solicitor request for court grants judgement in default before defence due date

[DaveP]

claim date 23 Jan 2024; claim amount is 2100

submitted online acknowledgement of service 5 Feb

got letter from solicitor saying they have requested for court to grant judgement in default (dated 13 feb) and pay 50£ monthly ; but does not give any reason ;

i believe i have issue date 23 jan + 5 days + 14 days for acknowledgement of service ( until 11 feb for AOS ) and a further 14 days ( until 25 feb )to file a defence

please advise of the best actions for me to take and reasons for the solicitor letter and confirm the dates for defence and AOS.

echat11

thanks in advance

[echat11]

Why have you started a new thread?

[DaveP]

echat11 this is a separate claim. kindly advise on the queries at the top.

[echat11]

Fill in the following, copy and paste back to this thread without personal details:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
How old is the account:

[DaveP]

echat11

Received a claim? Yes
Issue Date: 23 jan 24
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 2100
Original Debt credit card

Particulars of Claim: issue credit card ; defendant failed to make min payment ; payment terminated following service of default notice. agreement assigned to claimant . claimant through its appointed representative has arranged for these proceedings. the named claimant therefore claims 1900 plus costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not sure
List any letters you have sent (eg: CCA/ CPR ): preparing defence
Any Other Information or Background Details:
How old is the account: may 2020

[echat11]

A) You need to send a 31.14 request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

B) You need to send a CCA 1974 request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

C) Have a go at doing your Defence, copy and paste back onto this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

It's not statute barred.

[DaveP]

echat11 thank you for your earlier guidance will action these

but why did i gett letter from a solicitor saying they have requested for the court to grant judgement in default (dated 13 Feb) and pay 50£ monthly; but does not give any reason ;

With issue date 23 jan + 5 days + 14 days for acknowledgement of service ( until 11 feb for AOS ) and a further 14 days ( until 25 feb ) to file a defence

can you guide me on why they have asked for judgment in default when i am with in date?

acknowledgment of service was received on 05/02/2024

[echat11]

echat11 thank you for your earlier guidance will action these

but why did i gett letter from a solicitor saying they have requested for the court to grant judgement in default (dated 13 Feb) and pay 50£ monthly; but does not give any reason ;

With issue date 23 jan + 5 days + 14 days for acknowledgement of service ( until 11 feb for AOS ) and a further 14 days ( until 25 feb ) to file a defence

can you guide me on why they have asked for judgment in default when i am with in date?

acknowledgment of service was received on 05/02/2024

a) but why did i gett letter from a solicitor saying they have requested for the court to grant judgement in default (dated 13 Feb) and pay 50£ monthly; but does not give any reason ;

What you've received I believe is the service pack, it's standard. they'll be asking for default Judgement in the case and for them to withdraw the case you need to agree to pay £50 each months. It's an attempt to settle the matter.

b) With issue date 23 jan + 5 days + 14 days for acknowledgement of service ( until 11 feb for AOS ) and a further 14 days ( until 25 feb ) to file a defence

Yes, but the sooner you lodge it with the Court and their solicitors the better, stops the anxiety.

c) can you guide me on why they have asked for judgment in default when i am with in date?

acknowledgment of service was received on 05/02/2024

As above, they believe they have a good case so will win.

[echat11]

Have you done your Defence?

[DaveP]

echat11

kindly review the defence below and let me know your feedback/amedments.

1. The Defendant received the claim XXX from the CIVIL NATIONAL BUSINESS CENTRE County Court on 23 JAN 2024.
2. Each and every allegation in the Claimant's statement of the case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4. The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim requiring the claimant to prove the claim.
5. The Claimant Solicitor where requested to provide a copy of the credit agreement under the Consumer Credit Act 1974 (Sections 77−79) but no details have been provided by the Claimant.
6. The Claimant’s Particulars of Claim states the agreement was entered into on or around 01/05/2020.
7. The Claimant's statement of the case states that the account was assigned from XXXX to XXXXX . No date of assignment mentioned by the claimant.The Defendant does not recall receiving notice of this assignment.
8. It is denied that XXXX 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. 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.
9. On 21 FEB 2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. XXX CLAIMANTS SOLICITOR has not sent any of these documents to the Defendant.

1. On 21 FEB 2024 The Defendant sent a formal request for a copy of the original agreement to XXXXX pursuant to section 77 / 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. 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.

1. The Defendant 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), but awaiting response. Request the court to allow 2 weeks to respond and then further 2 weeks to file a defence with the information received.

15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

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

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[echat11]

1. The Defendant received the claim XXX from the CIVIL NATIONAL BUSINESS CENTRE County Court on 23 JAN 2024.
2. Each and every allegation in the Claimant's statement of the case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4. The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim requiring the claimant to prove the claim.
5. The Claimant Solicitor where requested to provide a copy of the credit agreement under the Consumer Credit Act 1974 Section 78 but no details have been provided by the Claimant.
6. The Claimant’s Particulars of Claim states the agreement was entered into on or around 01/05/2020.
7. The Claimant's statement of the case states that the account was assigned from XXXX to XXXXX.The Claimant has failed to state the date of assignment in their statement of case. The Defendant does not recall receiving notice of this assignment.
8. It is denied that XXXX 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. The Claimant is required to prove that 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.
9. On 21 FEB 2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. XXX CLAIMANTS SOLICITOR has not sent any of these documents to the Defendant.
11. On 21 FEB 2024 The Defendant sent a formal request for a copy of the original agreement to XXXXX pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

1. 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.

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.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

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

Sort out the numbers spacing and alignment.

You can file your Defence with the Court via MCOL. You can post a copy to the Creditors solicitors, make sure you get Proof of Postage.

[DaveP]

echat11 thank you for the corrected defense.

do i have to send two 1 £ postal order for 31.14 request and CCA 1974 or can i send a 2£ postal order as sending to the same claimant in one envelope?

[echat11]

echat11 thank you for the corrected defense.

do i have to send two 1 £ postal order for 31.14 request and CCA 1974 or can i send a 2£ postal order as sending to the same claimant in one envelope?

No only for the CCA 1974 request.

No need for 31.14 request.