Arrow/? claimform - M&S Chargecard changed to Credit card

[AndyOrch]

Hi Maureen responding to your PM

 

 

If you could point me or post up the particulars of claim (verbatim).

 

 

Regards

 

 

Andy

[AndyOrch]

Without reading the history. Basically this is a agreement converted from store card to credit card ?

[AndyOrch]

So you are defending on the basis of :-

 

 

None compliance to a section 78 request and what has been disclosed is deficient of the prescribed terms?

 

 

No new agreement was ever signed for the credit conversion?

[AndyOrch]

Ok thank you Maureen

 

 

This will be a Fast Track claim being above 10K so you are liable for costs incurred rather than it being restricted as per Small Claims Track.

I can provide a basic CPR compliant defence which will buy you time to consider options/mediate with the claimant and try to avoid a judgment.

 

 

The above reasons for defence in my view are without merit and to most District Judges will come across as looking for loop holes to avoid paying the debt.

The reasons are valid and inline with the CCA 1974 but you must be prepared to research and study the law to be able to present your defence further.

 

 

You will be able to expand in detail when you get to Witness Statement stage.

 

 

Notwithstanding the above do you still wish to continue?

 

 

Regards

 

 

Andy

[AndyOrch]

Submitting a defence does not extinguish the claim but simply challenges the claim and extends the process...you either win or lose as in a trial.

 

 

From the proposed defence you have posted do you understand the points raised or have you taken them from the Santander/ mayhew judgment?

[AndyOrch]

Ok the following is a draft of a CPR compliant defence...its an holding defence that puts the claimant to proof to provide further information.

You will need to amend to suit.In particular point 2 should state that there is no current agreement after the card was converted.

 

 

Have a go at drafting using this and include relevant points and then it can be checked before you decide if you wish to continue to defend.

 

 

Defence

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2.Paragraph 1 is noted. I have had an agreement in the past with xxxxx but any alleged balance is and remains in dispute for faulty goods/services/.

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

 

7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Regards

 

 

Andy

[AndyOrch]

No problem maureen

[AndyOrch]

Hi all,

 

Just a update heard nothing from Shooies or anyone

 

 

Excellent that was the desired effect Maureen ...no news is good news.

 

 

Regards

 

Andy