
cannot plead in the allowed number of characters then you should
not use the Bulk Centre or in the alternative the Claimant was at
liberty to issue and set out that particulars were to follow.
The Claim
4. The Claimant states the claim relates to a loan with Uncle Buck
Ltd but without further details the Defendant is unable to
identify such an account within his own records.
5. The particulars of claim fail to state when the agreement was
entered into or what the agreement was for. The Defendant believes
it would have been finance as Uncle Buck supply payday loans and
is unaware of any goods or non financial services supplied by them
to its customers.
6. The particulars of claim state that the account was
assigned/purchased by 1st Stop Recoveries on an unknown date and
notice served pursuant to the Law of Property Act 1925. The
Defendantdoes not recall receiving notice of this assignment.
7. Upon the Claimant clarifying matters set out above the
Defendant reserves his position to amend this Defence further. The
Defendant shall seek the costs of the amendments from the Claimant
due to the Claimants failure to plead its case adequately.
8. In respect of matters, which the Defendant is able to plead to,
on the 4th February 2016 & 11th February 2016 the Defendant sent
“recorded delivery” requests for information to the Claimant. The
request was made pursuant to s78 (1) Consumer Credit Act 1974 to
ascertain the agreement, which the Claimant was demanding payment
under and to obtain further information about the terms of the
contract.
9. The Claimant has failed to reply and has not disclosed any
documents relating to their claim to the Defendant. 1
10. Accordingly the Claimant has failed to comply with s78 (1)
Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit
Act 1974 cannot enforce the agreement.
11. The Defendant has not yet been able to examine the terms and
conditions which were in force at the time that the agreement was
executed and therefore reserves the right to amend these pleadings
to address any breaches that are identified if such terms and
conditions are disclosed by the Claimant. The amendment will be
due to the lack of disclosure by the Claimant and the failure to
respond to the s78 CCA 1974 request correctly and the Defendant
therefore also reserves the right to claim the costs of such
amendment from the Claimant.
12. The Defendant has also sent a request for inspection of
documents on the 11th February 2016 to 1st Stop Recoveries
mentioned in their statement of case as allowed under CPR 31.14.
The Claimant has not replied to this letter.
13. For the avoidance of doubt the Defendant requires the Claimant
to plead effectively and disclose the legible documents upon which
the Claim is based. In the event the Claimant fails to replead,
then the Defendant reserves the right to apply for whatever orders
it deems fit including an order striking the Claim out.
Default Notice
15. It is denied that the original creditor Uncle Buck Ltd, served
any Default notice on the Defendant pursuant to s87 Consumer
CreditAct 1974. The Claimant is required to prove that a compliant
Default Notice was served upon the Defendant.
16. Due to the Claimants failure to allow the Defendant to inspect
the Default notice alluded to within the Claim form the Defendant
is prejudiced.
17. Accordingly the Defendant reserves his position to amend this
Defence with the costs of the same paid by the Claimant if the
Claimant provides a copy of the Default Notice.
Notice of sums in arrears.
19. It is denied that the Claimant has served notice of sums in
arrears pursuant to s86B Consumer Credit Act 1974. A notice of
sums in arrears is a condition precedent on enforcement and
therefore the Claimant is not entitled to enforce the agreement.
Conclusion
Accordingly, the Defendant avers that
20. The Claimant has failed to plead properly in this matter and
has failed to provide any information relating to this debt.
21. The Claimant has not complied with s78 or 86, and 87 Consumer
Credit Act 1974 and therefore cannot enforce the agreement.
22. The Claimants attempts at claiming post judgement interest are
an attempt at unjust enrichment. The Defendant refers to s74
County Courts Act 1984 and section 2 of the County Courts
- - - Updated - - -
I've now today, just received a Notice of Allocation to the Small Claims Track (Hearing) with it states a hearing will take place in August. It states the claimants have to pay £115 by May date for it to go ahead. Can you help clairfy what I need to do? I didn't think/believe it would go this far.
Hi there,
Please find attached the defence I submitted. As previously mentioned I didn't receive any information from them despite the CCA request. I followed a template that was submitted on here.
Defence Submitted:
1. The Claimants claim form fails to adequately set out the nature
of the Claim.
2. The Defendant avers that the Claimants pleadings are an abuse
of process. The Claimants pleadings are lacking detail, there are
no details as to when the alleged default occurred, the degree of
default, despite requests for information from the Defendant, the
Claimant has not provided any details as to how the sums claimed
have accrued. Accordingly the Defendants contend that the
pleadings are wholly inadequate for a contested matter and that
the Claimant should be required to plead its case coherently and
accurately as required by the CPR 16 and PD 16. The Defendants
reserve the right to replead their defence should the Claimant
replead its claim adequately
3. The Defendant accepts the claim was issued in the Northampton
County Court Bulk Centre and that there are restrictions on
pleading. However the bulk centre rules clearly state that if you
cannot plead in the allowed number of characters then you should
not use the Bulk Centre or in the alternative the Claimant was at
liberty to issue and set out that particulars were to follow.
