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Originally posted by Star45
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https://legalbeagles.info/library/gu...-court-claims/
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Have a go, copy and paste back to this thread without personal information, we can take a look.
https://legalbeagles.info/library/gu...-court-claims/
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Will this defence work for an overdraft claim?Comment
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You need to remove bit's which state CCA 1974. It should be fine.Originally posted by Star45 View PostComment
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n the Northampton County Court Business Centre
Claim No:
Lc Asset 2 s.a.r.l
Claimant
And
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the Northampton County Court Business Centre on 14th may 2024
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for an overdraft
4.It is admitted that the Defendant previously entered into an agreement with Halifax 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 states the agreement was entered into on or around 10/08/1995
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]
8.The Claimants statement of case states that the account was assigned from Halifax to Intrum finance Uk with no date of transfer being given. The Defendant does not recall receiving any notice of this assignment.
9.It is denied that Halifax served any Default notice on the Defendant .The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10.On the 20th may The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns solicitors . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Kearns solicitors has not sent any of these documents to the defendant.
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 his 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 his 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
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) 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.
Signed ________
Dated ________
Is this ok? My main defence is that it’s definitely statute barred as I’ve not paid anything to it since at least 2009 or before.Comment
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Read it several times, make amendments, you can lodge it with the Court via MCOL. You could send a copy to their solicitors, make sure you get Proof of Postage.
In the Northampton County Court Business Centre
Claim No: XXXXXXXXXX
Lc Asset 2 s.a.r.l
XXXXXXXX
Claimant
And
XXXXXXXX
Defendant
DEFENCE
1.The Defendant received the claim XXXXXXX from the Northampton County Court Business Centre on 14th may 2024
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a bank overdraft.
4.It is admitted that the Defendant previously entered into an agreement with Halifax 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 states the agreement was entered into on or around 10/08/1995
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.
8.The Claimants statement of case states that the account was assigned from Intrum Uk finance to LC asset 2 s.a.r.l on 5/01/2023. The Defendant does not recall receiving any notice of this assignment.
9.It is denied that Halifax served any Default notice on the Defendant .The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10.On the 20th May 2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns solicitors . I requested the Claimant provide copies of the Terms and Conditions, Default Notice and Notice of Assignment.
11.Kearns solicitors has not sent any of these documents to the defendant.
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 his 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 his 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
I believe 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.
Signed ________
Dated ________
Comment
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Do I need to amend all the things highlighted red? I purposefully left off my name and the claim number . Thankyou so much by the way for your help.Comment
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Sorry, the 'red' bits are the amendments I've made, if you agree with them after reading them, then you are ready to lodge it with the Court. No. 8 needs to be checked.Originally posted by Star45 View PostComment
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Thankyou so much. I’ve submitted my defence and will update when I know more.Comment
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Since putting in my defence I have only had a letter from the court to say my defence has been received and nothing from the claimant. Today I received this letter, do I need to do anything please?Comment
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No, see what else they send.You should receive a Directions Questionnaire.Originally posted by Star45 View PostComment
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Is that still likely to happen? My defence was put in on the 6rh June and the court letter said they had 30 days to go forward with it and that’s been and gone.Comment
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Wouldnt the defence be self defeating? Overdrafts are regulated by the 1974 Act, it is only Part V that is exempted, and that is the form and content requirements, so this is a running account credit agreement, the 1974 act applies, the default notice would be a statutory requirement per s87 CCA 74, and Doyle v PRA Group, therefore, if there was no default notice then the limitation clock wouldnt have expired thus the debt is not statute barred.
Thats my initial thoughts based on what ive read above.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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I’ve not heard anything more about this or from anybody until today when I received this letter from Kearns solicitors. Am I ok just to ignore it?Comment
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They clearly aren't confident in their case.
When did you last make a payment was it in the last 6 years?
Has the debt been acknowledged in writing in the last 6 years?
Do you still want to settle the debt with an offer?
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