County Court Claim received MBNA\Restons

[LB145]

Hi LB, sorry I can't really help much at this point but did find this thread, it's very long but may be of use.

 

 

http://www.consumeractiongroup.co.uk/forum/DCA-legal-successes/170484-fairbyblue-mbna-restons-court-49.html#post2355090

 

Thanks Dotty - I have been reading Fairbyblues thread for days - my its so long but she got there in the end! I can relate to some of the panic moments - but my next thing to do now is my defence - have had work commitments all weekend and am being pulled in so many directions that all are urgent and need immediate input - how people find time to be bored is way beyond me - finding time to breathe is enough and I cant remember the last time I got to drink my tea/coffee hot!!- so all help welcome.

Edited February 8, 2010 by LB145

[LB145]

Still nothing in post from Restons in response to the CPR 31:14 - so an Embarrised defence would be the way to go?

 

Update: Only ever received copy of Application Form dated 2001, no signed CCA ever given - Faulty Default Notice etc - All advice on other threads is to cover all points on the "Particulars of Claim" - I have just spoken with Northampton and they have advised that I put in that Restons have asked for two further proofs of signature in delaying my defence and that they have not responded with any information requested.

[LB145]

Need to file defence on-line 10th Feb would appreciate any comments. Thanks to those that have pointed me in the direction or am I just totally lost?

 

In the Northampton county court

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures.

 

The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure.

 

Claim number: xxxxxxxx

 

Between

 

MBNA Europe Bank Ltd

 

And

 

Mr xxxxxxxxxx

1. Ixxxxxxxxxxxi of xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by MBNA Europe Bank Ltd

 

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

 

4. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

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.

 

b) No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

c) 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.

 

d) 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.

 

5. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, 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:

 

The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

6. Consequently, it is proving difficult to plead to the particulars as matters stand.

 

The Request for Disclosure

 

7. Further to the case, on 16/01/2010 I the defendant requested the disclosure of information pursuant to CPR 31.14, the claimants solicitors requested “proof of signature” despite corresponding with defendant previously, on the 18/01/2010 a second request for the disclosure of information pursuant to CPR 31.14 was sent and received to the claimant. On 25/01/2010 the claimants solicitor required a further proof of signature to confirm identity. On 28/01/2010 a third request was made for the disclosure of information pursuant to CPR 31.14 which is vital to this case from the claimant. Still no response and proof of delivery is held by the Defendant.

 

 

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

 

Conclusion

 

9. In view of matters pleaded I respectfully request that the court order the claimant to produce the original signed agreement before the court to show the form and content of it and that it complies with the regulations referred to in this defence, otherwise the courts powers of enforcement are surely limited in these circumstances.

 

10. Should the claimant be unable to produce the original agreement signed by both debtor and creditor and containing the prescribed terms, I request that the court uses its powers under section 142 Consumer Credit Act 1974 and declare the agreement supplied by the claimant unenforceable.

 

11. The claimant's case cannot succeed as matters stand. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4

 

12. 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, the Claimant's behavior is entirely vexatious and wholly unreasonable.

 

13. I respectfully ask the permission of the court that I be allowed to amend this defence and counterclaim when the claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

This claim should never have been brought before the court as the claimant would most certainly be aware of the case law quoted and that such action would have little prospect of success without the credit agreement or a copy of it, therefore I invite the claimant to give serious consideration to withdrawing this claim. Should the claimant fail to withdraw their claim I shall request the court consider costs incurred by the defendant in defending this claim and shall forward a schedule of costs for the court to give consideration to should this proceed to trial and judgment be given in my favour.

 

Statement of Truth

 

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

 

Signed

 

Date xxxxxx/2010

Would appreciate any comments please!

Edited February 8, 2010 by citizenB
removed annoying font formatting commands

[vint1954]

Have been trawling the threads again - came across this -

 

"But then again by asking for the docs it is because it is in dispute if you indeed owe any of this orig debt in the first place. Perhaps you can remind them in your reply that you have an excellent chance of successfully defending this case and remind them of.....

 

Sir Andrew Morritt's view in the Court of Appeal on the whole issue of CCAs:

Quote:

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid”.

 

 

Thanks MDAW (been reading yours and Royalblue's) and may use part of your defence - can you confirm that you did not receive a reply from your CPR 31:14

Yes, That nugget is for your witness statement.

