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EXAMPLE Defence for Consumer Credit Court Claims

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  • EXAMPLE Defence for Consumer Credit Court Claims

    BASIC EXAMPLE DEFENCE for a claim UNDER £10,000 for a LOAN or a CREDIT CARD or a CATALOGUE ACCOUNT where you have sent a formal CCA request and a CPR 31.14 request to which you have had no documents in response.

    EVERY CASE IS DIFFERENT SO THIS IS REALLY A VERY BASIC STARTING POINT.
    IF YOU ARE UNSURE OF ANYTHING - PLEASE POST ON YOUR THREAD.


    IMPORTANT

    • A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
    • A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.

    • IF YOU WANT TO DEFEND ON A STATUTE BARRED BASIS YOU NEED TO ADD IT TO YOUR DEFENCE - something like "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"

      -----------------------------------------------------------------------------------------------



    EXAMPLE DEFENCE


    -----------------------------------------------------------------------------------------------

    1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

    3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

    4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.


    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    [5. The particulars of claim fail to state when the agreement was entered into.]

    6. 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.

    7. 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.

    8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

    9. [Claimant's Solicitor] has not sent any of these documents to me.

    10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] 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: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my 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.]

    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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my 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

    The Defendant believes that the facts stated in this Defence are true.



    Signed …………………………………………

    Dated .................................................. ....


    -----------------------------------------------------------------------------------------------


    Another example. As always needs amending to suit your circumstances it is simply as an idea how a defence should look.
    Preliminary Matters

    1. The Claimants claim form fails to adequately set out the nature of the Claim.

    2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

    3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


    The Claim

    4. The Claimant states the claim relates to a credit card account with MBNA but without further details the Defendant is unable to identify such an account within his own records.

    5. The particulars of claim fail to state when the agreement was entered into or what the agreement was for. The Defendant believes it would have been finance as MBNA issue credit cards and is unaware of any goods or non financial services supplied by MBNA to its customers.

    6. The particulars of claim state that the account was assigned/purchased by Lowell Portfolio Ltd on **** 2005 and notice served pursuant to the Law of Property Act 1925. The Defendant does not recall receiving notice of this assignment.

    7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

    8. In respect of matters, which the Defendant is able to plead to, on the 1 July, 13th July and 20th July 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.

    9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant. 1

    10. Accordingly 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.

    11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

    12. The Defendant has also sent a request for inspection of documents on the 13th July to Lowell Portfolio mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.

    13. The Defendant has refused the claimant an extension of time for filing a defence and suggests that the Claimant use her own records. The Claimant has not kept any financial records from 2005.

    14. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

    Default Notice

    15. It is denied that the original creditor MBNA, 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.

    16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

    17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

    Notice of sums in arrears.

    19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

    Conclusion

    Accordingly, the Defendant avers that

    20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

    21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

    22. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

    23. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

    Statement of Truth
    The Defendant believes that the facts stated in this Defence are true

    Signed
    Dated

    EXAMPLE OF HOW THE DEFENCE SHOULD BE LAID OUT
    Attached Files
    Last edited by Amethyst; 17th May 2017, 10:31:AM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
    Tags: None
  • This topic by Footballgirl has been deleted by Amethyst

    #1
    Re: EXAMPLE Defence for Consumer Credit Court Claims
    INTHE NORTHAMPTON COUNTY COURT (CCBC)
    CLAIMNO: **********
    BETWEEN
    MARLINCAPITAL EUROPE LTD CLAIMIANT
    AND
    ********************* DEFENDANT
    DEFENCE
    1.Ireceived the claim ******** fromtheNorthampton County Court on 25 September2014

    2. This claim appears to befora Credit Cardagreement regulatedunder the Consumer Credit Act 1974.

    3. [It isadmitted/denied] that the Defendant has previouslyenteredinto an agreement with Egg/Marlin Europe Ltdforprovision of credit. ??????

    4.However, theClaimants statement of case fails to give adequate information toenable me to properly assess my position with regards the claim.

