**CASE DISMISSED in court *** brian carters letter Help needed..!!

[g-man13]

Re: brian carters letter Help needed..!!

I intend to send the CCA and CPR requests today or tomorrow at the latest.

With regards to my defence statement is there a specific way it should be written out? Also, im assuming my main points will be the fact that i requested info from Carter and he has not provided any?!

Im a bit unsure as to how to get it started..!

[g-man13]

Re: brian carters letter Help needed..!!

Hi Guys,

Received this letter from carter.

Any advice on my next move?

G

[g-man13]

Re: brian carters letter Help needed..!!

Hi guys,
Can anyone give me some help with my response to the above letter?
G

[MIKE770]

Re: brian carters letter Help needed..!!

usual template response, keep that letter safe. as until allocation your request is valid! this is there usual missive and can be used later if they go ahead in the end!

[g-man13]

Re: brian carters letter Help needed..!!

Thanks for your help
G

[g-man13]

Re: brian carters letter Help needed..!!

Hi Guys,

I need to submit defence by tomorrow, but i dont have a clue how to word it.
Can anyone please give me some help in what points i need to note?

Thanks in advance.

G

[MIKE770]

Re: brian carters letter Help needed..!!

[MENTION=1937]nemisis[/MENTION]?

[nemesis45]

Re: brian carters letter Help needed..!!

[QUOTE=g-man13;592570]Hi Guys,

I need to submit defence by tomorrow, but i dont have a clue how to word it.
Can anyone please give me some help in what points i need to note?

Hi, I was away all day yesterday, you got anything down in writing yet?

Take a look at some threads with defences, make a draft and post it here
we can then go through it with you.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Hi Nem,

No i havent got anything written down yet.. im not really sure how to start it and what points i need to focus on!

G

[nemesis45]

Re: brian carters letter Help needed..!!

Hi Nem,

No i havent got anything written down yet.. im not really sure how to start it and what points i need to focus on!

G

The threads will show you format and a language amend to suit your case then we can go through it with you.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Thanks for that.. i will see what i can come up with and post it later today

[g-man13]

Re: brian carters letter Help needed..!!

Hi nem,

I found this on the site which was used to defend an overderaft claim against BC. Would this suit me or do i need to modify it in any way


-----------------------------------------------------------------------------------------------
1: I received the claim XXXXXX from the Northampton 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: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank however am unaware of any debt outstanding. I do not recognise the account number given and have contacted the original creditor, Lloyds Bank, and they have stated they do not have a record of the account, and that I do not hold any account with them.

4. I have not received a default notice pursuant to s87 Consumer Credit Act 1974 and put the claimants to strict proof that one has been served as alleged.

5. I have not, to the best of my knowledge, received any notice of assignment and put the claimants to strict proof that notice has been given to me as alleged.

6. The particulars of claim fail to state when the agreement was entered into.

7. To try and find out more information regarding this claim, 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 .

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

9. On the [DATE] I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore 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. 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 .................................................. ....


Thanks in advance

G

[g-man13]

Re: brian carters letter Help needed..!!

Hi guys.
Please can you tell me if this defence is ok to submit?
Do i need to mention that carters didnt respond to the cpr request i sent after i received the claim?
I need to submit it thursday.. so any help would be much appreciated.

Thanks G.





1: I received the claim B2AQ7C8P dated 13th*October 2015 from the Northampton County Court on 14th*October 2015

*

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

*

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank however am unaware of any debt outstanding. I do not recognise the account number given and have contacted the original creditor, Lloyds Bank, and they have stated they do not have a record of the account, and that I do not hold any account with them.

*

4. I have not received a default notice pursuant to s87 Consumer Credit Act 1974 and put the claimants to strict proof that one has been served as alleged.

*

5. I have not, to the best of my knowledge, received any notice of assignment and put the claimants to strict proof that notice has been given to me as alleged.

*

6. The particulars of claim fail to state when the agreement was entered into.

*

7. To try and find out more information regarding this claim, on the 01st*May 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and statements of the account.

*

8. Bryan Carter solicitors has not sent any of these documents to me.

*

9. On the 14th*May 2015 I sent a further request for the above mentioned documentation to Bryan Carter Solicitors. This was in response to a letter from Bryan Carter solicitors which failed to provide me with any of the documentation

10. Bryan Carter solicitors has not responded to this letter or sent me any of these documents

10. On the 26 August I received a 2nd*letter of claim from Bryan Carter solicitors

11. I sent a request to Bryan Carter solicitors on the 8th*September 2015 to provide me with copies of the documentation which they hold to support this alleged debt. I asked for copies of the account agreement, the final demand, the notice of assignment and statements of account.

12. Bryan Carter Solicitors has not sent me any of these documents

13. On the 21st*October 2105 I sent a formal request for a copy of the original agreement to Lowell Financial pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

*

14. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore 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. 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.

*

17. 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.

*

18. 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 .................................................. ....

[g-man13]

Re: brian carters letter Help needed..!!

Hi guys,

Is there anyone who can help me with the above defence please?

G

[Amethyst]

Re: brian carters letter Help needed..!!

Morning, reading xx