[sharmar]

Hi LB145,

 

Subscribed to your thread!

 

I'm also dealing with MBNA/Restons!

 

I submitted a short embarrassed defence as Restons failed to respond to my CPR 31.14 request.

 

I'm slightly ahead of you, at Allocation Questionnaire stage now and still nothing from Restons!

 

Bit nervous about the next stage but gotta keep up the fight!

 

Sharmar

[citizenB]

I sent my letter to Restons Special Delivery and have just received a letter back from Restons stating that my "draft" letter has not been signed and they will not acknowledge receipt nor provide any response unless I sign the letter!

 

So, if they arent sure you are you.. how come they issued a claim against you ?? Plonkers..

 

Received another letter from Reston's stating that my signature does not match the one on their file so they now require copy of driving licence or passport before they will release the relevant documents.

 

You do not have to provide them with these documents. Apart from which.. what would htey require if you didnt have either ??

 

This letter has been playing on my mind through the night - you know how thye get you! The wording of their letter:

 

"The signature on this letter greatly differs from the signature on the Credit Agreement we hold. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. As we are not certain we are correspondng witht he correct person we must ask that you provide evidence of your current signature e.g passport or driving licesnce. Without this we are not prepared to release copies of any of the documentation requested."

 

By the way this has not been signed by the Litagation Exec but p.p. by someone!!!

 

Also the "credit agreement" they refer to is the Application Form - in my sending yet another proof of signature am I accepting that the Application Form is the Credit Agreement or do I still need to clarify my opinion with them or will they use this against me in court??? (the mnd is going into overdrive ).

 

And is the delaying of them sending the information going to hinder my defence, as I need to "Acknowledge my intention to defend" on line by the end of this week??

 

IMHO, they are just trying to phsyce you out.. they very rarely respond to CPR 31.14 in any event.

 

Just transferring information.

 

POC:

 

Yes from Northampton -

 

"Particulars of Claim

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT DATED ON OR ABOUT xxxxxxxxx IN THE SUM OF xxxxxxxx INCLUSIVE OF INTEREST TO THE DATE OF THIS SUMMONS AT 8% PER ANNUM FROM xxxxxxxxx TO xxxxxxxxxx

 

PARTICULARS A/C NO:************

 

DATE ITEM VALUE

xxxxxxxxxx DEFAULT BALANCE xxxxxxxxxx

POST REFRI CR NIL

 

xxxxxxxxxx INTEREST xxxxxxxx

TOTAL- xxxxxxxxxx

 

TOGETHER WITH:-

INTEREST PURSUANT TO S69 COUNTY COURTS ACT 19 AT THE RATE OF xxxxxxxxx PENCE PER DAY TO THE DATE OF JUDGEMENT OR SOONER PAYMENT."

 

You would think they would have learnt how to produce a decent POC as well as realising they ARE NOT allowed to add the s69 interest.

 

Your defence looks ok to me.

[royalblue1878]

That section 69 interest thing really gets me! They know damn well they are not allowed.

 

Just think of all the uncontested court claims that they win by default, that's why they do it, theft I say! (so there:p)

[vint1954]

Hi LB145,

 

Subscribed to your thread!

 

I'm also dealing with MBNA/Restons!

 

I submitted a short embarrassed defence as Restons failed to respond to my CPR 31.14 request.

 

I'm slightly ahead of you, at Allocation Questionnaire stage now and still nothing from Restons!

 

Bit nervous about the next stage but gotta keep up the fight!

 

Sharmar

How did it get to AQ stage without a response to CPR?

[LB145]

Citizen welcome aboard!- great to have your input.

 

Vint - very pleased to hear from you - thought everyone was ignoring my invite - no one likes a desperate host!

 

Sharmar - will keep watch on yours to.

 

How's the draft defence - any pointers - corrections - complete changes?

[LB145]

Restons have replied to the CPR 31.14 the letter is dated 5th Feb - the envelope postmark is 8th Feb - marked URGENT - not urgent enough to be posted on the 5th though!?!

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/RestonsCPR3114response.jpg

 

1. Credit Agreement - Application Form as previously sent dated XX.05.01

 

2.Original Terms & Conditions - so badly photocopied unreadable but they are different to the ones photocopied on the back of the application form?

