HELP PREPARE DEFENCE MONEY CLAIM under 2k

[DaveP]

I sent the claimant " proof the debt" letter. They replied and said they would send details back, but I need to send my defense within the date otherwise I will get a judgment against me.

I sent a letter to the court to not make a final judgment until I get the info and prepare my defense along with the letter sent to the claimant

did get a pre-court letter, but I was going through a lot of financial pressure/family costs with kids under 12 that I missed replying.

can I get a stay until the claimant sends the proof of debt? If so what is the process please; kindly direct me to any template I can follow.

what are the best defense options for my circumstance when I am already struggling to pay bills and groceries in overdraft for more than 6 months?

can't afford to pay and can't afford to get CCJ as it would cause income challenges?

thank you in advance.

[DaveP]

claim date 7 sep 2023

claim serve date 12 sep

have before10 Oct 2023 to file defence confirmed by claimant.

I am sending CPR 31.14 and CCA letter with postal order 05 oct 2023 as well a SAR

I sent the claimant " proof the debt" letter 20 sep. They replied 26 sep and said they would send details back, but I need to send my defense within the date otherwise I will get a judgment against me.

[echat11]

Hi DAVEP

Welcome to LB

Fill in the following, copy and paste it back onto this thread without personal information.

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:

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a) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary, You need to get your Defence in before that date. Update the thread so help can be provided for your defence.

b) Send the CCA request, make sure you get Proof of Postage -

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

c) Send the CPR 31.14 request, make sure you get Proof of Postage -

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

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d) This is an example Defence, it needs to be amended to your case, If you have a go, copy and paste it back onto this thread without personal details. The Defence can be filed online via MCOL, but also send a copy to their solicitors and get Proof of Postage.

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

You want to get your Defence in by the 9th October, so aim to do that.

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As they've filed a claim, that needs to be Defended, you've requested various documents, see what they provide, then you will be better informed how to proceed.

After you file your Defence, they have 28 days to respond, then you are sent a Directions Questionnaire, it might be possible to have a Mediation meeting, if it isn't resolved, then you exchange Witness Statements and then their is a Hearing.

You are a very long way from a CCJ. Don't panic a Court will only ask you to pay what you can afford each month, if it's £1 so be it.

At some point fill in a Income and Expenditure form, take account of the Cost of Living. Be prudent, cost of energy, food, etc.

[DaveP]

does the defence need to be signed


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DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

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 a Bank Loan agreement regulated under the Consumer Credit Act 1974.

4. [do i have to admit or deny since i dont have the requested information ] It is denied that the Defendant has previously entered into agreement with [Original Creditor /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 the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on XX/03/2020

7.[ it is within 6 years so plan to leave this point out][The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Original Creditor] 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.

XX.On the 20 Sep 2023 The Defendant sent a request for additional details (Prove the debt letter).

XX.The claimant acknowledged the receipt of letter but has not sent any of these documents to the Defendant.

XX.On the 05 Oct 2023 The Defendant sent Subject access request ( Data protection Act 2018 / General Data Protection Regulations (GDPR) ) .

11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

10.On the 05 Oct 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment along with the statutory £1 fee.


11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

12.On the 05 Oct 2023 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section (77 - 79) 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 they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

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 the 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][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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.
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[DaveP]

atticus , echat11 , R0b , EXC

URGENT HELP REQUESTED on defence above message to submit today, please.

do i have to send an email between 8 am and 4 pm and check for email acknowledgement?

the sar , cca and cpr sent to claimant on 05 oct ; i need to let court know that i sent these docs. do i copy claimant on the email as well.
do i type the post office tracking number in the email for docs sent in post on 05 oct to claimant or should i attach the post office reciept image and postal order pictures ?

can i add all the images (docs sent and reciepts) in one word document so it is readable and in order of pages for the email to court or attach the photos separately or attach word docs, please.

i acknowledged the claim online but read in some threads to not file defence online but rather email , kindly advise

thank you in advance.

