Thanks - will do as per your instructions - thanks for all the help

Keep your eye on your defence date moelwyn in the meantime.

Hi

I have a summons from county court business centre.

The amount is over 10 thou.

The fee is listed as £410.

is this the actual cost, or have the complainants added their own fee?

Whilst your focus should be on the claim it might be worth investigating any over limit fees and late payment fees on the account.

These can either be claimed back with added interest in restitution OR used as a bargaining chip in any mediation.

Andy is king for the legal.

Thank you for the reply.

I was only wondering if it was worth £410 to get the matter to court.

Hi

I have a summons from county court business centre.

The amount is over 10 thou.

The fee is listed as £410.

is this the actual cost, or have the complainants added their own fee?

That is the court fee!

Thanks for the info.

Hi people

I am now entering my defence - I enclose it below, and the Particulars of Claim underneath that.

I would be very pleased for comments and advice.

THANK YOU

My draft defence:

I neither admit or deny the Claimant's Particulars of Claim which refer to a regulated agreement number xxxxxx as having been entered into originally between xxxxx and myself the Defendant. The Claimant has yet to disclose any such Agreement which conforms to the requirements of the Consumer Credit Act 1974 CCA and associated Regulations. Specifically the Claimant is yet to disclose an Agreement which is in the prescribed form, contains all the prescribed terms as required under s60 of the CCA, has been properly executed and which is not contrary to s82a of the Act in question.

With reference to the Claimant's statement that a Default Notice was served, it is denied that any valid Default Notice was served or that the alleged Agreement if terminated, was done so correctly and in accordance with the CCA. In consideration of s136 of the Law of Property Act, it is denied that the Claimant has any entitlement to benefit from the alleged Agreement as either an assignee of a debt, or as an original creditor or that the defendant has been notified of the assignment by letter.

The Claimant has failed to comply in any way with the pre-action conduct practice direction. The Claimant has failed to respond to requests under s78 (1) of the CCA requesting a copy of the alleged Agreement and associated documents. The Claimant has also failed to respond to a request made pursuant to Rule 31.14.

In regard to this entire Claim, the Defendant denies that they owe any monies to the Claimant and puts the Claimant to strict proof to disclose a valid and enforceable regulated Credit Agreement that exists between the Defendant and xxxx, to disclose evidence of a valid Default Notice and of such having ever been served, to disclose evidence that the alleged Agreement if terminated, was done so in the correct manner, and to demonstrate that the Claimant has the legal right either under statute or equity to issue this claim.

As per Civil Procedure Rule 16 5 4 the Claimant is expected to prove their allegation that the monies claimed are due.

By reason of the facts and matters set out above, it is denied that the Claimant has any entitlement to the sum claimed from the Defendant of £xxxx or any other such sums including associated costs or relief.

Particulars Of Claim:

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxx and opened effective from (date). The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by (date) a default was recorded. As at (date) the Defendant owed xxxx the sum of £xxxx. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective (date) and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims: 1. £xxx 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from (date) to (date) of £xxx And thereafter at a daily rate of xxx to date of judgment or sooner payment. (date)

Hi people

 

I am now entering my defence - I enclose it below, and the Particulars of Claim underneath that.

 

I would be very pleased for comments and advice.

 

THANK YOU

My draft defence:

 

I neither admit or deny the Claimant's Particulars of Claim which refer to a regulated agreement number xxxxxx as having been entered into originally between xxxxx and myself the Defendant. The Claimant has yet to disclose any such Agreement which conforms to the requirements of the Consumer Credit Act 1974 CCA and associated Regulations. Specifically the Claimant is yet to disclose an Agreement which is in the prescribed form, contains all the prescribed terms as required under s60 of the CCA, has been properly executed and which is not contrary to s82a of the Act in question.

 

With reference to the Claimant's statement that a Default Notice was served, it is denied that any valid Default Notice was served or that the alleged Agreement if terminated, was done so correctly and in accordance with the CCA. In consideration of s136 of the Law of Property Act, it is denied that the Claimant has any entitlement to benefit from the alleged Agreement as either an assignee of a debt, or as an original creditor or that the defendant has been notified of the assignment by letter.

 

The Claimant has failed to comply in any way with the pre-action conduct practice direction. The Claimant has failed to respond to requests under s78 (1) of the CCA requesting a copy of the alleged Agreement and associated documents. The Claimant has also failed to respond to a request made pursuant to Rule 31.14.

