Received a Claim Form

[echat11]

Or is it the Solicitor (Drydens) who are dealing with all this?

You can send it to Drydens, who will send it to Arrow Global who will send it to Santander. The whole point is to get information that might help you with your case.

[LMD01]

Your Defence needs to be lodged with the Court by the 6th April (send their solicitors a copy, make sure you get Proof of Postage), it can be done online, it will reflect the non compliance by the creditor to your requests for information i.e. CPR 31.14, CCA Request etc.

If you have questions ask.

I had only done the request for credit agreement, and the only acknowledgment was my cheque being returned as not needed.
How do I put this in a letter as my Defence as I need to do this asap, as I'm struggling with all this now as its all so overwhelming.
I do not understand The Defence Letter example I'm afraid.

[MIKE770]

on such a date a request for CCA1974 made , to date request outstanding..
same any other request?

[echat11]

'I had only done the request for credit agreement, and the only acknowledgment was my cheque being returned as not needed.
How do I put this in a letter as my Defence as I need to do this asap, as I'm struggling with all this now as its all so overwhelming.
I do not understand The Defence Letter example I'm afraid.'

Go through the Defence point by point. Each point gives an option, select the option that applies to the current situation in each point. It just looks 'overwhelming'. Copy and paste you Defence then we can go through it.

[LMD01]

'I had only done the request for credit agreement, and the only acknowledgment was my cheque being returned as not needed.
How do I put this in a letter as my Defence as I need to do this asap, as I'm struggling with all this now as its all so overwhelming.
I do not understand The Defence Letter example I'm afraid.'

Go through the Defence point by point. Each point gives an option, select the option that applies to the current situation in each point. It just looks 'overwhelming'. Copy and paste you Defence then we can go through it.

I've just been going through it and don't understand it.

Can I just put a letter together stating that:

I have been told I have defaulted on my payments which I have not.
I have requested a copy of the credit agreement on 15/3/22 but have not yet received a reply.


NB
I DID NOT default, although looking at bank statements, my standing order went out of my account and then they returned it back to me a few times, but have since still been taking it (nothing changed). They made this look like I defaulted but I did not default.

[LMD01]

Here goes, not sure if all this applies.

1.The Defendant received the claim 0000000from the --------County Court on 0/0/00




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 Santander 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




7.It is denied that Santander 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.




8. On the 0/0/00 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Santander. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.



9. Drydensfairfax has not sent any of these documents to the Defendant.



10. On the 0/0/00 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Ltd pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.



11.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.







12.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.




13.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.




Statement of Truth

I believe Arrow Global believes that the facts stated in this Claim Form are true. I understand Arrow Global Ltd 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.

[echat11]

Have a read, fill in the XXXXXXXX, if it's fine it's ready to send.


In the Northampton County Court Business Centre

Claim No: XXXXXXXXXX

XXXXXXXXXXXXX

Claimant

And

XXXXXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXXX from Northampton 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 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 Santander 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.

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

8.It is denied that XXXXXXXXX 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 XXXXXXXX The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to XXXXXXXXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.The Claimant’s Solicitor has not sent any of these documents to the Defendant.

11.On the XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXXXX 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.

13.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.

Statement of Truth

I believe the facts stated in this Defence document being verified 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 ________________________________

[LMD01]

THESE BELOW WERE ALL ON THE ORIGINAL SAMPLE DEFENCE LETTER TEMPLATE

I HAVE NOT INCLUDED THE ONES BELOW FOR THE REASONS I HAVE PUT IN RED BENEATH EACH NUMBER.

COULD ANYONE LET ME KNOW IF THIS IS CORRECT AND IF NOT WHICH ONES NEED TO BE ADDED BACK IN







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]

I HAVE BEEN MAKING MONTHLY PAYMENTS (SO NOT INCLUDED THIS)




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.

NO DATES WERE STATED (SO HAVE NOT INCLUDED THIS)

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.]

I HAVEN'T (SO HAVE NOT INCLUDED THIS)

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.
UNSURE WHAT THIS MEANT EXACTLY (SO OMITTED IT)




18.It is denied that the Claimant is entitled to the relief as claimed or at all.
UNSURE WHAT THIS MEANS (SO NOT INCLUDED THIS)

[LMD01]

Can anyone help with the message above as I really need to get this sent off
Thanks

[LMD01]

'I had only done the request for credit agreement, and the only acknowledgment was my cheque being returned as not needed.
How do I put this in a letter as my Defence as I need to do this asap, as I'm struggling with all this now as its all so overwhelming.
I do not understand The Defence Letter example I'm afraid.'

Go through the Defence point by point. Each point gives an option, select the option that applies to the current situation in each point. It just looks 'overwhelming'. Copy and paste you Defence then we can go through it.

any chance you could look at my latest posts as I need to get this letter sent off, if not I will have to send as it is and cross my fingers
Thanks

[echat11]

I've gone through your posts / information, I believe you should be filling in the missing bits i.e. XXXXXXXX.
Then reading and sending that off. The points you raise in post 23 are covered in post 22.

[LMD01]

Ok Thank you
However, could you just check point 7, I have been making payments for years and I did know the debt was bought out by Arrow from Santander as I then changed my payments to Arrow (so am I right thinking I should leave this point out).?

[echat11]

Ok Thank you
However, could you just check point 7, I have been making payments for years and I did know the debt was bought out by Arrow from Santander as I then changed my payments to Arrow (so am I right thinking I should leave this point out).?

Definitely leave out, not statute barred.

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]

I HAVE BEEN MAKING MONTHLY PAYMENTS (SO NOT INCLUDED THIS)

[LMD01]

Definitely leave out, not statute barred.

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]

I HAVE BEEN MAKING MONTHLY PAYMENTS (SO NOT INCLUDED THIS)

Sorry for being a pain but I meant YOUR no 7 which states:

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

This is NOT stated in the particulars of the Claim (because I have been paying Arrow Global since they took over the debt) so I obviously DID get this notice of assignment when it happened.
I feel this needs to be omitted (unless I'm not understanding it)

[echat11]

Sorry for being a pain but I meant YOUR no 7 which states:

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

This is NOT stated in the particulars of the Claim (because I have been paying Arrow Global since they took over the debt) so I obviously DID get this notice of assignment when it happened.
I feel this needs to be omitted (unless I'm not understanding it)

Because you have been paying them, doesn't mean you received the 'Notice of Assignment' itself that has prompted payment, you may have received follow up letters from them which prompted payment.

If you are saying you 'physically' received the 'Notice of Assignment' and made payment arrangements, then it needs to be 'omitted'.