 

3. Most recent Terms & Conditions - enclosed

4.Recreated Default Notice - looks the same info just some text aligned differently.

 

 

"Please note that a Termination Notice is not applicable in this instance. We do not hold a copy of the MBNA communications log. If you wish to seea copy of this you must make a formal request in the correct format and pay the relevant fee. This document is not referred to in the Particulars of Claim and therefore we are not obliged to provide a copy.

 

We note your reference to Paragragp Direction 16. Please note, however, that the Claim was issued via the Combined Court Bulk Centre. Paragraph 1.4(3A) of Practice Direction 16 specifically states "The requirement in paragraph 7.3 of practice direction 16 (statements of case) for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre..."

 

Now I need to change defence - although still no proper CCA just application - needs to be done 10th Feb

Edited February 9, 2010 by LB145
Hit return by mistake

[vint1954]

Restons have replied to the CPR 31.14 the letter is dated 5th Feb - the envelope postmark is 8th Feb - marked URGENT - not urgent enough to be posted on the 5th though!?!

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/RestonsCPR3114response.jpg

 

1. Credit Agreement - Application Form as previously sent dated XX.05.01

 

2.Original Terms & Conditions - so badly photocopied unreadable but they are different to the ones photocopied on the back of the application form?

 

3. Most recent Terms & Conditions - enclosed

4.Recreated Default Notice - looks the same info just some text aligned differently.

 

 

"Please note that a Termination Notice is not applicable in this instance. We do not hold a copy of the MBNA communications log. If you wish to seea copy of this you must make a formal request in the correct format and pay the relevant fee. This document is not referred to in the Particulars of Claim and therefore we are not obliged to provide a copy.

 

We note your reference to Paragragp Direction 16. Please note, however, that the Claim was issued via the Combined Court Bulk Centre. Paragraph 1.4(3A) of Practice Direction 16 specifically states "The requirement in paragraph 7.3 of practice direction 16 (statements of case) for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre..."

 

Now I need to change defence - although still no proper CCA just application - needs to be done 10th Feb

If you are happy with the documents, you will need to file a full defence. If not, then you can only file your embarrassed defence and go back to Restons aand say they have not complied.

[vint1954]

It might pay at this stage to list down the the problems with the DN and the agreement, to attack those.

[LB145]

I am totally flapping - thought I had everything for defence ready - URGENTLY need assistance - please

 

April 15th Formal application for CCA

May 11th 2009 - Offical dispute letter

 

Default Notice - sent second class dated 03 Nov 2009- to remedy by 3rd December 2009 http://i713.photobucket.com/albums/w...iceBlanked.jpg

 

Application Form Side 1 (NOT CCA) - Restons letter said previously this is CCA

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide1July09Blanke.jpg

 

Application Form Side 2: Unreadable t&C's - unreadable

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide2July09.jpg

 

Restons sent first letter on 3rd December on behalf of MBNA

 

Restons sent letter 4th Jan - copy of Application Form etc

 

16th Jan 2010 received Claim Form from Northampton Court

[LB145]

My last SAR was back in May received info in about 7th July 2009

- will send off a new one with £10 today to get updated info - or is this to late to make a difference? Do I need to add any additonal wording to the template as MBNA have started proceedings so as to get the info quicker?

[vint1954]

I am totally flapping - thought I had everything for defence ready - URGENTLY need assistance - please

 

April 15th Formal application for CCA

May 11th 2009 - Offical dispute letter

 

Default Notice - sent second class dated 03 Nov 2009- to remedy by 3rd December 2009 Image hosting, free photo sharing & video sharing at Photobucket

 

Cannot see this LB.

 

Application Form Side 1 (NOT CCA) - Restons letter said previously this is CCA

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide1July09Blanke.jpg

 

This is illegible, devoid of prescribed terms and not linked to the reverse.

 

Application Form Side 2: Unreadable t&C's - unreadable

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide2July09.jpg

 

This is a mock up. Have they called it a reconstructed or are they claiming its real. The column on the right is part missing.

 

Restons sent first letter on 3rd December on behalf of MBNA

 

Restons sent letter 4th Jan - copy of Application Form etc

 

16th Jan 2010 received Claim Form from Northampton Court

 

You have 5 days from the date of the claim for service.