 

In regard to this entire Claim, the Defendant denies that they owe any monies to the Claimant and puts the Claimant to strict proof to disclose a valid and enforceable regulated Credit Agreement that exists between the Defendant and xxxx, to disclose evidence of a valid Default Notice and of such having ever been served, to disclose evidence that the alleged Agreement if terminated, was done so in the correct manner, and to demonstrate that the Claimant has the legal right either under statute or equity to issue this claim.

 

As per Civil Procedure Rule 16 5 4 the Claimant is expected to prove their allegation that the monies claimed are due.

 

By reason of the facts and matters set out above, it is denied that the Claimant has any entitlement to the sum claimed from the Defendant of £xxxx or any other such sums including associated costs or relief.

 

Particulars Of Claim:

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxx and opened effective from (date).

The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

 

 

2. The Defendant failed to make payment as required and by (date) a default was recorded.

As at (date) the Defendant owed xxxx the sum of £xxxx.

 

 

3.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective (date)

and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

 

 

4

And the Claimant claims: 1. £xxx 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from (date) to (date) of £xxx

And thereafter at a daily rate of xxx to date of judgment or sooner payment. (date)

I have numbered the PoC

your def is a bit too waffly.

keep it short and very simple

look at recent threads in the same forum

for the no paperwork/holding defence.

dx

Hi all

I actually copied and edited the last defence draft from one of your posts - anyway, is the following better?

DRAFT DEFENCE

I dispute the full amount claimed by the claimant and I do not recognise the Claimant's Claim in any way for the following reasons.

The Claimant states that the claim relates to a credit agreement entered into by the parties, but no copy of the contract or documents alleged to constitute the agreement has been attached or served with the particulars of claim, therefore I have no knowledge of the agreement mentioned by the claimant in the particulars of claim. This is in breach of the requirements of Practice Direction 16 section 7.3. "Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim" .Additionally, by not attaching or serving a copy of the alleged agreement the claimant has failed to provide me with sufficient information to deal with the claim. This is in breach of Practice Direction - Protocols section 3.1(a) "not having provided sufficient information to the defendant".

. "Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim" .

if that on CAG it shouldn't be

Tuesday by 4pm I make it

that's a fotl defence.re post 14

dx

• Help needed with Defence on credit card debt (counter claim PPI)
  
• Have a look at this on the forum & look at post no 17 - that's where I got the letter from, and presume it worked for this chappie
  

So is my new shorter defence (also copied from one of your forum entries) ok? As I would like to get it in before the deadline, then it's not preying on my mind any more!!!

Thanks

link to the thread please ref post 17?

don't think you can use PPI as a counter claim

use the no paperwork / holding one for now

PPI/charges could come into it if you go for mediation.

but I bet link fold first.

dx

Thanks - I am getting very confused - please can you direct me to the no paperwork/holding defence, as I haven't found it? Thanks very much

http://www.consumeractiongroup.co.uk/forum/showthread.php?434948-Help-needed-with-Defence-on-credit-card-debt-%28counter-claim-PPI%29&highlight=santander+neither+admit+deny+the+Claimant%27s+Particulars+of+Claim+which+refer+to+regulated+agreement+number

this is the link for where I adapted the letter from - see post 17

that post doesn't mention the line I referred too in post 36.

theres no requirement to attach docs to a claimform.

anyway forget that .

lets get you defence sorted.

something like post 56 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?428900-Just-had-a-baby-(Challenging)-..-Now-faced-with-Northampton-Claim-by-Lowell-Vanqius(2-Viewing)-nbsp&p=4591168#post4591168

bring your PoC fwd please

dx

Thanks - so is this acceptable?

Particulars of Claim (for reference only)

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective from --/08/2008. The agreement is regulated by the consumer crediticon Act 1974,

was signed by the Defendant and from which credit was extended to the Defendant.

2.The Defendant failed to make payment as required and by --/11/2013 the Defendant owed Barclaycard plc the sum of 11,980.--.

3.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/11/2013

and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

And the Claimant claims:-

1. 12,110.--

2. interest pursuant to Section 69 Count Court Act (1984) at a rate of 8% per Annum from --/11/2013 to --/10/2014 of 810.-- and thereafter at a daily rate of 2.53 to date of judgment or sooner payment. Date 10/10/2014

Proposed Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Section 1 is noted although I am unaware of any assignment between the claimant and Barclaycard or what the account number in question refers to.The claimants’ particulars are vague, spurious and lacking any precise reason or nature of claim.

