Drydens Fairfax Claim form through the post from Northampton CC.

[Leonie1]

Hello All,

I new to the legal world and was looking for some help regarding an old credit card debt that Drydens Fairfax has issued a claim for via the Northampton County Court. The details of how I ended up here are long and you have probably heard it all before but it involves long term unemployment (4 years), I then suffered from mental health issues relating the unemployment was just starting to get things going again then CV19 hit and back on the junk pile (as of March last year) where I still remain.

Can someone help me out with what to do etc? I have had a search on here and found this:

https://legalbeagles.info/library/gu...y-court-claim/

And have completed step 1 with the form going off in the post tomorrow (Friday) register post.

Any help from anyone on here would be most gratefully received as I am freaking out about making a wrong move or filling in something incorrectly.

Thanks in advance.

L1

[Leonie1]

Hello All, Apologies, but i didn't post all of the required info in my first post:

Received a claim? Yes
Issue Date: 04-June-21
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £150000
Claimant’s Name: ARROW GLOBAL LIMITED
Solicitors Firm: DRYDENS LIMITED
Original Creditor: VIRGIN MONEY PLC
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim:

1. The claim is for the sum of ~£15000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Virgin Money PLC under account number XXXXXXXXXXXX upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. The balance owed was assigned from Virgin Money PLC to the claimant, and the defendant has been notified of the assignment by letter.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): It is not state barred.
List any letters you have sent (eg: CCA/ CPR ):

I have sent:

1. Acknoledment of claim

2. Request to the claimant for a copy of the credit agreement.

3. CPR 31.14 to the solicitors including a copy of the CCA request.


Any Other Information or Background Details:

I did have the debt under a token payment plan when I first went through financial difficulties a few years ago, since then those difficulties have gotten worse and as such, I buried my head in the sand and ...well, here I am!


If anyone can assist me with what I am doing, I don't have a legal "head" so to speak so I am very worried about inadvertently doing the wrong thing. But any help or pointers on what to do will be gratefully received.

L

[MIKE770]

?????Total Amount Claimed : £150000 ???? amended £15000 Yes??

[Leonie1]

Apologies Mike, a typo on my part, Total amount claimed is £15000.

[MIKE770]

Over £10000 then. Celestine

[Celestine]

What year did you open the Virgin Money account? Very important to know this to assess how likely CCA will be found.

[Leonie1]

What year did you open the Virgin Money account? Very important to know this to assess how likely CCA will be found.

Hello Celestine,

Thanks for getting in touch. The date that the Virgin account was opened was 02-July-2011.

As I mentioned above, I have sent off requests but as of today 29-June, I have received no response from either party to my request for information. Do you think I will hear back? I am just thinking that I will soon have to send off my defence and wondering how to go about it.

Many Thanks

L

[MIKE770]

well as the run usually goes:- they delay (due to not having the documents), = so in your defence you state:- on such a date a copy of xxxxxx etc was requesred under rule xxx to date nothing received = use for each item outstanding, many do not respond at this stage but can at a later stage be forced to , but send in on MCOL defence a day or 2 before deadline they cannot trash your defence before due. i.e. send documents last minute/ sure Celestine will advise also!

[Leonie1]

OK thanks Mike.

[Celestine]

I wouldn’t worry too much about delaying the defence, I cannot recall many CCAs being provided within 3 weeks. A 2011 one could be delayed, maybe lost, but anything post 2007 can be a reconstituted agreement.

[Leonie1]

Thanks Celestine, I will get on with drafting my defence. Quick question, what do you mean when you refer to a "reconstituted agreement"? does that mean they don't have to supply one ??

[Leonie1]

Hello All,
Would someone be able to take a look at my first draft of the defence I am trying to write?

I am not too sure what some of the points (especially the last few) really mean and I am getting myself tied up in knots trying to understand them.
If someone can have a read through and point out any mistakes or omissions that would really help me.

Also, if you could take a look at some of the questions, I am not too sure of the jargon and am super paranoid about saying or writing the wrong thing here.

If anyone can help then I would be eternally grateful!!!!

Lx


DRAFT DEFENCE

1.The Defendant received the claim, Claim Number; xxxxxx from the Northampton County Court Business Centre County Court on 09 JUNE 2021.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

Q: Is it correct that I admit that I previously entered into the credit agreement? ?

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 fail to state when the agreement was entered into.

7.[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]

Q: I will remove section 7 as it's not statute-barred.

8.The Claimants statement of the case states that the account was assigned from VIRGIN MONEY PLC to ARROW GLOBAL on 03 FEBRUARY 2017. The Defendant does not recall receiving notice of this assignment.

9.It is denied that VIRGIN MONEY PLC 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.

Q: I do not recall receiving a default notice, am I correct to leave this section in?

10.On the 22 June 2021 The Defendant 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: DRYDENS LIMITED. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Claimant’s Solicitor: DRYDENS LIMITED has not sent any of these documents to the Defendant.

12.On the 22 JUNE 2021 The Defendant sent a formal request for a copy of the original agreement to Claimant: ARROW GLOBAL LIMITED 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.

Q: Do I leave section 13 in?

14. The Defendant has 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.]

Q: I haven’t asked for a time extension (should I?) if not do I take this section out?

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.

Q: Does this stay in? what does it mean??

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.

Q: Does this stay in? what does it mean??

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.

Q: Does this stay in? I don’t really know what it means?

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

Q: Does this stay in? what does it mean??

[Leonie1]

Hello All,

Could someone help me with composing my defence? I have to submit it tomorrow (Tuesday 05 July) but there are some terms that I don't understand, is there anyone on here who could help me?

Lx

[Celestine]

Based on what you've told us, this is what should stay in the defence. Sorry posting in haste so unable to fully explain all the legalese terms!
DRAFT DEFENCE

1.The Defendant received the claim, Claim Number; xxxxxx from the Northampton County Court Business Centre County Court on 09 JUNE 2021.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Virgin Money PLC 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 fail to state when the agreement was entered into.


8.The Claimants statement of the case states that the account was assigned from VIRGIN MONEY PLC to ARROW GLOBAL on 03 FEBRUARY 2017. The Defendant does not recall receiving notice of this assignment.

9.It is denied that VIRGIN MONEY PLC 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.



10.On the 22 June 2021 The Defendant 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: DRYDENS LIMITED. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Claimant’s Solicitor: DRYDENS LIMITED has not sent any of these documents to the Defendant.

12.On the 22 JUNE 2021 The Defendant sent a formal request for a copy of the original agreement to Claimant: ARROW GLOBAL LIMITED 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.


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.

[Celestine]

Please make sure you correct the numbering! X