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Thansk for all the help and appolgies for not being online. I have mixed this court matter up with some other things that are going on and my actual deadline is tommorow. I have had nothing from d&g or hsbc.

 

 

Can anyone please help with a defence?

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TnF

 

You might try something like the following from another poster on another thread in a similar position as you. Make sure you change the date (in RED).

 

"IN THE Northampton county court

Case No xxxxxxxxxxxxx

Between:

xxxxxxxxxxxxxxxxx(Claiman t)

and

xxxxxxxxxxxxxxx(Defendant )

 

DEFENCE

 

1. I am the defendant in this action and make the following statement as my defence to the claim made by

 

2. 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.

 

3. The claimant has failed to set out how their claim is calculated nor do they set out the nature and scope of any charges contained within the figure claimed

 

4. The claimant has failed to also attach a copy of the credit agreement and default notice which they claim has been served under s87 (1) Consumer credit act 1974

 

5. The courts powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular the Credit agreement and the Default notice. Therefore these Documents must be produced before the court and must comply with the relevant sections of the consumer credit act and the regulations made under the act.

 

6. Consequently due to the claimants failure to supply the documents required under the Civil Procedure, I deny all allegations in the particulars of claim that I am indebted to the claimant in any way and put the claimant to strict proof thereof.

 

7. Further to the case, on xx OCTOBER 2010 I requested 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, to rely on, including any default notices or termination notices.

 

8. 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, especially given that I am Litigant in Person.

 

9. The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act and subsequent Regulations made under the Act exists.

10. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:.

11. I respectfully ask the court to use its case management powers to order the claimant to disclose the information requested within this defence document as it is vital to allow me the opportunity to defend this action properly and would be unjust and totally unfair to allow this action to continue without allowing me the opportunity to view the documents which form the basis of this claim.

 

Statement of Truth

 

 

I, believe the above statement to be true and factual

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 4 months later...

Hello all, as an update to this story, I had heard nothing at all so emailed the courts to find out if anything had happended.

 

The reply I recieved is as follows:

The case at present is, stayed, as no action has ben (sic) taken.

Can anyone help me with what this means as I cannot find or understand this. Many thanks.

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Hello all, as an update to this story, I had heard nothing at all so emailed the courts to find out if anything had happended.

 

The reply I recieved is as follows:

Can anyone help me with what this means as I cannot find or understand this. Many thanks.

 

You've filed a defence and its been passed to the claimant. They had 30 days to pay a hearing fee and indicate they were proceeding... it appears theyve not done this at present so the case is in limbo for the present. The longer they leave it the better it is for you as they'll have to apply to the court to re-instate the claim.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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