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Boro

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  1. Thanks DX & Andy, it looks good to me, can I post it as is (with corrected to date)
  2. Could I please have some help putting a defence together, I have tweaked the defence which DX kindly helped me with from my other ongoing case, here is what I have so far 1.The Claimant claims the sum of £5,499 for an outstanding debt owed.On16/08/2017 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference <reference number>. 2.On 27/06/2019 the Defendant defaulted on the agreement with an outstanding balance of £5,512. 3.On 26/07/2019 the debt of £5,512 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of property Act 1925. Adjustments have been applied in the sum of £13. AND THE CLAIMANT CLAIMS 1. The sum of £5,499 1.The Claimant claims the sum of £5,499 for an outstanding debt owed. defence 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. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclays Bank. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information. 3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 5. On receipt of this claim on the 25/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. PRA Group (UK) LTD as yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received. The claimant remains in default of my section 78 request. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 consumer credit Act 1974. 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.
  3. Sorry DX & thanks for your reply, here is what I have now Defence 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. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank. 3. Paragraph 2 is noted but not admitted.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Sainsbury's bank. 5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 consumer credit Act 1974. 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.
  4. Thanks, just realised that paragraph 2 repeats paragraph 1, should I remove paragraph 2?
  5. Like this? you said paragraph 2 but it should be 3 right? 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. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed. 3. Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Sainsbury's bank. 5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 consumer credit Act 1974. 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.
  6. Thanks, before I submit it could someone please check that this looks right and that I haven't missed anything 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. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed. 3. Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number. 4. Paragraph 3 is denied as I am unaware of any legal assignment. 5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 consumer credit Act 1974. 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.
  7. What about point 5? does it need dates in which case what should the first date be, I presume I also need to adjust the numbers for 7, 8 & 9 as there is no 6 Thanks
  8. Thanks DX that looks perfect, here is what I have so far, I'm not sure about the first point which I have highlighted, while I did receive something from them it certainly did not fulfil all the requirements, do I need to give dates in point 5? if I do should the first date be the date I received the claim or the date I sent off the CPR & CCA requests? 1.By an agreement between Sainsburys & the Defendant on or around 21/06/2016 ('the agreement') Sainsburys agreed to loan the Defendant monies, The defendant did not pay the instalments as they fell due. 2.The agreement was terminated following the service of a default notice. 3.The agreement was assigned to the Claimant. The Claimant therefore claims 1. 8713 2. Costs Defence 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. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2.Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed. 3.Paragraph 2 is noted but not admitted. The claimant has failed to state the actual agreement/account reference number. 4.Paragraph 3 is denied as I am unaware of any legal assignment. 5.On receipt of this claim on the ??/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 21/09/2021, no documentation has been received. The claimant remains in default of my section 77 request. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8.On the alternative, as 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 consumer credit Act 1974. 9.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.
  9. OK I will look and see if I can find it, with the CPR request as it is a personal loan should I also be requesting a termination notice? Thanks
  10. Thanks Andy I was worried that by submitting the AOS early I would bring forward the date the defence was due, with the cca request should I be quoting the court claim number as the account / reference number?