 

A further 14 days to acknowledge then a further 14 days for your defence. 33 days total from the date of the claim.

Vint

[LB145]

You have 5 days from the date of the claim for service.

 

A further 14 days to acknowledge then a further 14 days for your defence. 33 days total from the date of the claim.

Vint

 

 

Thanks for your time Vint -

 

Default Notice - will try again: http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAccount1DefaultNoticeBlanked.jpg

 

Teh calender timescale you gave me was acknowledge on line 28th Feb and file defence 10th Feb - I am going by this - hence the flap!!

[vint1954]

Your DN is ok, sorry to say. You need to build defence around

 

1 The agreement being an application form, devoid of prescribed terms

 

2 The reverse does not belong with the front and is reconstructed.

 

3. The need to have the original in court.

 

4 The illegibility of the documents supplied.

 

5 Lack of response from Restons to CPR 31.14 so you are still embarrassed.

[LB145]

Your DN is ok, sorry to say. You need to build defence around

 

1 The agreement being an application form, devoid of prescribed terms

 

2 The reverse does not belong with the front and is reconstructed.

 

3. The need to have the original in court.

 

4 The illegibility of the documents supplied.

 

5 Lack of response from Restons to CPR 31.14 so you are still embarrassed.

 

Not happy with the documents provided also still no CCA - so use the embarrased defence that I posted earlier?? - if it is too much info (long winded what would you suggest be reworded/removed? I want to get this done as I am going back ond forth on threads and and am "treading water" and not crossing off my "Done List"

[vint1954]

Hi LB,

 

i have some important things I must do myself at present.

 

If you are in real dificulty, then try clicking the red and white triangle next to your defence post and ask for an oppinion.

 

Vint

[LB145]

Hi LB,

 

i have some important things I must do myself at present.

 

If you are in real dificulty, then try clicking the red and white triangle next to your defence post and ask for an oppinion.

 

Vint

 

Thanks Vint - I understand - time is precious - I have to do two school runs now - package and post 10+ parcels, and do my SAR letters - trouble is everyday things get in the way and this all takes so long - expecially if yor computer is as ancient as mine !

[supasnooper]

Your defence is unique to your case and it really should be done by you.

 

After all, who knows your case better and please do bear in mind it is you who will be explaining it to a Judge.

 

Vint has given you some good pointers as to what you need to put down.

 

You cannot put in an embarresed defence as you have some documentation.

As you are not happy with the docs, use the points raised as part of your defence.

 

Some of pt2537's defences are below and include other defences that Paul has approved.

Use them as a Guide for yours.

 

CL Finance Ltd. Recieved a court claim form**WON** Discontinued

 

Lloyds TSB Credit Card - Claim form received

 

Help! - AMEX No CCA and they've started court action. **DISCONTINUED**

[LB145]

Currently trawling throught the threads and trying to put together another defence - - really struggling -

 

Supasnooper I understand what you are saying about it will be me in court therefore it is for me to understand and do my own defence - I am able to hold myself well and speak up where neceessary but it is the written words that I am struggling to put together - I can educate myself with the full terminology and "laws" more when the defence has been submitted.

[LB145]

Here goes another stab at my defence - the documents they are relying on is the Application Form! - reconstructed form and dodgy T&C's

 

Any help and advice with correct puntuation, terminology - the whole thing etc (lol) greatly appreciated! I am very vauge about the beginning with the embarrised thing as I had a response from Restons finally today so no CCA - just application form I am still embarrised? - My cheeks definately are - Was Served on 16th Jan -I am working on deadline tomorrow as I acknowledged on 28th Jan

 

In the Northampton county court

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing all of the requested documents

 

The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures.

The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure.

 

Claim number: xxxxxxxx

 

Between

 

MBNA EUROPE BANK LIMITED Europe Bank Ltd

 

And

 

Mr xxxxxxxxxx

 

1. Ixxxxxxxxxxxi of xxxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by MBNA Europe Bank Ltd

 

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

 

4. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

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.

 

b) No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

c) 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.

 

d) 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.

