Court Case which i have to respond by tomorrow!!

[denwins]

Re: Court Case which i have to respond by tomorrow!!

Thank you for your assistance I have found the template But i can not see how to up load here for it to be seen to confirm it is ?
Thank you

[Amethyst]

Re: Court Case which i have to respond by tomorrow!!

You can just copy and paste it as text if that's easier

[denwins]

Re: Court Case which i have to respond by tomorrow!!

1: I received the claim XXXXXXX from the County Court Salford on the 3^rd May
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

2: This claim is for a Car Loan agreement regulated under the Consumer Credit Act 1974.
It is admitted that the Defendant has previously entered into an agreement with Claimant for provision of credit.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

3: On the 8^th May I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Gmac UK. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment I I received letter stating it was not my signature, which I then resent with my signature a second time
Gmac & Shoosmiths Solicitors has not sent any of these documents to me.

4. On the 8^th & 16^th May I sent a formal request for a copy of the original agreement to Gmac & Shoosmiths pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

5. 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.

6. Under Civil Procedure Rule 16.5 (4) where the claim includes money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed is 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.

7. 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.

8. 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.

9. 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.

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Can you take a look for me please to confirm this is ok to send back Thank

[denwins]

Re: Court Case which i have to respond by tomorrow!!

Hi Can any one take alook a the above which i am sending out tomorrow to confim it is all op Thnaks

[Kati]

Re: Court Case which i have to respond by tomorrow!!

[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] ... does this look OK to you??

[charitynjw]

Re: Court Case which i have to respond by tomorrow!!

I think it could do with some TLC.

For a start, the stuff in [brackets].
The numbering is ......umm.....
Paragraphs ought to be 1.5 or double-spaced.
We can then have another look.

[denwins]

Re: Court Case which i have to respond by tomorrow!!

How is this one ?

[charitynjw]

Re: Court Case which i have to respond by tomorrow!!

How is this one ?

Looks a bit sparse to me.

Ah....you've edited your previous post

[charitynjw]

Re: Court Case which i have to respond by tomorrow!!

To whom did you send the CCA request?
Ditto the CPR request?
You also asked for a copy of the s87 CCA Default Notice. Did they disclose it. If not, highlight that fact.

[charitynjw]

Re: Court Case which i have to respond by tomorrow!!

If it were me

1: I received the claim XXXXXXX from the County Court Salford on the 3^rd May 2017

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 Car Loan agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with Claimant for provision of credit.

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

& so on
& I'd lose the bold.

[denwins]

Re: Court Case which i have to respond by tomorrow!!

Hi can any one assist me in the above letter received as since sending out the
The letter tenplate headed Car Loan agreement regulated under the Consumer Credit Act 1974. before the 28 days
I have now received this letter above from Gmac I am unsure why they have sent this as i have still not received the documents i requested
I am at a loss of what to do

[Amethyst]

Re: Court Case which i have to respond by tomorrow!!

If the agreement was terminated in 2015 I don't see how they can now be charging you third party agent fees, as default charges etc would only be chargeable under the agreement - which has been terminated. Is the actual claim being brought by GMAC ( via shoosmiths ) ?

[MENTION=71570]R0b[/MENTION] ? [MENTION=87380]Diana M[/MENTION]; ?

86ENotice of default sums

(1)This section applies where a default sum becomes payable under a regulated agreement by the debtor or hirer.

(2)The creditor or owner shall, within the prescribed period after the default sum becomes payable, give the debtor or hirer a notice under this section.

(3)The notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.

(4)The debtor or hirer shall have no liability to pay interest in connection with the default sum to the extent that the interest is calculated by reference to a period occurring before the 29th day after the day on which the debtor or hirer is given the notice under this section.

(5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

(6)The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

(7)Regulations may—

(a)provide that this section does not apply in relation to a default sum which is less than a prescribed amount;

(b)make provision about the form and content of notices under this section.

(8)This section does not apply in relation to a non-commercial agreement or to a small agreement.]]

[denwins]

Re: Court Case which i have to respond by tomorrow!!

If the agreement was terminated in 2015 I don't see how they can now be charging you third party agent fees, as default charges etc would only be chargeable under the agreement - which has been terminated. Is the actual claim being brought by GMAC ( via shoosmiths ) ?

@R0b ? @Diana M; ?

The letter received come from headed paper of Gmac but they have shoosmith as in house solicitors

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Should i respond to this recent letter or wait to see what i receive back from the court ?

[Amethyst]

Re: Court Case which i have to respond by tomorrow!!

It's not really a letter, more a notification, so I'd just keep it in your file with a view to revisiting it later if needed.

[R0b]

Re: Court Case which i have to respond by tomorrow!!

The letter may possible be an automatically generated one if they have updated your account on their system but I believe the Notice of Default Sums is invalid and does not have any effect once the agreement has already been terminated. However, those "third party agent fees" looks like they relate to the court fees e.g. £455 court claim fee? Either way they can't double recover and those fees will be assessed once the trial is over.