3. Section 2 is denied I am not aware of any assignment as stated above or any requests for payments.I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

4.Section 3 is denied the Claimants have failed to plead the correct method of section 69

5.Notwithstanding the above on receipt of the above claim requests were made for information pursuant to the consumer credit Act (section 78) and CPR 31.14.The requests were made on (date) by recorded delivery and signed for by the claimant on (date). To date I have received no response or acknowledgement from the claimant’s solicitor.

The claimant is therefore in default of the statutory 12 days.

6.As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7.On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974

It is denied with regards to the Defendant owing any alleged monies to IDR Finance II Limited. The Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

8.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Particulars added for cross reference now read their points 1 -3 and your responses 1-3.

Andy

Hi Andy

"Particulars added for cross reference now read their points 1 -3 and your responses 1-3."

Sorry - I'm at a loss here - are you able to spoonfeed me?

Thanks

Sure...when you receive a claim the easiest way to respond is to number their pleadings (as above).Your defence must respond to each point of their pleadings...anything you dont respond to will be taken as an admittance by the court.

So points 1 -3 of their pleadings are the most important points that you respond to.A defence must respond with an either admit or deny or accept or refute.

The holding defence above that I drafted...points 1- 3 are in direct response...4- 8 are the standard holding put them to proof response.

So back to points 1-3.... their point 1 states all about the agreement you allegedly signed your point 2 dealing with their point 1 refers to assignments and how their particulars are vague?.....which look pretty thorough to me.

Their point 2 refers to the breach of agreement your point 3 section 2 refers to assignments and Notice of Sums in arrears ?

See my point?

Think of it as if they are asking a question...and you answering it.... so for example

point 1 " we sold the defendant a car it was sold in perfect condition.

Response point 1 It is admitted they sold me the car but the wheels fell off on the way home...therefore it is denied.

You only respond to what they state ...dont add anything further.

Ok - thanks very much - how am I doing on this take?

TAKE 3:

Their Particulars Of Claim says:

1. The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxx and opened effective from (date). The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

2. The Defendant failed to make payment as required and by (date) a default was recorded. As at (date) the Defendant owed xxxx the sum of £xxxx.

3. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective (date) and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

4. And the Claimant claims: 1. £xxx 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from (date) to (date) of £xxx And thereafter at a daily rate of xxx to date of judgment or sooner payment. (date)

Defence

1. Regarding the Claimants’ point 1 - I the Defendant deny any knowledge of any outstanding balance due on the referenced agreement to the Claimant, and I have no knowledge of any financial dealings of any kind with the Claimant;

2. Regarding the Claimants’ point 2 - as stated in point 1, I have no knowledge of any financial dealings with the Claimant, therefore I deny that I have failed to make them a payment & I have received no default notice. I neither deny nor agree that I have had any financial arrangement with Barclaycard, however I know of no assignment from Barclaycard to the Claimant and have requested any documentation from the Claimant but as yet received no reply;

3. Regarding the Claimants’ point 3 - I have no knowledge of any agreement in writing or Notice of Assignment. As stated in point 2, I have requested this from the Claimant and have received no reply.

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

4.Section 4 is denied - I the Defendant deny that there is any agreement with the Claimant, therefore there is no amount payable to the Claimant, therefore there can be no interest or any other charges payable.

5.Notwithstanding the above on receipt of the above claim requests were made for information pursuant to the consumer credit Act (section 78) and CPR 31.14.The requests were made on (date) by recorded delivery and signed for by the claimant on (date). To date I have received no response or acknowledgement from the claimant’s solicitor.

The claimant is therefore in default of the statutory 12 days.

6.As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7.On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974

It is denied with regards to the Defendant owing any alleged monies to IDR Finance II Limited. The Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

8.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

And I can add to that defence that I cannot submit a proper defence as I have received no documentation as proof of their claim, nor have I received any documentation to prove that they have the right, title and interest to issue a claim.

And I can add to that defence that I cannot submit a proper defence as I have received no documentation as proof of their claim, nor have I received any documentation to prove that they have the right, title and interest to issue a claim.

Ideally no...your defence should deal with the particulars as they stand.It is accepted that you have never had any financial dealings with the claimant...why would you... they have bought the debt and it has been legally assigned (allegedly) to them from the original creditor under that reference/account number.

Now if you reworded that to.... Paragraph 1 is denied I have never had any financial dealings with Barclaycard under reference xxxxxxx or at all.It is denied I am indebted to the claimant or Barclaycard for any alleged debt.

That would be legally accepted and the claimant would have to prove otherwise...but is that true?

Andy