CCJ Defence Help Needed

[Judah12]

Thank you

[Judah12]

Two questions

1. What happens if the claimant (debt agy) and their legal rep do not respond to my CCA & CPR request letters within the timeframe given?*
2. How do I set out my reason for defence if they fail to send me the particulars concerning the debt?*

[MIKE770]

State on date a CCA etc request made and no response received

[Judah12]

Okay, thank you !

[Judah12]

Hi there, I'm writing up my defence using your template as my starting point and have a question about two parts of the defence letter:


12.On the*[Date]*The Defendant sent a formal request for a copy of the original agreement to*[Claimant]*pursuant to section*[77 or 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.

I have no idea which is the correct section 77 or 78?*
*Any advice welcomed. Thank you in advance*

[Judah12]

Could I put "...pursuant to the Consumer Credit Act 1974..."

Or, "...pursuant to sections 77-79 of the Consumer Credit Act 1974 for 12. And "failed to comply with sections 77-78 of of the Consumer Credit Act 1974 and by viture of sections 77-78..."

Would this be ok to edit it this way?

[Judah12]

Hi there,*

I have been reviewing other posts and think I'm okay to put in s78. Here's what I've edited the sections in question from my posts above to:

11.On the*16/12/2019 The Defendant sent a formal request for a copy of the original agreement to*Cabot Financial (UK) Ltd.*pursuant to section*78*of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of*s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

Is this okay???*

[Judah12]

Interesting development....!

So, I just logged on to moneyclaimonline to post a defence however there is a Notification that the claim against me was discontinued was received on xx/xx/xx/xxxx. I also have recvd a letter from the Claimants solicitor saying they have been instructed by their client to close my account.

Question?
do I still need to post the defence? Or is the matter closed as the otherside has discontinued the claim??

[Judah12]

Okay, I have found the answer. I could not see on moneyclaimonline how to continue with my defence but I have just seen this note that reads:
* Available options

The Claimant has notified that the claim has been discontinued. You cannot respond to the claim at this time.

So I guess the matter is closed?!
*

[MIKE770]

Well done

[Judah12]

Thanks MIKE770*