Help needed im4347 Vs EGG/DLC**DISCONTINUED**

[im4347]

Hi Paul

 

I 've not received my CCA or a reply to my CPR letter apart from the letter I had from Hillesden regarding my CCA (Please see above post 14th Nov for the letter attachment).

 

With regards to the CPR letter that I sent Special Delivery on the 5th Nov directly to EGG, they have received it on the 6th Nov, but have still not heard anything back as yet.

 

Let me know what you think of the reply from Hillesden.

 

I will go online (MCOL) and file my Acknowlegdment of service today.

 

Regards,

 

IM

[pt2537]

can you also post the full particulars of claim

 

appologies if you have already done so but i just wanted to make sure we have the full facts of what they have pleaded in their claim

[im4347]

Hi Paul

 

The Particulars of Claim are in the very first post to this thread and are as follows:

 

"The Claimants claim against the Defendant is for the amount due and unpaid as at todays date under a running monthly credit account."

 

Amount Claimed: £9218.15

Court Fee: £190

Solicitor's Costs: £100

Total Amount £9508.15

Agreement was taken out on 17/09/2001

Claimant's Solicitor (Aplins): Anthony Scott Andrews

That's all the info on it.

 

Obviously there are late charges, overlimit charges and interest included in the amount claimed.

 

Hope this helps.

 

Regards,

 

IM

[pt2537]

right ok, well not really sufficiently particularized pursuant to the CPR part 16 for starters

 

well, its up to you with regards to defending, as things stand now at this moment in time. their case is fairly weak, however, if they produce a valid agreement compliant with the CCA 1974 this could change

 

however, i am of the opinion that you can only defend what you have been given

 

the defence will be a basic holding defence that we can use,should you decide your going to defend,based on the fact that they have not disclosed the requested info and you cannot prepare a defence without the documents youve asked for

 

the main thing is not to worry too much at this stage

 

regards

paul

[im4347]

Hi

 

We did the Acknowlegdment of service by MCOL (19th November 2007)and I am defending it, and now the 28days are up on Monday 3rd December 2007.

 

I have not heard back from EGG with regards to the CPR letter I sent to them via special delivery on the 5th November 2007, which has been received by them, nor have I received the CCA as requested in my letter to DLC on 1st November 2007.

 

The only response I've had back is the letter from Hillesden (see previous post 14th November 2007 for the attached letter).

 

The 'Defence Due date' is this coming Monday (3rd Dec), and I need some urgent advice to what steps to take now.

 

Thanks,

IM

[pt2537]

Hi Matt,

 

just seen the thread,im having a think on whats best here,

 

i have a defence on the pc that will cover this so all it will need is an amendment and we are ready to go

 

 

 

Regards

paul

[pt2537]

In the xxxxxxxx County Court

Claim number

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

xxxxxxxxxxxxx - Defendant

 

 

Defence

 

 

 

• Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

• The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

• The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a)The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any Notice of Assignment required for the claimant to have a legitimate right of action for the purported debt or any other matters necessary to substantiate the claimant’s claim.

 

b)A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c)A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4.Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

 

 

5.In respect of that which is denied, on xx/xx/2007 I requested that the claimant provide a true copy of the executed credit agreement, which they claim exists between parties pursuant to section 78(1) Consumer Credit Act 1974. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request.

 

 

 

6.Section 78 (6) consumer Credit Act 1974 sets out the consequences of failure to comply with such request and states

 

s78 (6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

7.It is drawn to the courts attention that the claimant has failed to comply with my request and is in clear default of its obligations under s78 (1) Consumer Credit Act 1974 and it is averred that the claimant has no right of action until such time as the default is remedied and the true copy of the executed agreement is produced before the defendant containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by the debtor and creditor

 

8.Therefore since the documents have not been supplied as requested pursuant to the Consumer Credit Act 1974 I deny that I am liable to the claimant and put the claimant to strict proof that such enforceable agreement between parties exists

 

9.Further to the case, in an attempt to ascertain what grounds the claimant is bringing this action and to allow me to prepare my defence I requested on xx/xx/2007 the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

10.To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested

 

11.The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

 

12.The courts attention is also drawn to the fact that where an agreement does not have the prescribed terms as stated in point 11 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

13.Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the particulars of claim

 

14.It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

15.Notwithstanding point 13, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

16.Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

 

17.Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

18.In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

19.Alternatively if the court decides not to strike out the claimants case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules

 

20.Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act1970. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.

