Claim form received from County Court Business Centre

[nemesis45]

Re: Claim form received from County Court Business Centre

It sickens me to the core Nem and although I feel my life is at its lowest ebb i will fight all the way.

Always remember, "one cannot get blood out of a stone". You cannot pay more than you can reasonably afford even if it's only £1 per month, non priority debts are the last to get paid! The courts will not make you pay more.

You and yours are the priority Housing / Food and utility bills are priorities.

You will get help and support here!

nem

[Consumed1]

Re: Claim form received from County Court Business Centre

Always remember, "one cannot get blood out of a stone". You cannot pay more than you can reasonably afford even if it's only £1 per month, non priority debts are the last to get paid! The courts will not make you pay more.

You and yours are the priority Housing / Food and utility bills are priorities.

You will get help and support here!

nem

Thank you. I Am attempting to put on my bravest of faces. I am strugging very hard at present to put my defence together and finding it hard to concentrate. I just feel so lost. If you would be kind enought to view the defence and provide your guidenace or opinions I would be very grateful.

[Noah]

Re: Claim form received from County Court Business Centre

It can be very stressful especially when you are working silly hours
When the defence is done post it up and it will be looked at

[Consumed1]

Re: Claim form received from County Court Business Centre

[QUOTE=Consumed1;635980

[COLOR=#333333]Hello Nem[/COLOR]

I am now in the process of preparing my defence but I have come unstuck, as
Paragraph 8 outlined below in the defence template refers to s78 (1) Consumer Credit Act 1974. As you will see, neither of the letters I sent refers to s78 (1) Consumer Credit Act 1974. Have I sent the wrong letter? Shoud I replace with something else: I have also copied the two letters I sent in the hope this might help. Also, could I ask you whether I should start a new thread with a different heading? I am just so unsure as to where I should be posting.

8. In respect of matters, which the Defendant is able to plead to, on the 7 March 2016J 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.

I am trying very hard and would appreciate any help you are able to offer

Thank you
_______________-

1st Letter

Hoist Portfolio Holding 2 Ltd
R/O First Floor
Le Masurier House
St Helier, Jersey
JE2 4YE

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


_______________-



2nd Letter

Howard Cohen and Co
Suite 18, Joseph’s Well
Hanover Walk, Leeds, W.Yorks
LS3 1AB

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 03/03/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on or before 19/03 2016.


1. Agreement with the account number xxxxxxxxxx

2. Default Notice
3. Assignment by MKDP LLP


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 07/03/2016.

I look forward to hearing from you.

Yours sincerely

[nemesis45]

Re: Claim form received from County Court Business Centre

[QUOTE=Consumed1;636018]

Hello Nem[/COLOR]

I am now in the process of preparing my defence but I have come unstuck, as
Paragraph 8 outlined below in the defence template refers to s78 (1) Consumer Credit Act 1974. As you will see, neither of the letters I sent refers to s78 (1) Consumer Credit Act 1974. Have I sent the wrong letter? Shoud I replace with something else: I have also copied the two letters I sent in the hope this might help. Also, could I ask you whether I should start a new thread with a different heading? I am just so unsure as to where I should be posting.

8. In respect of matters, which the Defendant is able to plead to, on the 7 March 2016J 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.

I am trying very hard and would appreciate any help you are able to offer

Thank you
_______________-

1st Letter

Hoist Portfolio Holding 2 Ltd
R/O First Floor
Le Masurier House
St Helier, Jersey
JE2 4YE

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


_______________-



2nd Letter

Howard Cohen and Co
Suite 18, Joseph’s Well
Hanover Walk, Leeds, W.Yorks
LS3 1AB

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 03/03/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on or before 19/03 2016.


1. Agreement with the account number xxxxxxxxxx

2. Default Notice
3. Assignment by MKDP LLP


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 07/03/2016.

I look forward to hearing from you.

Yours sincerely

Hello Consumed,

Templates of any type are there for you to amend to suit your case you don't have to use it word for word.

nem

phone

[Noah]

Re: Claim form received from County Court Business Centre

Consumed
In letter 1 you say

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

That is saying you are making a request under S77(1) S78(1) or S79(1) of the consumer credit act so you are fine in referring to S78(1) in your defence

Just so you understand
S77-79 is a part of the consumer credit act where you are entitled to ask for certain documents by writing to the creditor, sending a fee of £1.
Section 77 is when the account is a loan
Section 78 is when an account is a running credit agreement such as a credit card or something else with a credit limit like a catalogue account
Section 79 is really for HP agreements

Here is what the legislation says

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

It sounds more complicated than it is
Essentially they need to send you a copy of the agreement that would have been signed
A copy of the agreement when it was defaulted or terminated because there will almost certainly have been changes , especially if you held the agreement for a while.
A statement saying how much is owed

If they can not do that then S78(6) applies which says

If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;F3. .

