I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International
Name of the Claimant ? JC INTERNATIONAL ACQUISITION
Date of issue – Their Date 24 May 2019 / Submission Date 25 June 2019
Particulars of Claim
What is the claim for –
1.The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant.
2.Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67
3.and also claims interest thereon persuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05
What is the total value of the claim? £1311.72
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?
Yes many times
Did you inform the claimant of your change of address?
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
When did you enter into the original agreement before or after April 2007 ?
Do you recall how you entered into the agreement...On line /In branch/By post ?
Online I think
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?
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.
Were you aware the account had been assigned – did you receive a Notice of Assignment?
Did you receive a Default Notice from the original creditor?
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?
Why did you cease payments?
Mental health conditions, I was briefly sectioned and then tried to get hold of all of my creditors but not all were showing on my credit file
What was the date of your last payment?
Unknown but well over 6 years ago
Was there a dispute with the original creditor that remains unresolved?
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
What you need to do now.
In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.
So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?
Thank you in advance