  11. I have already submitted an acknowledgement of service and will send a CCA & CPR 31:14 request off to PRA
  12. Name of the Claimant ? PRA Group Date of issue 25/08/2021 Date to acknowledge 12/09/2021 Date to submit defence 24/09/2021 Particulars of Claim 1.The Claimant claims the sum of £5,499 for an outstanding debt owed. 2.On16/08/2017 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference <reference number>. 3.On 27/06/2019 the Defendant defaulted on the agreement with an outstanding balance of £5,512. 4.On 26/07/2019 the debt of £5,512 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of property Act 1925. Adjustments have been applied in the sum of £13. AND THE CLAIMANT CLAIMS 1. The sum of £5,499 What is the total value of the claim? £6054 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? August 2017 Do you recall how you entered into the agreement...On line /In branch/By post ? Applied online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Could no longer afford to keep up with repayments of my debts What was the date of your last payment? December 2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  13. I submitted the acknowledgement of service last week, I am just confused as to when I need to have the defence in
  14. Thanks DX, I am a little confused about dates, does the defence have to be in within 14 days of submitting the acknowledgement of service or by day 33 of the date on the claim form? thanks
  15. Name of the Claimant ? Cabot financial Date of issue 20/08/2021 Date to acknowledge 07/09/2021 Date to submit defence 21/09/2021 Particulars of Claim 1.By an agreement between Sainsburys & the Defendant on or around 21/06/2016 ('the agreement') Sainsburys agreed to loan the Defendant monies, The defendant did not pay the instalments as they fell due. 2.The agreement was terminated following the service of a default notice. 3.The agreement was assigned to the Claimant. The Claimant therefore claims 1. 8713 2. Costs What is the total value of the claim? 9268 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a letter threatening court action then a letter before action but I did not receive everything listed under the protocol Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after April 2007 ? 2016 Do you recall how you entered into the agreement...On line /In branch/By post ? Applied online, exchanged forms by post Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes although the date of default showing on my credit report is the following year Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Could no longer afford to keep up with repayments of my debts What was the date of your last payment? June 2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Do I send the CCA & CPR request to mortimer clarke? Can I send them both in the same envelope to save on costs In the event that they do manage to obtain a ccj against me what happens when I cant pay, I ask as I am broke and have no disposable income, my income from self employment was already low but with covid my income this past year is down 70%, I am living with and supported by my parents (pensioners), I own nothing of value
  16. For those wondering what happened, the deadline came and went and the claimant failed to provide any documentation, I later had a letter from the solicitor advising me that the claim was being withdrawn, LC Asset 1 have returned to sending the usual template letters asking for payment which I am filing.
  17. DX I had assumed that was the case I just worry Andy thank you it looks perfect and has been submitted so I can now relax a bit
  18. Thanks DX I appreciate the help, also a good point about the account number
  19. I have made a few alterations but could do with some help, thanks 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from -/-2013. 2.The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 3.The Defendant failed to make payment as required and by -/-2019 a default was recorded. As at -/-/2019 the Defendant owed “Newday LTD” the sum of £7000. 4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/-2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. And the Claimant claims- 1. 7000 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/-2019 to -/-2019 of 3000 And thereafter at a daily rate of 150 to date of judgment or sooner payment. Date -/-/2019 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. Paragraph 1&2 are noted. I do not recognise the account number referred to by the claimant. The claimant is not in a position to state an agreement was signed when it remains in default of a section 78 request and are unable to disclose the agreement on which the claim relies. 3. Paragraph 3 is noted. Although I am unaware of ever receiving a Default Notice pursuant to the sec 87 (1) of the CCA1974 or receiving further Notice of Sums in Arrears pursuant to the CCA2006. 4.Paragraph 4 is denied I am unaware of any legal assignment or Notice of Assignment allegedly dated -/-/19 from either the Claimant or (Original Creditor) Pursuant to the Law of Property Act. 5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of agreement/assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and (c) evidence service of a Default Notice and annual Notice of Sums in Arrears. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 consumer credit Act 1974. 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
  20. This is a defence which I used on a previous claim many years ago so let me know what you think, thanks 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from -/-2013. 2.The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 3.The Defendant failed to make payment as required and by -/-2019 a default was recorded. As at -/-/2019 the Defendant owed “Newday LTD” the sum of £7000. 4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/-2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. And the Claimant claims- 1. 7000 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/-2019 to -/-2019 of 3000 And thereafter at a daily rate of 150 to date of judgment or sooner payment. Date -/-/2019 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. Paragraph 1 is noted. I have in the past had financial dealings with (Original Creditor) . 3. Paragraph 2 is denied I am unaware of ever receiving a Default Notice pursuant to the sec 88 of the CCA1974 or receiving further Notice of Sums in Arrears pursuant to the CCA2006. 4.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly dated -/-/19 from either the Claimant or (Original Creditor). 5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 Default Notice or Notice of Breach or Notice of Sums in Arrears. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 consumer credit Act 1974. 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.
  21. The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet. I would like to get a defence in before the end of this week, can anyone help me put together a defence? Thanks
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