Or to put it simply, if they can not send what is needed by S78(1) they can not get a court to enforce the agreement i.e. they can not get a cci against you
All sounds easy BUT you need to tell the court that they haven't complied with S78(1) otherwise they won't know and will grant a judgement against you

Once you have got your defence in then things do slow down a good deal

I do hope that makes sense
Don't let the bastards grind you down

[Consumed1]

Re: Claim form received from County Court Business Centre

Consumed
In letter 1 you say


That is saying you are making a request under S77(1) S78(1) or S79(1) of the consumer credit act so you are fine in referring to S78(1) in your defence

Just so you understand
S77-79 is a part of the consumer credit act where you are entitled to ask for certain documents by writing to the creditor, sending a fee of £1.
Section 77 is when the account is a loan
Section 78 is when an account is a running credit agreement such as a credit card or something else with a credit limit like a catalogue account
Section 79 is really for HP agreements

Here is what the legislation says [RIGHT][COLOR=black][FONT=arial](1)


It sounds more complicated than it is
Essentially they need to send you a copy of the agreement that would have been signed
A copy of the agreement when it was defaulted or terminated because there will almost certainly have been changes , especially if you held the agreement for a while.
A statement saying how much is owed

If they can not do that then S78(6) applies which says


Or to put it simply, if they can not send what is needed by S78(1) they can not get a court to enforce the agreement i.e. they can not get a cci against you
All sounds easy BUT you need to tell the court that they haven't complied with S78(1) otherwise they won't know and will grant a judgement against you

Once you have got your defence in then things do slow down a good deal

I do hope that makes sense
Don't let the bastards grind you down

Noah, thank you so very much. This is exactly the guidance I needed. Ill now carry on.

[Consumed1]

Re: Claim form received from County Court Business Centre

Noah, thank you so very much. This is exactly the guidance I needed. Ill now carry on.

Hi Noah

could I ask for your guidance on the defence below. If you would like me to show the particulars of the claim again, please let me know. Thank you in advance for your help

Preliminary Matters

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 Defendant contends 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 was legally assigned by MXDP LLP (EX Barclaycard) to the claimant 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 Barclaycard issue credit cards and is unaware of any goods or non financial services supplied by Barclaycard to its customers.

6. The particulars of claim state that the account was assigned by MKDP LLP (EX Barclaycard) to the Claimant. The Defendant does 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 7 March 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. ( should I mention that my PO payable to Hoist was returned to Robinson Way who are not mentioned in the claim? )

9. The Claimant has failed to reply and has not disclosed any documents relating to Claimants claim to the Defendant.

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 7^thMarch 2016 to Howard Cohen and Co mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter. (Should I refer to Robinson Way, who are not mentioned in the particulars who acknowledged the payment of £1.00 and posting the £100 to the agreement in error? )

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

14. It is denied that the original creditor (MKDP LLP (Ex Barclaycard) 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.

15. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

16. 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.

17. 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 (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

23. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true

Signed
Dated

[Noah]

Re: Claim form received from County Court Business Centre

Ok
can I see the POC again
To double check
you sent a cca request off
you had a reply saying they were looking for the documents and returning the £1
no response to CPR request

Do you have enough lines to complete the defence online?

I have some comments
Maybe you have gone into too much detail and need to prune it to fit the lines in. You could of course email it

[Noah]

Re: Claim form received from County Court Business Centre

Line 4 it's MKDP not mkxp
line 5 you could just say that you have no records of any account being opened with barclaycard
Line 8 you could put
The claimant responded via one of its trading styles, acknowledging the request and returning the fee

If you do that for 8 alter 9 to just
the claimant has not fulfilled their obligation under s78(1) therefore s78(6) applies
if you do that 10 can be deleted but remember to renumber
There is more but that's it for now.

[Noah]

Re: Claim form received from County Court Business Centre

Been thinking
This might be better
Not sure if it is statute barred

1: I received the claim [Claim Number] from the Northampton 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 appearsto be for a credit cardagreement regulated under the Consumer Credit Act 1974.

4. It is denied that the defendant entered into an agreement with Barclaycard

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

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

7.. The Claimants statement of case states that the account was assigned from Barclaycard toMKDP LLP but fails to state when. The Defendant does not recall receiving notice of this assignment.

8.. It is denied that Barclaycard 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.

9. On the 7th March 2016 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen ( The Claimants solicitors). I requested the Claimant provide copies of the ENTER WHAT YOU ASKED FOR .