 

 

21.I respectfully ask the permission of the court to amend this defence when the claimant provides the above documents

 

 

 

:

 

 

 

 

 

 

Statement of Truth

 

 

I XXXXXXXX, believe the above statement to be true and factual

 

 

Signed …………………

 

Date

 

 

 

here my suggestion for the defence, it will need to be amended to suit

 

regards

paul

[im4347]

Hi guys,

 

Thanks for the quick response.

 

Paul thank you very much for the defence letter, reallly appreciate it.

 

Shall I include my:

• CCA request letter,
  
• the CPR letter,
  
• the proof of receipt of my CPR letter, and the
  
• Hillesden reply letter

with the defence letter?

 

Regards,

 

IM

[pt2537]

Hi IM,

 

firstly the formatting went a little haywire the first 3 points should have been numbers,1,2 & 3 dont know what went wrong there but you need to correct them

 

 

 

with regards the docs, i would hang on to the docs at his point, if they deny the statement in your defence then you can prove them wrong in court;). thats my initial thoughts anyway,

 

 

on second thoughts though, it may be an idea to send copies of the documents as since we are asking for the claim to be struck out it may serve a purpose to send copies of them to the court with the defence.

 

i will ask some others for their opinions as to what hey think is best

 

 

 

regards

paul

[Curlyben]

Unless you are going to refer to the docs in the defence I don't think there's a need at this point.

[ncf355]

This is all v good stuff

 

Nice work there PT!

[pt2537]

Cheers mate:)

[im4347]

Hi guys,

 

Thanks for the advice.

 

Thanks Paul for the update on the Defence Letter.

 

I will hold back on the other documents as suggested, makes sense.

 

I was going to post the letter and was wondering whether this can be done through MCOL?

 

Regards,

 

IM

[pt2537]

Hi IM

 

if the N1 form has a password for Mcol then you can do it through there

 

 

it should say on there about using Mcol

[im4347]

Hi Paul

 

Went onto MCOL, the maximum characters in the defence section is 8000 and 122 lines. (Not enough)

 

Therefore I've posted it to the County Court with the N9 Form.

 

Thanks again for your help. ;-)

 

Regards,

 

IM

[im4347]

Hi Paul

 

Please see the letter attached that I received from the Court on 30/11/07, but I have still not heard anything back from EGG.

 

Regards,

 

IM

Court Response.pdf

[pt2537]

Hi IM

 

Just had a look, standard letter from the court

 

so its just a waiting game now, let us know what happens next, my gut feeling will be that you will receive an Allocation Questionnaire either a N150 or N149 if you dont hear from the claimants,

 

they may look at your defence and decide not to continue but its a waiting game now

[im4347]

Hi all

 

After sending Egg a 'S.A.R - (Subject Access Request)' request and the letter drafted by Shane5408 (see 14th November 2007 reply above) on 15th November 2007, I didn't hear back from them apart from a letter dated the 24th November 2007 stating that on checking my account I should have by now received the signed credit agreement and that I can view the Terms & Conditions on the website at any time.

 

The whole point of the second letter to them was the fact that they did not supply the Original T&Cs that the purported agreement makes reference to.

 

I didn't hear back from Egg apart from a letter from CapQuest and a letter from H L Legal in January 2008 threating to take me to court.

 

This week Monday 1st September 2008, I received a letter from a solicitor and a Court Claim from Egg. The Solicitors are 'Bryan Carter & Co'. The letter stated that they have issued litigation proceedings in the County Court and I should hear from them in the next 48 hours (both arrived on the same day and were dated the same). I have also noticed that the Egg head office address has changed from the Derby address to, 'CitiGroup Centre, Canada Square, London, E14 5LB'.....