=======================================
Received a claim? Yes

Issue Date: 7 sep

Claim serve date 12 sep

Have you Acknowledged the Claim?: yes

Total Amount Claimed : 1500

Original Debt Bank Loan

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): mar 2020 agreement date feb 2022 defaulted dec 2022 assigned. says notice of assignment sent to defendant in accordance with s136 law of property act 1925 AND THE CLAIMANT CLAIMS sum of 1500

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): they claim mar 2020 agreement date, mentioned so it is within 6 years

default date ( asked for default statement ) , dec 2022 and asked for default statement on 05 oct

List any letters you have sent (eg: CCA/ CPR ): 20- sept prove the debt letter (acknowledged by claimant) , on 05 oct sent ( CCA , CPR , SAR along with two 1 pound postal order)

Any Other Information or Background Details: have 1 year old and 2 under 10 year old and two accounts in over draft for quite a few months very hard to keep up with basic costs of living as is

[DaveP]

would asking for breathing space help in this situation what would be the pro and cons

[echat11]

Try to calm down, keep on top of the case.

The paragraphs in green can be removed, but it's up to you. If you remove, remember to re-number.

Read through the Defence below, make sure it's correct. I've removed the limitation / extension paragraphs as they don't apply.

Yes it needs to be signed, as it has a Statement of Truth.

Email the Defence to the Court as an attachment.

Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

Remember to post a copy to their solicitors, make sure you get Proof of Postage.



DEFENCE

1. The Defendant received the claim XXXXXXXXXX from the XXXXXXXX County Court on XXXXXXXXXX.

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 a Bank Loan agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into agreement with the Original Creditor 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 the claim.

6. The Claimant’s Particulars of Claim states the agreement was entered into on XX/03/2020

7. The Claimants statement of case states that the account was assigned from XXXXXXX to XXXXXXXX on XXXXXX. The Defendant does not recall receiving notice of this assignment.

8. It is denied that XXXXXXXX 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 the 20 Sep 2023 The Defendant sent a letter requesting more information.

10. The claimant acknowledged the receipt of the letter but has not sent any of these documents to the Defendant.

11. XX.On the 05 Oct 2023 The Defendant sent Subject Access Request under Data Protection Act 2018 / General Data Protection Regulations (GDPR).

12. XXXXXXXX Solicitors has not sent any of these documents to the Defendant.

13. On the 05 Oct 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to XXXXXX Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

14. XXXXXXX Solicitor has not sent any of these documents to the Defendant.

15. On the 05 Oct 2023 The Defendant sent a formal request for a copy of the original agreement to XXXXXXXX pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

16. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

17. 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.

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

19. 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.

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

Statement of Truth

I believe 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.

[atticus]

3 panicky posts in the small hours, 4 days after the last reply!

I would add that you need to read and understand the Statement of Truth before you sign it.

[DaveP]

echat11 thank you so much for your speedy guidance .
I need to calm but seems i am going into major stress
i dont recall the loan but from your suggestion above it seems that admitting it is better in my circumstance
for docs sent to claimant via post i can send them to court on the above email in separate email before or after the defense email as separate pdf docs
To post my defence to claimant - the dont have a solicitor address ; i read somewhere the court sends copy of defence to claimant but seems thats not the case in this circumstance?
does the postage have to be signed for copy of defence or ca it be simple

[DaveP]

atticus thank you so much for helping ; i am struggling mentally to cope with this challenge along with financial issues been trying for three days to do this but ….

[R0b]

A bit late in the day for me to comment, other than to suggest that without specific background information, your best bet is to try and file a generic defence that covers the most common problems creditors run into with these claims:

1. No notice of assignment was given, therefore the claimant has no legal standing to bring the claim.
2. A failure to file a default notice. No default notice + issuing of proceedings = wrongful termination by the creditor.
3. Failure to respond to a CCA request within the prescribed time, means they are unable to enforce the claim.

The risk with filing a generic defence is that you could be liable for wasted costs if it turns out that any part of your defence is hopeless and the claimant asks for its costs. It's unlikely with these types of claims but possible so you need to bear that in mind and would I reiterate what Atticus has said above about the statement of truth.

Alternatively, you could email the creditor to confirm if they would be willing to agree an extension of time but you need to give an explanation why. Make sure the subject line is prominent with the words "Urgent" or "Urgent action required today" or something to that effect. Extension for filing a defence can be made up to 28 days under CPR 15.5 without court permission. If agreed, you need to email the court and copy the other side in explaining that you have agreed an extension to file a defence and the date for filing is now X date.

