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Hi all.
I am now in the process of preparing my defence but I have come unstuck, as
Paragraph 8 outlined below in the defence template refers to s78 (1) Consumer Credit Act 1974. As you will see, neither of the letters I sent refers to s78 (1) Consumer Credit Act 1974. Have I sent the wrong letter? Shoud I replace with something else: I have also copied the two letters I sent in the hope this might help. Also, could I ask you whether I should start a new thread with a different heading? I am just so unsure as to where I should be posting.
8. In respect of matters, which the Defendant is able to plead to, on the 7 March 2016J the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.
I am trying very hard and would appreciate any help you are able to offer
Thank you
_______________-
1st Letter
Hoist Portfolio Holding 2 Ltd
R/O First Floor
Le Masurier House
St Helier, Jersey
JE2 4YE
Dear Sir/Madam
Re:− Account Number xxxxxxxxxxx
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Yours faithfully,
_______________-
2nd Letter
Howard Cohen and Co
Suite 18, Joseph’s Well
Hanover Walk, Leeds, W.Yorks
LS3 1AB
Dear Sirs,
Claim Number: XXXXXX
Request for documents mentioned in a statement of case under CPR 31.14
On 03/03/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on or before 19/03 2016.
1. Agreement with the account number xxxxxxxxxx
2. Default Notice
3. Assignment by MKDP LLP
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 07/03/2016.
I look forward to hearing from you.
Yours sincerely
I am now in the process of preparing my defence but I have come unstuck, as
Paragraph 8 outlined below in the defence template refers to s78 (1) Consumer Credit Act 1974. As you will see, neither of the letters I sent refers to s78 (1) Consumer Credit Act 1974. Have I sent the wrong letter? Shoud I replace with something else: I have also copied the two letters I sent in the hope this might help. Also, could I ask you whether I should start a new thread with a different heading? I am just so unsure as to where I should be posting.
8. In respect of matters, which the Defendant is able to plead to, on the 7 March 2016J the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.
I am trying very hard and would appreciate any help you are able to offer
Thank you
_______________-
1st Letter
Hoist Portfolio Holding 2 Ltd
R/O First Floor
Le Masurier House
St Helier, Jersey
JE2 4YE
Dear Sir/Madam
Re:− Account Number xxxxxxxxxxx
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Yours faithfully,
_______________-
2nd Letter
Howard Cohen and Co
Suite 18, Joseph’s Well
Hanover Walk, Leeds, W.Yorks
LS3 1AB
Dear Sirs,
Claim Number: XXXXXX
Request for documents mentioned in a statement of case under CPR 31.14
On 03/03/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on or before 19/03 2016.
1. Agreement with the account number xxxxxxxxxx
2. Default Notice
3. Assignment by MKDP LLP
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 07/03/2016.
I look forward to hearing from you.
Yours sincerely
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