County Court Claim

[Mercades]

Post an update on this thread on the 28th Dec, then I can take a look at the Defence.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage.

Hi There, I have just posted my defence above

[Mercades]

Post an update on this thread on the 28th Dec, then I can take a look at the Defence.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage.

It is hoped that I will have received some documents by then, but I have just realised that I am going home for xmas and if they send the document to my home address after 22nd I will not be home to receive them. I will however be home on 2nd jan. I have a little trepidation about missing the deadlines. At present i have nothing to attach to my defence, what else do you suggest I send?

[echat11]

It is hoped that I will have received some documents by then, but I have just realised that I am going home for xmas and if they send the document to my home address after 22nd I will not be home to receive them. I will however be home on 2nd jan. I have a little trepidation about missing the deadlines. At present i have nothing to attach to my defence, what else do you suggest I send?

You don't need to attach anything to your defence. I look at your defence in the next couple of days, so you can lodge it with the Court before you go.

[echat11]

Well done, it's good to go.

1. The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXX

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim relates to 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 Barclaycard 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 Claimants Particulars of Claim states the agreement was entered into on XXXXXXXXX

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

8. It is denied that Barclaycard 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 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 XXXXXXXX The Defendant sent a request for inspection of documents mentioned, in the claimants’ particulars of claim, pursuant to the Civil Procedure Rule 31.14 to Kearns Solicitors. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Kearns Solicitors has not sent any of these documents to the Defendant.

11. On the XXXXXXXX The Defendant sent a formal request for a copy of the original agreement to L C ASSETSARL pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 and therefore 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 that 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.

[Mercades]

Post an update on this thread on the 28th Dec, then I can take a look at the Defence.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage.

I should send the defence statement now? will the court consider that not enough time has been given to the C to provide the documents?

When you say now you mean today correct? i am a little confused, you post states i should post my defence on 28th then you state I should send it now. Just so i am clear on when i should send the defence.


Did you manage to read the defence i posted? is this ok to send??

[echat11]

I should send the defence statement now? will the court consider that not enough time has been given to the C to provide the documents?

When you say now you mean today correct? i am a little confused, you post states i should post my defence on 28th then you state I should send it now. Just so i am clear on when i should send the defence.


Did you manage to read the defence i posted? is this ok to send??

It's fairly clear, you don't seem to be clear.

You acknowledged service, that gives you 14 + 14 days, so 28 days.

You stated that you wanted to file it on the 28th December.

I stated you should post on the thread, a couple of days before the 28th December, so I can look at the Defence.

You said 'you won't have access to your post as you are going away on the 22nd',

I said, 'I'll take a look in the next couple of days', which I've done.

[Mercades]

Post an update on this thread on the 28th Dec, then I can take a look at the Defence.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage.

My apologies, let me clearer....

I were perplex as a result of your last post in which you stated that I should post my defence on 28th for you to peruse, the same post stated "which ever way you decide to file it, but do it now" This is where I requested clarity, are you saying I should send the defence now is that what 'but do it now' means?

I have already posted the defence for your perusal so again when you said post it on 28th for you to 'take a look' I sought clarity from you.

As I will be aware it is the xmas break and I will be aware from home, my concerns were that I may not be home if and when the documents arrive and would this prevent me from filing my defence? As the C has 7 days in which to send the documents it unlikely that I will receive them regardless of when I file the defence.

I hope that I am being clearer?

many thanks for your help, its appreciated

[echat11]

My apologies, let me clearer....

I were perplex as a result of your last post in which you stated that I should post my defence on 28th for you to peruse, the same post stated "which ever way you decide to file it, but do it now" This is where I requested clarity, are you saying I should send the defence now is that what 'but do it now' means?

I have already posted the defence for your perusal so again when you said post it on 28th for you to 'take a look' I sought clarity from you.

As I will be aware it is the xmas break and I will be aware from home, my concerns were that I may not be home if and when the documents arrive and would this prevent me from filing my defence? As the C has 7 days in which to send the documents it unlikely that I will receive them regardless of when I file the defence.

I hope that I am being clearer?

many thanks for your help, its appreciated

The important thing is to lodge your defence with the Court, before the 28th December. I doubt the Court will deal with them until mid January.

Whatever documents are going to be sent to you, more then likely will be delayed in the post because of Christmas.

[Mercades]

The important thing is to lodge your defence with the Court, before the 28th December. I doubt the Court will deal with them until mid January.

Whatever documents are going to be sent to you, more then likely will be delayed in the post because of Christmas.

Many Thanks- Did you manage to peruse my defence and is this ok in your opinion?

[echat11]

Many Thanks- Did you manage to peruse my defence and is this ok in your opinion?

Post 19.

[Mercades]

Post 19.

Great, Thank you so much.

[Mercades]

You mentioned, in an earlier post, that I should send a copy of the defence statement to the C solicitor. I can find the post but i do remember seeing it. I should send this via a letter and get proof of postage correct? I was under the impression the court would provide them with a copy, can you confirm why i am also sending a copy? I used the MCOL platform to file the defence.

[echat11]

You mentioned, in an earlier post, that I should send a copy of the defence statement to the C solicitor. I can find the post but i do remember seeing it. I should send this via a letter and get proof of postage correct? I was under the impression the court would provide them with a copy, can you confirm why i am also sending a copy? I used the MCOL platform to file the defence.

You don't have to, but I think it's always a good idea, e.g. the Court makes an error in not sending it.

[Mercades]

You don't have to, but I think it's always a good idea, e.g. the Court makes an error in not sending it.

Got it, yes you're right. Will send to C

[Mercades]

Hello, I received a letter from the defence acknowledging my request for documents. I cannot see anywhere online that they have responded to my defence and or have provided any of the requested documents. Can I request the court side aside the judgment? If not what can I do. The claim was raised on 31.11.23. I sent the acknowledgement of service on 5.12.23, the defence was submitted on 20/12/2023. The request for documents on 15.12.23. I have had no letters from the Court, can you please advise where I go from here. As usual, much appreciated