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Re: PRA GROUP vs Blossom50 CCJ
Hello Blossom,
Just para 4. It's not needed.
nem
Originally posted by Blossom50
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Thanks nemesis. Hope you're well today. I've reworked my defence based on your suggestions - if there's anything else I need to add please let me know. Thank you again.
1: I received the claim Cxxxxxx from the Northampton County Court on 30th June 2016.
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 Loan/Overdraft agreement regulated under the Consumer Credit Act 1974. The loan element of the amount was regulated under the Consumer Credit Act 1974 but the overdraft was not. The defendant is unable to reconcile how the amount claimed has been reached given the consolidation of regulated loan and an unregulated overdraft. The claimant has yet to prove the amount claimed and how the figure is made up.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and It is denied that the Defendant has entered into an agreement with the Claimant I would leave this out. when a debt is sold the purchaser inherits the rights and obligations of the original agreement.
5: The Claimants statement of case states that the account was assigned from HSBC to Aktiv Kapital. It is also stated that the account was assigned from Aktiv Kapital to the PRA Group. The defendant does not recall receiving notice of either assignment.
6: It is denied that HSBC 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.
7: On the 13th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
8: The Claimant has not sent any of these documents to me.
9: On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10: The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
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 ................................
1: I received the claim Cxxxxxx from the Northampton County Court on 30th June 2016.
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 Loan/Overdraft agreement regulated under the Consumer Credit Act 1974. The loan element of the amount was regulated under the Consumer Credit Act 1974 but the overdraft was not. The defendant is unable to reconcile how the amount claimed has been reached given the consolidation of regulated loan and an unregulated overdraft. The claimant has yet to prove the amount claimed and how the figure is made up.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and It is denied that the Defendant has entered into an agreement with the Claimant I would leave this out. when a debt is sold the purchaser inherits the rights and obligations of the original agreement.
5: The Claimants statement of case states that the account was assigned from HSBC to Aktiv Kapital. It is also stated that the account was assigned from Aktiv Kapital to the PRA Group. The defendant does not recall receiving notice of either assignment.
6: It is denied that HSBC 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.
7: On the 13th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
8: The Claimant has not sent any of these documents to me.
9: On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10: The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
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 ................................
Just para 4. It's not needed.
nem
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