Urgent help needed with defense. Weightmans/Equidebt

[echo394]

Hi, hubby received county court papers from weightmans on behalf of equidebt (who are still in default of a CCA request.)

 

I've acknowledged services and as advised i have also sent weightmans a CPR letter and they have responded saying they will ask their client for the documents and forward them on. Defense needs to be in this week and i really dont know what i should be putting. I dont want to put the wrong thing down and hubby ending up with a ccj.

 

The POC are as follows

 

1. By a credit agreement ("the Agreement") the defendant entered into a contract for the provision of credit services with the original creditor. This agreement is regulated by the consumer credit act 1974.

2. on the 17/09/09, the claimant, which has its registered office at equity house, Ettington road, Wellesbourne, Warwickshire, cv35 9ga, acquired all of the original creditors rights in relation to the agreement.

3. the defendant is indebted to the claimant in the sum of xxx.xx in respect of the principle sum and interest due under the agreement.

4. the defendant has breached the agreement by failing to make the payments specified under the terms of the agreement.

5. accordingly, the defendant was sent a default notice in respect of the agreement pursuant to section 87(1) of the consumer credit act 1974. the notice informed the

 

 

 

Please can someone give me a few pointers on what i should be saying in the defence.

 

Many thanks for your help

[Zimmie]

Hi, I've had a claim issued against me by Weightmans/Equidebt too....same incomplete sentence at the end!

 

This is the defence that I was given to use, you could use it as a guide and adjust it to suit your circumstances.

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

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

 

3. 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;

 

3a) 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 method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

3b) 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.

 

3c) 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. On receipt of the claim form, the Defendant requested from the acting Solicitors, by way of CPR (enter which one.. 18 or 31.14 ?) information which is mentioned in the Particular of Claim but due to the limitations of the filing method were not attached to the claim form.

 

 

4a) The information requested was for a copy of the agreement on which the Claimant bases it's claim.

 

 

4b) Notice and Deed of Assignment, which would confirm the Claimant's right to bring this claim/action.

 

 

4c) Default and Termination Notices which the Defendant has not received from the Original Creditor.

 

 

4d) Statements showing how the sum claimed has been arrived at.

 

 

5. It has been confirmed via the Royal Mail Website that this letter was received on (DATE OF RECEIPT BY SOLICITOR)

 

 

6. Consequently, I deny all allegations on the Particulars of Claim and put the claimant to strict proof thereof

 

 

7. I respectfully request the Court’s permission to submit an amended defence in the event that the Claimant provides the information requested.

 

 

 

 

Its also of a suitable word count to submit online if the claim was issued from Northampton.

 

Hope this goes someway to helping you.

 

All the best

[echo394]

Thank you so much Zimmie that is a great help. Good to know i can do it online as well, i thought it was only the AOS i could do online. I dont feel quite as stressed now.