 

My husband had a very similar problem. Please see the following thread:

 

http://www.consumeractiongroup.co.uk/forum/egg/119321-help-needed-im4347-egg.html?highlight=im4347

 

Pete advised him to send the CPR letter which he did, and then defended the claim. The last he heard from this was November 2007 and the letter from Court saying that the Claim was stayed.

 

I have now decided to send a CPR letter to Egg and defend the claim, but I would be grateful if someone could advise me whether I should do exactly as my husbands claim, or anything different?

 

Many thanks,

 

SKS

Edited September 4, 2008 by im4347
Wrong date

[im4347]

Hi all

 

I could really do with some advice regarding my previous post:

 

Hi all

 

After sending Egg a 'S.A.R - (Subject Access Request)' request and the letter drafted by Shane5408 (see 14th November 2007 reply above) on 15th November 2007, I didn't hear back from them apart from a letter dated the 24th November 2007 stating that on checking my account I should have by now received the signed credit agreement and that I can view the Terms & Conditions on the website at any time.

 

The whole point of the second letter to them was the fact that they did not supply the Original T&Cs that the purported agreement makes reference to.

 

I didn't hear back from Egg apart from a letter from CapQuest and a letter from H L Legal in January 2008 threating to take me to court.

 

This week Monday 1st September 2008, I received a letter from a solicitor and a Court Claim from Egg. The Solicitors are 'Bryan Carter & Co'. The letter stated that they have issued litigation proceedings in the County Court and I should hear from them in the next 48 hours (both arrived on the same day and were dated the same). I have also noticed that the Egg head office address has changed from the Derby address to, 'CitiGroup Centre, Canada Square, London, E14 5LB'.....

 

My husband had a very similar problem. Please see the following thread:

 

http://www.consumeractiongroup.co.uk...ghlight=im4347

 

Pete advised him to send the CPR letter which he did, and then defended the claim. The last he heard from this was November 2007 and the letter from Court saying that the Claim was stayed.

 

I have now decided to send a CPR letter to Egg and defend the claim, but I would be grateful if someone could advise me whether I should do exactly as my husbands claim, or anything different?

 

Many thanks,

 

SKS

 

Many thanks again,

 

SKS

[Mistermind]

Hi all

 

After sending Egg a 'S.A.R - (Subject Access Request)' request and the letter drafted by Shane5408 (see 14th November 2007 reply above) on 15th November 2007, I didn't hear back from them apart from a letter dated the 24th November 2007 stating that on checking my account I should have by now received the signed credit agreement and that I can view the Terms & Conditions on the website at any time.

 

The whole point of the second letter to them was the fact that they did not supply the Original T&Cs that the purported agreement makes reference to.

 

 

I understand you are disputing the enforceability of CCA by reason of non-supply of T&C "that the purported agreement makes reference to" (exactly what form of words was this reference?) whereas Egg say that as an online company their T&C are on view on the website at any time.

 

This is a similar dispute to the following thread which has gone quiet. You might like to politely PM blades65 to see if there is any helpful info from one who travelled the route before you:

 

http://www.consumeractiongroup.co.uk/forum/egg/154766-blades65-egg-arc-munn.html?highlight=online#post1648683

 

What was the date of your CCA?

 

Good luck.

[im4347]

Hi Mistermind

 

Thanks for replying.

 

My CCA dates back to 2005.

 

The T&Cs currently on the Egg website are new and obviously not the original T&Cs.

 

They have not complied fully with my request, the Act clear states a statement of account must be supplied as well as any document referred to in the agreement, which includes any further t&c's and also the cancellation details they should of sent you. The Act also states that if they do not comply fuly within 12 days they are in default and if a further 1 month passes they commit a summary criminal offence, while they are in default they cannot enforce the debt in any way.

 

I will get in touch with Blade65 and see how he/she got on.