    5.The Claimants statement of case states that the account was assignedfrom Egg Banking PLC to MarlinEuropeLtd on *********. The Defendant does not recall receivingnotice of this assignment.

    6. It is denied that EggBanking PLC served any Default notice on the Defendant pursuantto s87 Consumer Credit Act 1974. The Claimant is required to provethat a compliant Default Notice was served upon the Defendant.

    7.On the ********** 2014 I sent a request for inspection ofdocuments mentioned in the claimants statement of case under CivilProcedure Rule 31.14 to Mortimer Clarke Solicitors. I requestedthe Claimant provide copies of the [Agreement, Default Noticeand Notice of Assignment] .

    8
    . MortimerClarke Solicitors has not sent any of these documents to me.

    9
    .On the ********2014 I sent a formal request for a copy ofthe original agreement to [Claimant] pursuant tosection 78 of the Consumer Credit Act 1974 along with thestatutory £1 fee.

    10.
    The Claimant has failed tocomply with ( s 78 (1) Consumer Credit Act 1974 and byvirtue of ( s 78 (6)) Consumer Credit Act 1974 cannotenforce the agreement.

    11. I have asked the Claimant ifwe may agree to extend the time period allowed for filing of mydefence pending receipt of documents (as allowed under CPR 15.5),which they agreed to but have not provided any of the requesteddocuments. ????????

    12. Under Civil ProcedureRule 16.5 (4) Where the claim includes a money claim, a defendantshall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation.Therefore It is expected that the Claimant be required to prove theallegation that the money is owed as claimed.

    13. Atthis stage without documentation I am unable to plead fully to theclaim. I request the court orders the Claimants to provide thenecessary documentation in order for me to fully plead my case elsethe Claim should stand struck out.

    14. In the eventthat the relevant documents are received from the Claimants I willthen be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

    Statement ofTruth

    The Defendant believes that the facts stated in thisDefence are true.



    Signed …………………………………………

    Dated............................................. ..... ...

    Dear Kafka
    Heres my defence letter i hope you have the time to take a look and tell me what your think?
    I have obvious omitted specific details but does this look ok? I amended section 11 as Mortimer Clarke did agree to the extension or should i have just omitted altogether? I am also unsure what the implications are for me to deny or admit the claim in section 3.
    Yours Gratefully
    Footballgirl
  • This topic by cbwindmill has been deleted by Kati

    #1
    Re: EXAMPLE Defence for Consumer Credit Court Claims

    Hi and thank you for getting back to me ,
    Should I now chase up the CPR from Restons again asking for the documents ... ? Because as you see all I got was the letter I posted here earlier. And also do I chase arrow global for the cca? I have read previous threads but I'm just checking to be sure. As you may have guessed I'm not the most confident person in dealing with these people or these type of thing

    Thank you
    Cbwindmill
  • This topic by Kafka has been deleted by Kati

    #1
    Re: EXAMPLE Defence for Consumer Credit Court Claims

    Posts about your case should all be on your own thread.
    This is a thread for sample defences.
  • This topic by Cosmo88 has been deleted by Amethyst

    #1
    Re: EXAMPLE Defence for Consumer Credit Court Claims

    I have just been to an interview with a bloke from CTS Private clients Ltd called Derek?? Scottish bloke.

    เล่นบาคาร่า
  • This topic by Londonjay has been deleted by Amethyst

    #1
    Hello

    I was wondering if someone can help me. I received correspondence from Asset Collections dated 30th April 2018 stating itís a letter of claim.
    The letter states the a debt from lending stream dated 14/09/2010 was sold to them on 2/11/2017 and that I owe them £440 odd pounds.
    I tried to call them put was kept on hold forever.
    I have now received a county court claim letter dated 31st May 2018 from county court business centre in Northampton.
    Can someone assist me in drafting a legal defence. The debt is more then 6 years old and the have not been in contact with me during this time nor do I have any details on the original loan or amount. I need helo with drafting a legal defence response which revolves around statute barred and the 1980 limitations act. Can anyone assist ?

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