Recieved 2 Claim forms

[warwick65]

Re: Recieved 2 Claim forms

Thanks MrMRJ

I get easily confused

So they are probably within their rights not to send them as they were not specifically asked mentioned

The powerful tool is the CCA request although as I said, in your defence you want to ask that they prove a compliant DN was issued and the agreement was assigned by production of the deed of assignment

[MrMRJ]

Re: Recieved 2 Claim forms

OK, so I need to get my defence in tonight. What would you advise my defence is based on? The fact that we believe it is statute barred or should there be other things added?

Thanks for your assistance.

[charitynjw]

Re: Recieved 2 Claim forms

Replied on your other thread.

[MrMRJ]

Re: Recieved 2 Claim forms

Ok here is my draft defence attached. Is this OK?

Could someone also confirm the bold sections in the defence am I selecting secontion 77 or 78.

Thanks

[warwick65]

Re: Recieved 2 Claim forms

I am not the expert but while you said no assignment but nothing about them needing to prove it. Im on my phone so could only scan it

[warwick65]

Re: Recieved 2 Claim forms

I would also make the SB more prominant.

[charitynjw]

Re: Recieved 2 Claim forms

s78 for credit card & catalogue claims.....scrub refs to s77.

At the bottom, add

It is denied that the Claimant is entitled to the relief as claimed or at all.

As Warwick says, move the SB para up to a more prominent position.
& number the paragraphs.

[MrMRJ]

Re: Recieved 2 Claim forms

s78 for credit card & catalogue claims.....scrub refs to s77.

At the bottom, add

As Warwick says, move the SB para up to a more prominent position.
& number the paragraphs.

Thanks. Does this look OK?

1. I received the claim [CLAIM No] from the Northampton County Court on 18^th April 2017

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4. The Defendant contends that any alleged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that she has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.
5. The Claimants statement of case states that the account was assigned from Shop Direct to Capquest Investments Limited on August 12^th 2013. The Defendant does not recall receiving notice of this assignment.
6. It is denied that Shop Direct 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 22^nd April 2017 I sent a formal request for a copy of the original agreement to Capquest Investments Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
9. 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.

10. 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.


11. 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.
12. 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.

[warwick65]

Re: Recieved 2 Claim forms

At 5 add the claimant is required to prove the account was legally assigned according to the Law of Property Act 1925.

I would space at 1.5 between lines and double between paragraphs. Makes it easier to read.

[MrMRJ]

Re: Recieved 2 Claim forms

At 5 add the claimant is required to prove the account was legally assigned according to the Law of Property Act 1925.

I would space at 1.5 between lines and double between paragraphs. Makes it easier to read.

Thanks, there is a space on the document itself just hasnt pasted correctly on here.

[charitynjw]

Re: Recieved 2 Claim forms

Getting there!
Double-space paragraphs.
Being nitpicky, I would stick to either 'the Defendant.....' or 'I.......'
& tweak the sentence/para accordingly (ie so that it makes sense)
I'd also change the 'she' in para #4 to suit. (I, or the Defendant)

[MrMRJ]

Re: Recieved 2 Claim forms

Hi Everyone,

Back from holiday and back to reality.

While we were away we recieved ackowledgement from the court that the defence had been submitted. We also did recieve a reconstituted Credit Agreement and copy of T&C from the claimant. Although no dates in the credit agreement.

We also recieved the attached reply from Restons for the defence we put in. Do we need to respond to this? They also attached another copy of the court admission form.

The bit in thier reply that concerns me is what they say about the debt being statute barred, are they correct in what they say. There has been no payment or communication from our end regarding this debt since Christmas 2010.


Thanks

[warwick65]

Re: Recieved 2 Claim forms

As ou have included SB in your defence along with the lack of default notice is really is up to them I think to prove otherwise.

In your witness statement ( if it gets to that) you expand on what you have said

I believe it is not so much when they defaulted and terminated the account but when they could have. Capital One contracts are very specific about that so maybe you need to read the recon they have sent you to see what it says

They have sent you that but you haven't received a DQ so they have not yet decided to proceed

I am glad I am not up against Resctons- they are hard faced buggers who will bluff bluff and try it on

[MrMRJ]

Re: Recieved 2 Claim forms

As ou have included SB in your defence along with the lack of default notice is really is up to them I think to prove otherwise.

In your witness statement ( if it gets to that) you expand on what you have said

I believe it is not so much when they defaulted and terminated the account but when they could have. Capital One contracts are very specific about that so maybe you need to read the recon they have sent you to see what it says

They have sent you that but you haven't received a DQ so they have not yet decided to proceed

I am glad I am not up against Resctons- they are hard faced buggers who will bluff bluff and try it on

So there is no need to reply to thier letter, and just wait for any further documents from the court?

[pt2537]

Re: Recieved 2 Claim forms

Hi Everyone,

Back from holiday and back to reality.

While we were away we recieved ackowledgement from the court that the defence had been submitted. We also did recieve a reconstituted Credit Agreement and copy of T&C from the claimant. Although no dates in the credit agreement.

We also recieved the attached reply from Restons for the defence we put in. Do we need to respond to this? They also attached another copy of the court admission form.

The bit in thier reply that concerns me is what they say about the debt being statute barred, are they correct in what they say. There has been no payment or communication from our end regarding this debt since Christmas 2010.


Thanks

Hahaha, they are running the termination argument for limitation and are probably relying on BMW v Hart.

I beat that argument recently, if you look at my blog which is in my signature below youll see. The Argument they are running relies on a perverse idea that limitation runs from when the creditor terminates the agreement, however that cannot be right, otherwise a creditor could wait 30 years, send a default notice and have a further years to bring a claim despite the breach of contract occuring 37 years previous.