CCA request

[dinky201]

Can I ask for a court order and or to be struckout in the defense that needs to be sent tomorrow, or do I do it later?

[echat11]

Can I ask for a court order and or to be struckout in the defense that needs to be sent tomorrow, or do I do it later?

You need to get your defence done.

To get the case struck out on what basis?

[dinky201]

Ok so do defense 1st send that. Then apply to court for order?

not going o ask for it to be struckout, i saw it in defense template am surprised

[dinky201]

1. does Original creditor have to send notice of assignment or the Debt collector? as I'm looking for Notice of assignment in Original Collector SAR.

[dinky201]

O.K. they should have provided T and C's with 34% (should be the last APR on your statements) on them as well.

So you need to work on your defence, it's fairly straight forward - post 20.

You also need to analyse the default notice and letter of assignment if they've sent you a copy.

1. does Original creditor have to send notice of assignment or the Debt collector? as I'm looking for Notice of assignment in Original Collector SAR.

2. is this ok for defense so far?? more knowledge will help emend more will amend more

Defence




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



This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.



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




The Claimant’s Particulars of Claim states the agreement was entered in 16/02/16







A CCA Request was put forward to claimant on 07/02/2021

[echat11]

1. does Original creditor have to send notice of assignment or the Debt collector? as I'm looking for Notice of assignment in Original Collector SAR.

Notice of Assignment, is sent by the assignee, in this case Cabot. Generally the seller and buyer both send a notice of assignment.

[echat11]

1. does Original creditor have to send notice of assignment or the Debt collector? as I'm looking for Notice of assignment in Original Collector SAR.

2. is this ok for defense so far?? more knowledge will help emend more will amend more

Defence




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



This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.



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




The Claimant’s Particulars of Claim states the agreement was entered in 16/02/16







A CCA Request was put forward to claimant on 07/02/2021





The claimant has not provided any evidence that they have full title to the alleged debt and have provided no evidence that they are the legal owner of any debt, without this evidence being provided then the defendant avers that the claimant in this case has no legal right to bring a claim before the courts .

You can put the last paragraph in your witness statement, you should stick to, 'they haven't provided all the requested documents'.

You need to a lot more work on your defence. I'd go through the 'example defence' again.

[dinky201]

Is whiteness statement the defence, of something you write after defence?

[echat11]

Is whiteness statement the defence, of something you write after defence?

Defence, then Mediation (if not settled), then Witness Statement and finally hearing.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[dinky201]

So leave last paragraph till later

[echat11]

So leave last paragraph till later

Yes.

[dinky201]

Can't thank thankyou enough, I appreciate this

[echat11]

We get lots of people who make stuff / situations up, that consumes a lot of time, time that is given freely.

[dinky201]

We get lots of people who make stuff / situations up, that consumes a lot of time, time that is given freely.

how is this???

1. The defendant received the claim ( ) from the Northampton County Court
on


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 credit card agreement regulated under the Consumer Credit Act 1974.



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 Claimant’s Particulars of Claim states the agreement was entered in 16/02/16



6. The defendant sent a request under the Consumer Credit Act 1974 to the claimant on 07/02/2021.



7. The claimant has not provided all requested documents to the defendant.


8. The claimant did not comply with Pre-action Protocol, therefore should not of issued a claim.


9. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend Hhis defence, and would ask that the Claimants bear the costs of the amendment.

10.It is denied that the Claimant is entitled to the relief as claimed or at all.


point 8 will PM you

[echat11]

O.K., so when is your Defence meant to be submitted? (we don't deal with help via pm, site rules)

You posted the following on another thread that you started -
'20th April 2022, 08:20:AM

Hi I got court claim, I sent off to intend to defend it, and day 28 is tomorrow to file my defense.'