The Claim
4. The Claimant states the claim relates to a loan with Uncle Buck
Ltd but without further details the Defendant is unable to
identify such an account within his own records.
5. The particulars of claim fail to state when the agreement was
entered into or what the agreement was for. The Defendant believes
it would have been finance as Uncle Buck supply payday loans and
is unaware of any goods or non financial services supplied by them
to its customers.
6. The particulars of claim state that the account was
assigned/purchased by 1st Stop Recoveries on an unknown date and
notice served pursuant to the Law of Property Act 1925. The
Defendantdoes not recall receiving notice of this assignment.
7. Upon the Claimant clarifying matters set out above the
Defendant reserves his position to amend this Defence further. The
Defendant shall seek the costs of the amendments from the Claimant
due to the Claimants failure to plead its case adequately.
8. In respect of matters, which the Defendant is able to plead to,
on the 4th February 2016 & 11th February 2016 the Defendant sent
“recorded delivery” requests for information to the Claimant. The
request was made pursuant to s78 (1) Consumer Credit Act 1974 to
ascertain the agreement, which the Claimant was demanding payment
under and to obtain further information about the terms of the
contract.
9. The Claimant has failed to reply and has not disclosed any
documents relating to their claim to the Defendant. 1
10. Accordingly the Claimant has failed to comply with s78 (1)
Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit
Act 1974 cannot enforce the agreement.
11. The Defendant has not yet been able to examine the terms and
conditions which were in force at the time that the agreement was
executed and therefore reserves the right to amend these pleadings
to address any breaches that are identified if such terms and
conditions are disclosed by the Claimant. The amendment will be
due to the lack of disclosure by the Claimant and the failure to
respond to the s78 CCA 1974 request correctly and the Defendant
therefore also reserves the right to claim the costs of such
amendment from the Claimant.
12. The Defendant has also sent a request for inspection of
documents on the 11th February 2016 to 1st Stop Recoveries
mentioned in their statement of case as allowed under CPR 31.14.
The Claimant has not replied to this letter.
13. For the avoidance of doubt the Defendant requires the Claimant
to plead effectively and disclose the legible documents upon which
the Claim is based. In the event the Claimant fails to replead,
then the Defendant reserves the right to apply for whatever orders
it deems fit including an order striking the Claim out.
Default Notice
15. It is denied that the original creditor Uncle Buck Ltd, served
any Default notice on the Defendant pursuant to s87 Consumer
CreditAct 1974. The Claimant is required to prove that a compliant
Default Notice was served upon the Defendant.
16. Due to the Claimants failure to allow the Defendant to inspect
the Default notice alluded to within the Claim form the Defendant
is prejudiced.
17. Accordingly the Defendant reserves his position to amend this
Defence with the costs of the same paid by the Claimant if the
Claimant provides a copy of the Default Notice.
Notice of sums in arrears.
19. It is denied that the Claimant has served notice of sums in
arrears pursuant to s86B Consumer Credit Act 1974. A notice of
sums in arrears is a condition precedent on enforcement and
therefore the Claimant is not entitled to enforce the agreement.
Conclusion
Accordingly, the Defendant avers that
20. The Claimant has failed to plead properly in this matter and
has failed to provide any information relating to this debt.
21. The Claimant has not complied with s78 or 86, and 87 Consumer
Credit Act 1974 and therefore cannot enforce the agreement.
22. The Claimants attempts at claiming post judgement interest are
an attempt at unjust enrichment. The Defendant refers to s74
County Courts Act 1984 and section 2 of the County Courts
- - - Updated - - -
I've now today, just received a Notice of Allocation to the Small Claims Track (Hearing) with it states a hearing will take place in August. It states the claimants have to pay £115 by May date for it to go ahead. Can you help clairfy what I need to do? I didn't think/believe it would go this far.
Originally posted by Amethyst
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Thanks 
It will be easier to argue the excessive interest and charges as you have paid back the actual capital borrowed, but we'll need a good mooch through their terms. If you have any problems uploading docs feel free to email them to me admin@legalbeagles.info
It will be easier to argue the excessive interest and charges as you have paid back the actual capital borrowed, but we'll need a good mooch through their terms. If you have any problems uploading docs feel free to email them to me admin@legalbeagles.info
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