Have received a claim form for a debt thats 13 years old

[echat11]

Hi, Can you please help with my defence. I have no idea how to word it. I would be so grateful. I only have Tuesday to get it prepared and posted. Thank you

e) This is an example Defence, have a go, then I can check it for you.
You can file it with the Court via MCOL. Then post a copy to their solicitors and get Proof of Postage.

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

[Midnight67]

Thank you so much!

can you please advise if these are applicable I don`t quite understand...

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 [fail to state when the agreement was entered into/states the agreement was entered into on xx/xx/xxxx]


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.]
15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead this case else the Claim should stand struck out.

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

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

Also do I need to add a personal statement about my current financial situation or just send this?

Thanks again

[echat11]

Thank you so much!

can you please advise if these are applicable I don`t quite understand...

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 [fail to state when the agreement was entered into/states the agreement was entered into on xx/xx/xxxx]


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.]
15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead this case else the Claim should stand struck out.

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

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

Also do I need to add a personal statement about my current financial situation or just send this?

Thanks again

A) 5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

Yes, that stays in, you've sent requests for information.

B) 6.The Claimant’s Particulars of Claim [fail to state when the agreement was entered into/states the agreement was entered into on xx/xx/xxxx]

Yes, that stays in, they've given you a date in their 'Particular of Claim'.

C) 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.]

Leave out.

D) 15.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.

Leave in.

E) 16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead this case else the Claim should stand struck out.

Leave in.

F) 17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

Leave in.

G) 18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Leave in.

H) Also do I need to add a personal statement about my current financial situation or just send this?

No. You need to copy and paste your defence back to this thread without personal details so it can be checked. back to this thread.

[Midnight67]

Good evening,

Ready to be checked!

In the Northampton County Court Business Centre

Claim No:

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – Northampton County Court on xxxx

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

3.This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with xxxxxxxx for provision of credit over 13 years ago.

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 [fail to state when the agreement was entered into/states the agreement was entered into on xxxxx

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 xxxxxxxxx The Defendant does not recall receiving notice of this assignment. The defendant has lived at 9 addresses since 2009.

9.It is denied that Lloyds 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.

10.On the 26.04.2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to xxxxx solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.xxxx Solicitor has not sent any of these documents to the Defendant.

12.On the 24.04.2024 The Defendant sent a formal request for a copy of the original agreement to xxxxx pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. The fee was returned to defendant.

13.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.

15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead this case else the Claim should stand struck out.

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

18.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 ________


What is MCOL please?

Thank you again.

[echat11]

1) Read through it several times, leave for an hour, read again, amend if you need to, then it ready to be lodged with the Court.

2) You can lodge it with the Court via MCOL.

3) You can post a copy to their solicitors, make sure you get Proof of Postage.

In the Northampton County Court Business Centre

Claim No: XXXXXXXXX

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on XX/XX/XXXX

2.Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with Lloyds Bank 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 02/07/2009.

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. SO YOU ARE LEAVING THIS IN?

8.The Claimants statement of case states that the account was assigned from Lloyds Bank. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Lloyds Bank 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.

10.On the 26/04/2024 The Defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to XXXXXXXXX solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.XXXXXXXXX Solicitor has not sent any of these documents to the Defendant.

12.On the 24/04/2024 The Defendant sent a formal request for a copy of the original agreement to XXXXXXX pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

14.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.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead this case else the Claim should stand struck out.

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

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

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 ________


What is MCOL please?

How did you carry out Acknowledge of Service of the claim?

[Midnight67]

Hi,

I wouldn`t know what to amend, regardless of how many times I read it as I don`t understand this legal terminology, which is why I am beyond grateful for your help.

Should I not leave this in? after 6 years I thought debt was statute barred - I don`t understand the full legalities of this, just that I`ve read this online.

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. SO YOU ARE LEAVING THIS IN

And I dont understand what this means?
How did you carry out Acknowledge of Service of the claim?

Do I just type MCOL into google? I have to submit this by tomorrow EOB latest.

Thanks

[Midnight67]

I`ve found MCOL

[echat11]

a) Should I not leave this in? after 6 years I thought debt was statute barred - I don`t understand the full legalities of this, just that I`ve read this online.

No, you are responding to their PoC. You are dealing with 'facts' in your Defence.

b) 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. SO YOU ARE LEAVING THIS IN

That's fine leave it in.

c)And I dont understand what this means?
How did you carry out Acknowledge of Service of the claim?

c) Post 2 and 4 on this thread asks you to Acknowledge of Service, that can be done via MCOL. That gives you more time, 14 + 14 days from the issue date. If you do that, then that gives you more time to file your defence.

[Midnight67]

I requested the extra time via post with the pack, 28 days is up tomorrow.

After the above amendment, is it ok to now send?

Thank you

[echat11]

I requested the extra time via post with the pack, 28 days is up tomorrow.

After the above amendment, is it ok to now send?

Thank you

Well done so far.
Yes, you can file your defence via MCOL.

[Midnight67]

So I have submitted my defence via MCOL. What happens now?

I really can`t thank you enough for your help.

[echat11]

So I have submitted my defence via MCOL. What happens now?

I really can`t thank you enough for your help.

A brief summary of Timetable -

a) Claimant lodges a Claim with Court.
b) You request documentation.
c) You file your Defence (you might still receive requested documents).
d) The Claimant has 28 days to respond to your Defence.
e) Both Parties are sent a Direction Questionnaire, fill in and send to Court and the other party.
f) Providing you receive the documentation, you can consider Mediation (opportunity to resolve Claim).
g) If not resolved during Mediation, the matter goes to Hearing.
h) Parties exchange Witness Statements, normally 14 days before Hearing.
i) The Hearing.

[Midnight67]

Wow, another stressful few weeks then....

Thanks again, I`m sure I`ll be back!

[echat11]

Wow, another stressful few weeks then....

Thanks again, I`m sure I`ll be back!

The 'big' thing is that you have some control over the situation.
Also think months, not weeks.
Some Courts have 'backlogs'.

[Midnight67]

Hi there! I have received a Directions Questionnaire, one from the court and one from the claimant that’s a copy and they have pre-filled answers. They have ticked they want to settle and that it should be heard in a local court and that it should be fast tracked. I received the court paperwork a day before the 28 day expiry.

The questionnaire asks if I want to settle or if no give reasons why not, they are obviously not accepting the fact the debt is over 13 years old.

I would be so grateful for your help, I only received this from the claimant yesterday and they want me to respond by the 24th!

I’m panicking again. Thank you. I don’t want to go to court, I am so stressed I won’t be able to cope.