MONKEYMOO COURT CLAIM THREAD

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

There is a defence example at the top of this thread.
Tweak it to suit your case.

Hi guys? Do i include the letter of the £1 been added to the account yet? Or still keep that quiet?

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

In the Northampton County Court (CCBC)
CaseNumber: ######

BETWEEN
##########(Claimant)
############

-AND-
##########(Defendant)


Defence
1: I receivedthe claim ###### from theNorthampton County Court Business Centre on 10/01/2017
2: Eachand every allegation in the Claimants statement of case is denied unlessspecifically admitted in this Defence.

3: This claim appears to be foraCredit Cardagreementregulated under the Consumer Credit Act 1974.
4: TheClaimants statement of case fails to give adequate information to enable me toproperly assess my position with regards the claim.

5. The particulars of the claim fail tostate when the agreement was entered into.
6. TheClaimants statement of case states that the account was assigned from ##########(No Date Given). The Defendant doesnot recall receiving notice of this assignment.
7. It isdenied that #########served any Default notice on the Defendant pursuant to s87 Consumer Credit Act1974. The Claimant is required to prove that a compliant Default Notice wasserved upon the Defendant.
8: On the##### I sent a request for inspection of documents mentioned in the claimant’sstatement of case under Civil Procedure Rule 31.14 to ########. Irequested the Claimant provide copies of the Agreement, Default Notice, and Notice of Assignment.
9. Howard Cohen and Co has not sent anyof these documents to me.
10. On the 22.12.2016I sent a formalrequest for a copy of the original agreement to Howard Cohen and Co pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1fee.
11. TheClaimant has failed to comply with s77(1)Consumer Credit Act 1974 and by virtue of s77 (4)Consumer Credit Act1974 cannot enforce the agreement.
12.UnderCivil Procedure Rule 16.5 (4) Where the claim includes a money claim, adefendant shall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation. Therefore,it is expected that the Claimant be required to prove the allegation that themoney is owed as claimed.
13. Irequest the court orders the Claimants to provide the necessary documentationin order for me to fully plead my case else the Claim should stand struck out.
14. In theevent that the relevant documents are received from the Claimants I will thenbe in a position to amend my defence, and would ask that the Claimants bear thecosts of the amendment.
15. It isdenied that the Claimant is entitled to the relief as claimed or at all

TheDefendant believes that the facts stated in this Defence are true.




HI GUYS THIS IS WHAT I HAVE DONE I WOULD BE GRAEFUL FOR ANY FEEDBACK PENDING MY EMAIL TO THEM TOMORROW BEOFRE 4PM THANK YOU

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Bump. Need your help guys!!!

[MIKE770]

Re: MONKEYMOO COURT CLAIM THREAD

spacing between words needed here makes it hard reading when words joined to-gether, spacing between paragraphs as judge would probably skip points due to hard reading.

item 14, maybe you re-word part to read if relevant and documents received deem necessary would apply to amend defence??


just an observation without admitting that you will amend only if necessary?

sure others may comment also

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

spacing between words needed here makes it hard reading when words joined to-gether, spacing between paragraphs as judge would probably skip points due to hard reading.

item 14, maybe you re-word part to read if relevant and documents received deem necessary would apply to amend defence??


just an observation without admitting that you will amend only if necessary?

sure others may comment also

I'm not sure why its doing that as its not showing spacing errors like that on my word document. okay I will amend that, thank you. re the letter where they allocated the £1 to the debt do I include that? thank you

[MIKE770]

Re: MONKEYMOO COURT CLAIM THREAD

I would as you point out it was a statuary fee!

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

I would as you point out it was a statuary fee!

do I add the letters I sent to them in my defence? or just my defence letter?

[charitynjw]

Re: MONKEYMOO COURT CLAIM THREAD

No panic, if you've already sent it, it's ok as is.

It may have been a tad better to mention the returned CCA request in the defence, but imho there's enough mention there already, so you can argue the finer points later if you have to.

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

No panic, if you've already sent it, it's ok as is.

It may have been a tad better to mention the returned CCA request in the defence, but imho there's enough mention there already, so you can argue the finer points later if you have to.

thanl you.

I included it in the letter.

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

thanl you.

I included it in the letter.

Hi guys, I received a letter from nccbc saying they have received my defence and it has been passed on to the claimant. I have not received any letter from them to either of my requests for documents. Do I need to send another letter. Or do I just sit tight?

[Amethyst]

Re: MONKEYMOO COURT CLAIM THREAD

Nope, sit tight for now, if you haven't heard anything in about a month, give the court a call and ask the status of the claim, it is likely to be 'stayed' ( put on hold ). If you do hear from court or claimant in meantime let us know xx

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Hi guys, after a mammoth 2 weeks of exams. I just realised I haven't heard anything and the 28 days was last week Monday. Should I ring the court?

[nemesis45]

Re: MONKEYMOO COURT CLAIM THREAD

Hi guys, after a mammoth 2 weeks of exams. I just realised I haven't heard anything and the 28 days was last week Monday. Should I ring the court?

Hi,

Yes!
nem

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Just rung the court. They said that apparently the claimaint is still pursuing it? I have heard nothing. And they (court) have posted me a letter on the 21st. they are going to email me one as well, and I have to choose if I want to do mediation or have it transferred to a local court? What does this mean? And surely I should of had a response from the claimants to my requests?

[nemesis45]

Re: MONKEYMOO COURT CLAIM THREAD

Just rung the court. They said that apparently the claimaint is still pursuing it? I have heard nothing. And they (court) have posted me a letter on the 21st. they are going to email me one as well, and I have to choose if I want to do mediation or have it transferred to a local court? What does this mean? And surely I should of had a response from the claimants to my requests?

Hi,

If the claimant has not complied with a CCA request either with an original copy of the credit card agreement with all the terms and condition or a reconstituted copy they cannot enforce the debt in court.

Hoist will drag this out right up to a hearing date in the hope of retrieving the necessary documents.

The court will send to a Questionnaire to complete and serve on the court and the claimant/solicitors.

nem