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Hi,
Arrow Global/shoosmiths
Debt £1415
Date of claim form 7th October.
I filed my acknowledgement of service 10th October
I have sent 3 CCA requests to Arrow Global and 3 times, they have refused to accept delivery, 18th Nov, 21th Nov, 26th Nov
2 were sent by "signed for" mail and the last was sent "special delivery".
My CPR request was accepted by shoosmiths and they have written back stating that they are asking arrow global for copies of the agreement, default notice and Assignment, but if I don't file a defence by the 9th of November, they will ask for a summery judgement.
I have to file a defence before the 3rd of November (28days), and I was wondering where I stand in relation to the CCA requests.
Here is my defence so far, any help would be appreciated, Thank you
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DEFENCE
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1: I received the claim xxxxxxx from the Northampton County Court on 14/10/2016
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 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 assigned from MBNA Europe Bank Limited to Arrow Global Limited on 30/11/2015 The Defendant does not recall receiving notice of this assignment.
7. It is denied that MBNA Europe Bank Limited 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 18/10/2016 I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
9: On the 21/10/2016 I again, due to tracking not showing delivered, sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. Shoosmiths LLP has not sent any of these documents to me.
11. On the 18/10/2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. On the 21/10/2016 I again, due to tracking not showing delivered, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. On the 24/10/2016 Arrow Global Limited refused to accept delivery of the formal request for a copy of the original agreement, that was sent by signed for mail on the 21/10/16
14. On the 26/10/2016 I again, due to Arrow Global Limited refusing to accept the delivery, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee using Royal mail special delivery.
15. Arrow Global Limited refused to accept the delivery again.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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 .................................................. ....
Arrow Global/shoosmiths
Debt £1415
Date of claim form 7th October.
I filed my acknowledgement of service 10th October
I have sent 3 CCA requests to Arrow Global and 3 times, they have refused to accept delivery, 18th Nov, 21th Nov, 26th Nov
2 were sent by "signed for" mail and the last was sent "special delivery".
My CPR request was accepted by shoosmiths and they have written back stating that they are asking arrow global for copies of the agreement, default notice and Assignment, but if I don't file a defence by the 9th of November, they will ask for a summery judgement.
I have to file a defence before the 3rd of November (28days), and I was wondering where I stand in relation to the CCA requests.
Here is my defence so far, any help would be appreciated, Thank you
--------------------------------------------------------------------------------------------
DEFENCE
-----------------------------------------------------------------------------------------------
1: I received the claim xxxxxxx from the Northampton County Court on 14/10/2016
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 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 assigned from MBNA Europe Bank Limited to Arrow Global Limited on 30/11/2015 The Defendant does not recall receiving notice of this assignment.
7. It is denied that MBNA Europe Bank Limited 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 18/10/2016 I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
9: On the 21/10/2016 I again, due to tracking not showing delivered, sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. Shoosmiths LLP has not sent any of these documents to me.
11. On the 18/10/2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. On the 21/10/2016 I again, due to tracking not showing delivered, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. On the 24/10/2016 Arrow Global Limited refused to accept delivery of the formal request for a copy of the original agreement, that was sent by signed for mail on the 21/10/16
14. On the 26/10/2016 I again, due to Arrow Global Limited refusing to accept the delivery, sent a formal request for a copy of the original agreement to Arrow Global Limited, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee using Royal mail special delivery.
15. Arrow Global Limited refused to accept the delivery again.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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 .................................................. ....
