Any advice kindly appreciated

[jaguarsuk]

You haven’t mentioned whether they provided the credit agreement for Shop Direct?

Why were you asking for a ‘Novation Agreement?’ In post #3 you were advised three things to ask for and that wasn’t one of them, so did you ask for this in addition to those 3?

There’s no point playing letter tennis, they can see your response to that when you file your defence. Draft one using theExample Defence
as a basis and once you have post it here for critique.

You will say that they have failed to produce a credit agreement therefore pursuant to s.87 of the Consumer Credit Act any alleged debt is unenforceable. They have failed to produce a contract to show you entered into agreement with Eon as alleged.

If they are able to demonstrate a contract was formed in some other way somehow, which is denied, that for a court to rule on the terms of any alleged contract it should be produced with its complete terms at the time it was entered into as to allow the court to rule on the terms including of cancellation, any alleged breaches and any penalties or monies owing.

[bexinneed80]

Thank you for your reply

I never received the shop direct credit agreement. I also did not request a Novation Agreement. The following is what was sent.


Request for documents mentioned in a statement of case under CPR 31.14
*
On*24/02/2020 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. The agreement with Shop Direct Financial Services with reference XXXXXXXX.
2. The agreement with E.on Energy Solutions Limited with reference XXXXXXXXXXX.
3. The notices of the above being assigned to the Claimant.

*
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely
*

[jaguarsuk]

Okay, so they are just trying to do the old we're right and your wrong pay up rubbish because they don't have any documentation to support their claim.

Good, post a defence for critique when you have drafted one and we'll go from there.

[bexinneed80]

Thank you

[bexinneed80]

Ok,
So, currently now out of work, like so many of us and the whole current situation has totally distracted me with this thread and my letter.
Logging back in trying to get back on track and I see from previous comment that I have missed the date. Currently going around in circles not knowing if this actually took place or how I can find out where I stand now?

[jaguarsuk]

Log in to the money claim system and see the state of the claim, if you can file a defence you need to draft one, post it here for critique and then as soon as it’s been critiqued file it.*

I think you might be lucky that everyone is distracted and they probably haven’t applied for a default judgement.*

[bexinneed80]

Thank you. I was kind of hoping the same. Will get on it.

[bexinneed80]

Like many people on here this is all new to me. I have made the following with the aid of the provided template.

1.The Defendant received the claim[Claim Number] from Northampton 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 is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Shop Direct Financial Services for provision of credit.

5. The Claimant's statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

6. The Claimant's Particulars of Claim fail to state when the agreement was entered into.

7. On the 29^th February 2020 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the agreement.

8. Lowell Solicitors have not sent any of these documents to the Defendant.

9. On the 29^th February the Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77 ? or 78 ?] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10.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. ((*? unsure what to enter here))

11. 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.

12.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.

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

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

15.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.


I have requested via a SAR information of our account to E on and they have requested more time. This information i believe is important and could possibly assist in this case. How can this be fitted into the statement?
Once again any assistance is really appreciated. Thank you.

[bexinneed80]

Can anyone please help with this?

[bexinneed80]

Bump

[Celestine]

Hi - you have not made reference to the Eon account in your defence?
Use s.78(1) throughout document.

[bexinneed80]

Thank you. I will look at this.

[Celestine]

Have you submitted your defence?