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Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim is for a debt allegedly owed pursuant to a Credit Card agreement between myself and Clydesdale Bank Plc regulated under the Consumer Credit Act 1974.
The Claimants statement of case is vague and fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimant’s Particulars of Claim states the agreement was entered into on XXXX 2016.This is neither admitted or denied and no supporting documentation or evidence has been provided by the Claimant.
The Claimants statement of case states that the account was assigned to the Claimant however fails to give a date of such assignment, nor state who assigned the agreement to them. The Defendant does not recall receiving notice of any such assignment.
The Claimants statements of case states that 'The Defendant failed to make the minimum payment due & the Agreement was terminated'. No further detail is given and without sight of the agreement and any statements of the alleged account I am unable to ascertain what minimum payment was due, when or whether such was paid.
The Claimant fails to give details of any Default and it is denied that CLydesdale Bank nor the Claimany served any Default notice on me as required under to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant, without such no cause of action exists - Doyle v PRA Group (UK) Ltd [2019].
The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
On the 7th May 2019 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
The Claimant has only provided a copy of the alleged Notice of Assignment to me to date.
On the 7th May 2019 I further sent a formal request for a copy of the original agreement to the Claimant, as creditor under s189 of the Consumer Credit Act 1974, 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.
In addition, to find out more information about the claim, I have sent a Subject Access Request as entitled under the Data Protection Act 2018 direct to Clydesdale Bank Plc. Clydesdale Bank have responded stating they are unable to match my details with any they have on file and I am currently trying to assist them further in locating any account I may have held with them that may have led to this claim.
With regards the failure to provide documentation or evidence following the issuance of this claim, I have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), however despite stating that the matter is on hold and that no further action will be taken they have failed to agree to the formal extension therefore I am obliged to file this defence. In the event that the relevant documents are received later from the Claimant, then I will then be in a position to amend my defence, and would ask that the court orders the Claimants bear the costs of such amendment.
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 respectfully 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 Claimant, 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.
This claim is for a debt allegedly owed pursuant to a Credit Card agreement between myself and Clydesdale Bank Plc regulated under the Consumer Credit Act 1974.
The Claimants statement of case is vague and fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimant’s Particulars of Claim states the agreement was entered into on XXXX 2016.This is neither admitted or denied and no supporting documentation or evidence has been provided by the Claimant.
The Claimants statement of case states that the account was assigned to the Claimant however fails to give a date of such assignment, nor state who assigned the agreement to them. The Defendant does not recall receiving notice of any such assignment.
The Claimants statements of case states that 'The Defendant failed to make the minimum payment due & the Agreement was terminated'. No further detail is given and without sight of the agreement and any statements of the alleged account I am unable to ascertain what minimum payment was due, when or whether such was paid.
The Claimant fails to give details of any Default and it is denied that CLydesdale Bank nor the Claimany served any Default notice on me as required under to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant, without such no cause of action exists - Doyle v PRA Group (UK) Ltd [2019].
The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
On the 7th May 2019 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
The Claimant has only provided a copy of the alleged Notice of Assignment to me to date.
On the 7th May 2019 I further sent a formal request for a copy of the original agreement to the Claimant, as creditor under s189 of the Consumer Credit Act 1974, 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.
In addition, to find out more information about the claim, I have sent a Subject Access Request as entitled under the Data Protection Act 2018 direct to Clydesdale Bank Plc. Clydesdale Bank have responded stating they are unable to match my details with any they have on file and I am currently trying to assist them further in locating any account I may have held with them that may have led to this claim.
With regards the failure to provide documentation or evidence following the issuance of this claim, I have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), however despite stating that the matter is on hold and that no further action will be taken they have failed to agree to the formal extension therefore I am obliged to file this defence. In the event that the relevant documents are received later from the Claimant, then I will then be in a position to amend my defence, and would ask that the court orders the Claimants bear the costs of such amendment.
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 respectfully 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 Claimant, 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.
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