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Re: Help needed please Restons CCJ Threat
Hi All,
I need to submit my defence this week so just wondered if you would mind taking a quick look to see if I've missed anything...
The last I have heard from Arrow re CCA is they will request from OC and all collection activity will be suspended pending provision of the documents. They returned the £1 fee. Should I state this in my defence?
Copy of defence below;
DEFENCE
I received the claim ******** from the Northampton County Court on 29th June 2017.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on **** The Defendant does not recall receiving notice of this assignment.
It is denied that HSBC 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.
On the **** I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract and notice of Assignment. Restons Solicitors Ltd has not sent any of those documents to me.
On the **** I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
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.
I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not confirmed acceptance of this.
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.
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.
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.
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 23rd July 2017
Any feedback will be greatly appreciated, thanks!
Hi All,
I need to submit my defence this week so just wondered if you would mind taking a quick look to see if I've missed anything...
The last I have heard from Arrow re CCA is they will request from OC and all collection activity will be suspended pending provision of the documents. They returned the £1 fee. Should I state this in my defence?
Copy of defence below;
DEFENCE
I received the claim ******** from the Northampton County Court on 29th June 2017.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited on **** The Defendant does not recall receiving notice of this assignment.
It is denied that HSBC 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.
On the **** I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract and notice of Assignment. Restons Solicitors Ltd has not sent any of those documents to me.
On the **** I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
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.
I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not confirmed acceptance of this.
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.
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.
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.
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 23rd July 2017
Any feedback will be greatly appreciated, thanks!
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