County court claim- 3rd time posting/ unsure if Im doing it correctly 🫣

[echat11]

Great, thank you! So tomorrow will be 5 days before defence is due.

Have a go, then copy / paste it on this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

[Kanga86]

Thank you so much echat11 . With section 14

“

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.]

It is written in non bold text. Do I include this?

[echat11]

Thank you so much echat11 . With section 14

“

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.]

It is written in non bold text. Do I include this?

No don't include that.

[Kanga86]

I am so sorry to keep asking questions. I do not know what this original agreement is for as it doesn't state on the court claim form. The only information I have in the particulars of the claim is that: (quote)

"the claimant claims the whole of the outstanding balance due and payable under an agreement referenced (reference number provided) opened on or around the 17/05/2012. The agreement is regulated by the CCA 1974, was signed by the defendant and from which credit was extended to D. D failed to comply with a default notice served pursuant to s87 (1) CCA and by 31/07/2014 a default was recorded. The benefit of the debt wsa originally assigned to Intrum UK finance limited then legally assigned to C (lc asset 2 s.a.r.l) effective 05/01/2023 and made regular upon C serving a notice of assignment upon D shortly thereafter"

It then goes on to state the balance and interest being claimed.

So what shall I put for the 'the claim appears to be for' and do I admit or deny? I genuinely have no clue what this could possibly be but I dont want to deny something that may have happened. As well as this original debt being over 12 years old, I have lived in a different country, had children (back in the UK) and faced numerous health issues since then so I genuinely have no idea.

Many thanks

[Kanga86]

Have a go, then copy / paste it on this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

echat11 I have posted just above with a direct quote from the particulars of claim but I have had a go at ammending the defence accordingly...



In the Civil National Business Centre
Claim No: XXXXX
LC ASSET 2 S.A.R.L
Claimant
And
XXXXXX
Defendant
DEFENCE
The Defendant received the claim XXXXX from The Civil National Business Centre County Court on 27^th June 2024.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim is for an agreement regulated under the Consumer Credit Act 1974 however The Claimants statement of case fails to give adequate information to enable me to assess my position concerning the claim properly.
The Claimant’s Particulars of Claim fail to state exactly when the agreement was entered in to (‘Opened on or around 17/05/2012’) and fails to state what the original agreement was or who the original creditor was.
The Claimants statement of case states that the account was assigned from Intrum UK Finance Limited to LC ASSET 2 S.A.R.L on 05/01/2023. The Defendant does not recall receiving notice of this assignment.
It is also denied that Intrum UK Finance Limited or LC ASSET 2 S.A.R.L served any Default notice on the Defendant according 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 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.
On 05/07/24 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 original agreement, Default Notice, and Notice of Assignment.
Kearns Solicitors has not sent any of these documents to the Defendant.
On 05/07/2024 The Defendant sent a formal request for a copy of the original agreement to LC ASSET 2 S.A.R.L pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s78 of the Consumer Credit Act 1974 and by virtue of s78 of the Consumer Credit Act 1974, cannot enforce the agreement.
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.
The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation for The Defendant to fully plead the case else the Claim should stand struck out.
If the relevant documents are received from the Claimant, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
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.
Signed ________
Dated ________

[echat11]

I am so sorry to keep asking questions. I do not know what this original agreement is for as it doesn't state on the court claim form. The only information I have in the particulars of the claim is that: (quote)

"the claimant claims the whole of the outstanding balance due and payable under an agreement referenced (reference number provided) opened on or around the 17/05/2012. The agreement is regulated by the CCA 1974, was signed by the defendant and from which credit was extended to D. D failed to comply with a default notice served pursuant to s87 (1) CCA and by 31/07/2014 a default was recorded. The benefit of the debt wsa originally assigned to Intrum UK finance limited then legally assigned to C (lc asset 2 s.a.r.l) effective 05/01/2023 and made regular upon C serving a notice of assignment upon D shortly thereafter"

It then goes on to state the balance and interest being claimed.

So what shall I put for the 'the claim appears to be for' and do I admit or deny? I genuinely have no clue what this could possibly be but I dont want to deny something that may have happened. As well as this original debt being over 12 years old, I have lived in a different country, had children (back in the UK) and faced numerous health issues since then so I genuinely have no idea.

Many thanks

The answer is in your post, 'I genuinely have no clue what this could possibly be', so deny.

[Kanga86]

Thank you echat11

Here is the updated, amended defence with a deny. What do you think?

In the Civil National Business Centre
Claim No: XXXXX
LC ASSET 2 S.A.R.L
Claimant
And
XXXXXX
Defendant
DEFENCE
The Defendant received the claim XXXXX from The Civil National Business Centre County Court on 27^th June 2024.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim is for an agreement regulated under the Consumer Credit Act 1974 however The Claimants statement of case fails to give adequate information to enable me to assess my position concerning the claim properly.
It is denied that Defendant has previously entered into an agreement/agreement with LC ASSET 2 S.A.R.L or Intrum UK Finance Limited for provision of credit.
The Claimant’s Particulars of Claim fail to state exactly when the agreement was entered in to (‘Opened on or around 17/05/2012’) and fails to state what the original agreement was or who the original creditor was.
The Claimants statement of case states that the account was assigned from Intrum UK Finance Limited to LC ASSET 2 S.A.R.L on 05/01/2023. The Defendant does not recall receiving notice of this assignment.
It is also denied that Intrum UK Finance Limited or LC ASSET 2 S.A.R.L served any Default notice on the Defendant according 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 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.
On 05/07/24 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 original agreement, Default Notice, and Notice of Assignment.
Kearns Solicitors has not sent any of these documents to the Defendant.
On 05/07/2024 The Defendant sent a formal request for a copy of the original agreement to LC ASSET 2 S.A.R.L pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s78 of the Consumer Credit Act 1974 and by virtue of s78 of the Consumer Credit Act 1974, cannot enforce the agreement.
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.
The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation for The Defendant to fully plead the case else the Claim should stand struck out.
If the relevant documents are received from the Claimant, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
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.
Signed ________
Dated ________

[echat11]

Fill in the red bits. Hopefully they will provide more information via the requests that you have made.

Have a read through a couple of times, if you are happy with it, it's ready to be lodged with the Court via MCOL.


In the Northampton County Court Business Centre

Claim No: XXXXX

Claimants Name

Claimant

And

Defendants Name

Defendant

DEFENCE

1.The Defendant received the claim Claim Number from the Name of Court County Court on 26th June 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 agreement regulated under the Consumer Credit Act 1974, the Claimant has not specified the category of debt.

4.It is denied that the Defendant has previously entered into an agreement with the Claimant 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 17th May 2012.

7.The Claimants statement of case states that the account was assigned from the Original Creditor to Intrum UK Finance Limited but no date is given. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Original Creditor 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 05/07/24 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.

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

11.On the 05/07/2024 The Defendant sent a formal request for a copy of the original agreement to LC ASSET 2 S.A.R.L pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 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 ________

[Kanga86]

Thank you so very much echat11 . Can this be logged at any point or do I wait until the 28th day? And is it the “respond to a claim made against you” section of MCOL?

[echat11]

Thank you so very much echat11 . Can this be logged at any point or do I wait until the 28th day? And is it the “respond to a claim made against you” section of MCOL?

Yes, lodge it via MCOL, once you're happy with you're Defence.

Yes, that's the correct section.

[Kanga86]

Yes, lodge it via MCOL, once you're happy with you're Defence.

Yes, that's the correct section.

I cannot express how grateful I am to you for your help with this. I have submitted and will update on here when I have one. Thank you so much again.