Failing that you could submit an application for an extension of time but that needs to be filed with the court before 4pm today - again, evidence needs to be provided to support your claim as to why an extension is needed. That could give you breathing space to wait for a time for the court to assign a date to hear your claim and in the meantime, you can prepare a defence. There is a cost associated with it at £275 unless you are eligible for a fee exemption (link here: https://www.gov.uk/get-help-with-court-fees)

[echat11]

echat11 thank you so much for your speedy guidance .
I need to calm but seems i am going into major stress
i dont recall the loan but from your suggestion above it seems that admitting it is better in my circumstance
for docs sent to claimant via post i can send them to court on the above email in separate email before or after the defense email as separate pdf docs
To post my defence to claimant - the dont have a solicitor address ; i read somewhere the court sends copy of defence to claimant but seems thats not the case in this circumstance?
does the postage have to be signed for copy of defence or ca it be simple

a) I need to calm but seems i am going into major stress

When you feel stressed, try to do stuff that calms you down, music, crossword, make some tea etc.

b) i dont recall the loan but from your suggestion above it seems that admitting it is better in my circumstance

If you can't recall taking the loan out, then that is what you must put. I'm only going by your initial post.

c) for docs sent to claimant via post i can send them to court on the above email in separate email before or after the defense email as separate pdf docs

You email the Court on the email address provided your Defence as an attachment. You send their solicitors a copy of your Defence by post, make sure you get Proof of Postage.

d) To post my defence to claimant - the dont have a solicitor address ; i read somewhere the court sends copy of defence to claimant but seems thats not the case in this circumstance?

I'm sure the Court will do that, but there is no harm you doing that, you know you've done it. The solicitors address should be on the claim form, you could Google it.

e) does the postage have to be signed for copy of defence or ca it be simple

You just need Proof of Postage, doesn't have to be signed for.

[DaveP]

A bit late in the day for me to comment, other than to suggest that without specific background information, your best bet is to try and file a generic defence that covers the most common problems creditors run into with these claims:

1. No notice of assignment was given, therefore the claimant has no legal standing to bring the claim.
2. A failure to file a default notice. No default notice + issuing of proceedings = wrongful termination by the creditor.
3. Failure to respond to a CCA request within the prescribed time, means they are unable to enforce the claim.

The risk with filing a generic defence is that you could be liable for wasted costs if it turns out that any part of your defence is hopeless and the claimant asks for its costs. It's unlikely with these types of claims but possible so you need to bear that in mind and would I reiterate what Atticus has said above about the statement of truth.

Alternatively, you could email the creditor to confirm if they would be willing to agree an extension of time but you need to give an explanation why. Make sure the subject line is prominent with the words "Urgent" or "Urgent action required today" or something to that effect. Extension for filing a defence can be made up to 28 days under CPR 15.5 without court permission. If agreed, you need to email the court and copy the other side in explaining that you have agreed an extension to file a defence and the date for filing is now X date.

Failing that you could submit an application for an extension of time but that needs to be filed with the court before 4pm today - again, evidence needs to be provided to support your claim as to why an extension is needed. That could give you breathing space to wait for a time for the court to assign a date to hear your claim and in the meantime, you can prepare a defence. There is a cost associated with it at £275 unless you are eligible for a fee exemption (link here: https://www.gov.uk/get-help-with-court-fees)

thank you so much for your insight ; as for emailing the claimant to get a further 28 days can i ask this on the basis to get the requested documents to better create defence ; the acknowledgement letter states that i have before 10 oct which i take is by 4 pm today 9 oct

in this circumstance sending an email and waiting for reply by 3 pm and if not send the defence in and copy court in the email.

R0b

[DaveP]

a) I need to calm but seems i am going into major stress

When you feel stressed, try to do stuff that calms you down, music, crossword, make some tea etc.

b) i dont recall the loan but from your suggestion above it seems that admitting it is better in my circumstance

If you can't recall taking the loan out, then that is what you must put. I'm only going by your initial post.

c) for docs sent to claimant via post i can send them to court on the above email in separate email before or after the defense email as separate pdf docs

You email the Court on the email address provided your Defence as an attachment. You send their solicitors a copy of your Defence by post, make sure you get Proof of Postage.

d) To post my defence to claimant - the dont have a solicitor address ; i read somewhere the court sends copy of defence to claimant but seems thats not the case in this circumstance?

I'm sure the Court will do that, but there is no harm you doing that, you know you've done it. The solicitors address should be on the claim form, you could Google it.

e) does the postage have to be signed for copy of defence or ca it be simple

You just need Proof of Postage, doesn't have to be signed for.

echat11

looking at asking for extra 28 days email or submiting defence today. if instead of admiting in 4 i remove 4 and amend 5 to say below

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim requiring the claimant to prove the claim.

[DaveP]

can you kindly advise Celestine i am pressed for time ; email for further 28 days but then defence not in time or put the defence in today by 3 pm as 4 pm is the deadline.