Hi, thanks for the reply. I sent this defence to the court yesterday. After reading a lot of threads it seemed to be a pretty standard defence, as they haven't furnished me with everything I requested.
Plus there is about £100 in late payment fees on the account.
I'd appreciate any info/pointers on where i'm at at the mo.
IN THE NORTHAMPTON (CCBC) COUNTY COURT
CLAIM NUMBER **********
CL FINANCE LIMITED
1. On 14 July 2008 CL FINANCE LIMITED commenced proceedings against the defendant for £***** plus interest, a debt allegedly incurred under a credit agreement between the defendant and GE Capital Bank Ltd 2. The Claimant states the debt was assigned them by a deed of assignment dated 9 July 2008.3. The defendant does not admit or deny the debt, but puts the claimant to strict proof thereof.4. The defendant has not received a valid notice of assignment for the alleged debt from the original creditor and therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.
6. The claimant’s solicitors were requested by letter dated 15 July 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.7. To date, the claimant’s solicitors have acknowledged the request, but have not supplied the full requested documentation.8. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.9. The defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925.The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed.10. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.