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I received a letter through the post from a law firm regarding a debt from nearly six years ago.
I acknowledged it through the NCCBC online service and indicated my intention to defend in full.
I sent a CCA and CPR 31.14 request as per typical defence strategy. After the solicitor tried to fob me off I persisted and I got the requested documents as you might expect.
The particulars of claims are as follows:
The defendant owes the claimant £XXX under a regulated loan agreement with XXXXX T/A XXXXX dated XX/XX/XXXX and which was assigned to the claimant on XX/XX/XXXX and notice of which was given to the defendant on XX/XX/XXXX (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £XXX.XX and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amount to £XX.XX.
I have received the loan agreement which looks to be accurate, a copy of an email sent to me which they claim is the notice of assignment on which the date mismatches the date on the particulars of claim, and an inaccurate looking statement of account (only a years worth from last year, the account has been inactive for five years).
I've built my defence around them not having issued me with a notice of default and them making no mention to it in the particulars of claim.
My defence is as follows:
1: I received the claim XXXXXXX from the Northampton County Court Business Centre on XX/XX/XXXX (February this year)
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim is for a loan agreement regulated under the Consumer Credit Act 1974.
4: It is admitted that the Defendant has previously entered an agreement with XXXXX for the provision of credit.
5: It is denied that {{Original Lender}} or {{Debt Collection Agency}} have 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.
6: The Claimant has notified the court that the particulars of claim are a statement of truth.
7: In complying with their CPR 31.14 Duties, the Claimants solicitors have provided a copy of the Notice of Assignment with a date that does not match the date mentioned in the particulars of claim.
8: The claimant makes no mention of serving a Default Notice in their particulars of claim.
9: The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974.
10: In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.
11: I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.
12: The claimant has not fully or properly complied with the Consumer Credit Act 1974 sections 77-79 for a statement of account and copies of the terms and conditions. The claimants solicitor provided a single annual statement of account which is not signed, in breach of section 77 subsection 1 of the Consumer Credit Act which explicitly requires that the creditor provide a signed statement of account. Therefore the claimant is not entitled to seek to enforce the agreement as the Consumer Credit Act 77 subsection 4 details.
13: The claimant should therefore be considered in repudiatory breach of the contract due to default of the provisions provided in section 88 of the Consumer Credit Act 1974 and section 77-79 of the Consumer Credit Act 1974 in relation to my earlier points in this defence, specifically, 5,6,8,9 and 10.
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.
Any feedback appreciated!
I acknowledged it through the NCCBC online service and indicated my intention to defend in full.
I sent a CCA and CPR 31.14 request as per typical defence strategy. After the solicitor tried to fob me off I persisted and I got the requested documents as you might expect.
The particulars of claims are as follows:
The defendant owes the claimant £XXX under a regulated loan agreement with XXXXX T/A XXXXX dated XX/XX/XXXX and which was assigned to the claimant on XX/XX/XXXX and notice of which was given to the defendant on XX/XX/XXXX (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £XXX.XX and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amount to £XX.XX.
I have received the loan agreement which looks to be accurate, a copy of an email sent to me which they claim is the notice of assignment on which the date mismatches the date on the particulars of claim, and an inaccurate looking statement of account (only a years worth from last year, the account has been inactive for five years).
I've built my defence around them not having issued me with a notice of default and them making no mention to it in the particulars of claim.
My defence is as follows:
1: I received the claim XXXXXXX from the Northampton County Court Business Centre on XX/XX/XXXX (February this year)
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim is for a loan agreement regulated under the Consumer Credit Act 1974.
4: It is admitted that the Defendant has previously entered an agreement with XXXXX for the provision of credit.
5: It is denied that {{Original Lender}} or {{Debt Collection Agency}} have 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.
6: The Claimant has notified the court that the particulars of claim are a statement of truth.
7: In complying with their CPR 31.14 Duties, the Claimants solicitors have provided a copy of the Notice of Assignment with a date that does not match the date mentioned in the particulars of claim.
8: The claimant makes no mention of serving a Default Notice in their particulars of claim.
9: The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974.
10: In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.
11: I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.
12: The claimant has not fully or properly complied with the Consumer Credit Act 1974 sections 77-79 for a statement of account and copies of the terms and conditions. The claimants solicitor provided a single annual statement of account which is not signed, in breach of section 77 subsection 1 of the Consumer Credit Act which explicitly requires that the creditor provide a signed statement of account. Therefore the claimant is not entitled to seek to enforce the agreement as the Consumer Credit Act 77 subsection 4 details.
13: The claimant should therefore be considered in repudiatory breach of the contract due to default of the provisions provided in section 88 of the Consumer Credit Act 1974 and section 77-79 of the Consumer Credit Act 1974 in relation to my earlier points in this defence, specifically, 5,6,8,9 and 10.
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.
Any feedback appreciated!
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