10. Howard Cohenhas not sent any of these documents to me.

11. On the7th marchI sent a formal request for a copy of the original agreement to theClaimantpursuant to section78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with S78(1) Consumer Credit Act 1974 however the request was acknowledged by Robinson Way whom I am told is one of the claimants trading styles and the fee returned Bby virtue of S78(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), 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.The defendant believes that any account he may have had would be statue barred the Limitations Act 1980

14. 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. 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.

18. 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.

[Consumed1]

Re: Claim form received from County Court Business Centre

Been thinking
This might be better
Not sure if it is statute barred

1: I received the claim [Claim Number] from the Northampton 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 appearsto be for a credit cardagreement regulated under the Consumer Credit Act 1974.

4. It is denied that the defendant entered into an agreement with Barclaycard

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

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

7.. The Claimants statement of case states that the account was assigned from Barclaycard toMKDP LLP but fails to state when. The Defendant does not recall receiving notice of this assignment.

8.. It is denied that Barclaycard 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.

9. On the 7th March 2016 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen ( The Claimants solicitors). I requested the Claimant provide copies of the ENTER WHAT YOU ASKED FOR .

10. Howard Cohenhas not sent any of these documents to me.

11. On the7th marchI sent a formal request for a copy of the original agreement to theClaimantpursuant to section78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with S78(1) Consumer Credit Act 1974 however the request was acknowledged by Robinson Way whom I am told is one of the claimants trading styles and the fee returned Bby virtue of S78(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), 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.The defendant believes that any account he may have had would be statue barred the Limitations Act 1980

14. 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.

15. 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.

18. 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.

Hi Noah.
Please see below. I have made just a few changes.

1: I received the [Claim Number] from the Northampton County Court Business Centre, Northampton 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 appears to be for a Credit Card Agreement regulated under the Consumer Credit Act 1974.

4. It is denied that the defendant entered into an agreement with Barclaycard.

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

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

7. The Claimants statement of case states that the account was assigned from Barclaycard to MKDP LLP (Ex Barclaycard) but fails to state when. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Barclaycard 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.

9. On the 7th March 2016, under Civil Procedure Rule 31.14 the defendant sent a request to the Claimants solicitor (Howard Cohen and Co) for inspection of of documents mentioned in their statement of case. Namely: Agreement with the account number xxxxxxxx/ Default Notice and Assignment by MKDP LLP (Ex Barclaycard)

10. Howard Cohen and Co have not sent any of these documents to me.

11. On the 7th March 2016 I also 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 S78(1) Consumer Credit Act 1974 however the request was acknowledged by Robinson Way whom I am told is one of the claimants trading styles and the fee returned. By virtue of S78(6 Consumer Credit Act 1974 cannot enforce the agreement.


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. The Defendant requests that the court orders the Claimant 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.

[Noah]

Re: Claim form received from County Court Business Centre

I hope you didn't mind the suggestions. Just seemed clearer and less convoluted to me. Also as you are clearly a lay person I think all that legalese is uncalled for.

They will ill know it is from the Internet but so what.

Remember that if and I mean if they can produce everything and have you bang to rights you can negotiate an affordable repayment plan without necessarily getting a cca.

Lets hope for for the best.

[Consumed1]

Re: Claim form received from County Court Business Centre

I hope you didn't mind the suggestions. Just seemed clearer and less convoluted to me. Also as you are clearly a lay person I think all that legalese is uncalled for.

They will ill know it is from the Internet but so what.

Remember that if and I mean if they can produce everything and have you bang to rights you can negotiate an affordable repayment plan without necessarily getting a cca.

Lets hope for for the best.

Hi Noah,

On 31.03.16 if filed the defence outlined below online . This was acknowledged on 01.04.16. Could I ask whether you are aware of how long the Claimant has to reespond? Or of any other action I should take?

1: I received the claim XXXXZ from the County Court Business Centre, Northampton on XXXXXXXX.

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: 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 legally assigned by XXXXXXX to the Claimant but does not specify a date. The Defendant does not recall receiving notice of this assignment.

7. It is denied that XXXXX 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 XXXXXX I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 tXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. XXXXXXX has not sent any of these documents to me.

10. On the XXXXXX I also I sent a formal request for a copy of the original agreement to XXXXXXX pursuant to section (77 or 78) of the Consumer Credit Act 1974, together with the statutory £1 fee.

11. The Claimant returned my £1.00 fee and 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. Under Civil Procedure Rule 16.5 (4) where the claim includes money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed is 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.

13. I request the Court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. 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.

15. 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.

[Noah]

Re: Claim form received from County Court Business Centre

Hi Consumed
The claimant has 28 days from receipt to respond otherwise the claim will be stayed
Unfortunately it is easy to lift a stay

If , after say another 28 days you could write to them and invite them to discontinue otherwise you will be applying for a strike out with a request that they take the cost but lets wait until that happens