 

5. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, 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:

 

The general rule

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer

Credit Act 1974;

 

6. Consequently, it is proving difficult to plead to the particulars as matters stand.

The Request for Disclosure

 

7. Further to the case, on 16/01/2010 I the Defendant requested the disclosure of information pursuant to CPR 31.14, the claimants solicitors requested “proof of signature” despite corresponding with Defendant previously, on the 18/01/2010 a second request for the disclosure of information pursuant to CPR 31.14 was sent and received to the claimant. On 25/01/2010 the claimants solicitor required a further proof of signature to confirm identity. On 28/01/2010 a third request was made for the disclosure of information pursuant to CPR 31.14 which is vital to this case from the claimant. On 09/02/2010 the Defendant received incomplete documents from the CPR 31.14 request for disclosure.

 

8. To date I have not received all documentation requested under the CPR, 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. In the build up to this action, I had raised a formal dispute with MBNA Europe Bank Limited on the xx/xx/2009 I wrote to MBNA Europe Bank Limited requesting a copy of the Credit Agreement pursuant to section 78(1) Consumer Credit Act 1974. This request was received on the xx/xx/2009.

9.1 On xx/xx/2009 the claimant supplied a copy of an application form, which was of extremely poor quality and contained none of the terms required by the Consumer Credit Agreements Regulations 1983. The reverse of this application form does not belong on the front and is a reconstruction. Accordingly I wrote to the claimant setting out the issues

 

10. In view of the matters pleaded above, the Defendant respectfully requests that the Court gives consideration as to whether the Claimant’s Particulars of Claim should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

11. In the alternative if the Court decides not to strike out the Claimant’s case, in order for the Defendant to determine that the documents the Claimant claims to be relying upon are properly executed and contain the required prescribed terms and correct figures as to make such an Agreement enforceable by virtue of s.87 Consumer Credit Act (1974), the Defendant respectfully requests that the Court orders full disclosure of the following documents pursuant to the Civil Procedure Rules:

 

11.1 A copy of the executed Agreement as referred to in the Particulars of Claim, containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by both the debtor and creditor;

 

11.2 A copy of the terms & conditions as referred to in, and in force at the time of, any such executed Agreement;

 

11.3 A copy of any Default and/or Termination Notice as referred to in the Particulars of Claim and issued under the terms of any such executed Agreement;

 

11.4 A statement of account, signed by or on behalf of the Claimant showing:

- the state of the account, and

- the amount, if any, currently payable under the agreement by the debtor to the creditor, and

- the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor;

 

11.5 A transcript of all transactions, including charges, fees, interest and alleged repayments;

 

11.6 A full breakdown of how the sum claimed has been calculated;

 

11.7 Any other documents the Claimant seeks to rely on.

 

12. It is further denied that the Claimant is entitled to the sum of £xxxx.xx claimed or any other relief thereon.

Conclusion

 

13. In view of matters pleaded I respectfully request that the court order the claimant to produce the original signed agreement before the court to show the form and content of it and that it complies with the regulations referred to in this defence, otherwise the courts powers of enforcement are surely limited in these circumstances.

 

14. Should the claimant be unable to produce the original agreement signed by both debtor and creditor and containing the prescribed terms, I request that the court uses its powers under section 142 Consumer Credit Act 1974 and declare the agreement supplied by the claimant unenforceable.

 

15. The claimant's case cannot succeed as matters stand. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4

 

16. 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, the Claimant's behavior is entirely vexatious and wholly unreasonable.

 

17. I respectfully ask the permission of the court that I be allowed to amend this defence and counterclaim when the claimant provides full disclosure of the requested documents and allows inspection of the original documents.

This claim should never have been brought before the court as the claimant would most certainly be aware of the case law quoted and that such action would have little prospect of success without the credit agreement or a copy of it, therefore I invite the claimant to give serious consideration to withdrawing this claim. Should the claimant fail to withdraw their claim I shall request the court consider costs incurred by the Defendant in defending this claim and shall forward a schedule of costs for the court to give consideration to should this proceed to trial and judgment be given in my favour.

 

Statement of Truth

 

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

 

Signed

Date xxxxxx/2010

Edited February 9, 2010 by LB145
Tried to get rid of HTML tags

[LB145]

Hey - there was a few of you viewing - I have put my defence up and you've all left the building - don't blame you this day has had my head spinning - got to go sleep and be fresh for the morning!

[gill5blue]

Hi LB

I am not able to help you, on my own thread the defence I had was not good enough. Hopefully someone will help you

Gill5blue