 

Thanks.

 

SKS

[im4347]

Hi all

 

I sent a CPR letter to Egg at the registered adderss (Citigroup Centre, London), didn't hear anything back and I sent a defence letter to court (see below for both letters).

 

I received a letter from Bryan Carter & Co Solicitors (BC) after the defence had been filed and the court sent them a copy of my defence. Their letter enclosed my CCA and T&Cs for Dec 2005 and Oct 2007, and my statements. They have also stated in the letter that I have 14 days to contact them with a proposal for repayments or they will apply to the court to strike out the defence for summary judgment.

 

I have ony 7 days left, as I have been away, and now i'm worried as what to do next. I would really appreciate some help. :-?

 

Thanks,

SKS

 

My CPR letter (template I used from this site):

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Egg Plc.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

My Defence Letter (Thanx to Pt2537):

 

 

Claim number

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

xxxxxxxxxxxxx - Defendant

 

 

 

Defence

 

• Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

  
  

• The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

  
  

• The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

  
  

a)The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any Notice of Assignment required for the claimant to have a legitimate right of action for the purported debt or any other matters necessary to substantiate the claimant’s claim.

 

 

 

b)A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

 

 

c)A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

 

 

4.Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

 

 

 

5.In respect of that which is denied, on xx/xx/2007 I requested that the claimant provide a true copy of the executed credit agreement, which they claim exists between parties pursuant to section 78(1) Consumer Credit Act 1974. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request.

 

 

 

6.Section 78 (6) consumer Credit Act 1974 sets out the consequences of failure to comply with such request and states s78 (6) If the creditor under an agreement fails to comply with subsection (1)—

 

 

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

 

 

(b) if the default continues for one month he commits an offence.

 

 

 

7.It is drawn to the courts attention that the claimant has failed to comply with my request and is in clear default of its obligations under s78 (1) Consumer Credit Act 1974 and it is averred that the claimant has no right of action until such time as the default is remedied and the true copy of the executed agreement is produced before the defendant containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by the debtor and creditor

 

 

 

8.Therefore since the documents have not been supplied as requested pursuant to the Consumer Credit Act 1974 I deny that I am liable to the claimant and put the claimant to strict proof that such enforceable agreement between parties exists

 

 

 

9.Further to the case, in an attempt to ascertain what grounds the claimant is bringing this action and to allow me to prepare my defence I requested on xx/xx/2007 the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

 

 

10.To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested

 

 

 

11.The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

 

 

 

1.Number of repayments;

 

 

 

2.Amount of repayments;

 

 

 

3.Frequency and timing of repayments;

 

 

 

4.Dates of repayments;

 

 

 

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

 

12.The courts attention is also drawn to the fact that where an agreement does not have the prescribed terms as stated in point 11 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

 

 

13.Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the particulars of claim

 

 

 

14.It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

 

 

15.Notwithstanding point 13, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

 

 

16.Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

 

 

17.Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

 

 

18.In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

 

 

19.Alternatively if the court decides not to strike out the claimants case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules

 

 

 

20.Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act1970. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.

 

 

 

21.I respectfully ask the permission of the court to amend this defence when the claimant provides the above documents

 

 

 

Statement of Truth

 

I XXXXXXXX, believe the above statement to be true and factual

 

Signed …………………

 

Date

 

Edited October 16, 2008 by im4347

[rory32]

Have they supplied a list of the charges applied to the account?

[im4347]

Hi Rory32

 

Thanks for replying.

 

Have they supplied a list of the charges applied to the account?

 

The only information they have sent me is the CCA, T&Cs for 2005 and 2007, and statements which show charges that have been applied to the account.

 

Regards,

 

SKS

[im4347]

Hi all

 

I'm in urgent need of help as I have 3 days left to contact BC with a proposal for repayments or they will apply to the court to strike out the defence for summary judgment (Please see previous post dated 16th October 2008.

 

I am panicing now, please can someone help.

 

Kind regards,

 

SKS

Edited October 19, 2008 by im4347