Northampton CC Claim form received - can someone help please?

[flinko]

Thanks Andy, will take a look around for examples

[flinko]

Am I correct in thinking I have 5 days + 14 days + 14 days from the issue date to submit a defence? (5 days service, 14 days AoS, 14 days to submit claim)

 

The issue date on the claim form was 5th November so should have until Saturday 8th December to submit?

 

 

Also, Any thoughts on this defence statement please?

 

DEFENCE

 

 

1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim ('the Agreement' or contract) the Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request. The claim fails to disclose any cause of action and is extremely vague in nature. The claim fails to deal with the basic rules of CPR, even allowing for the constraints of a bulk issuer.

 

2. The defendant has absolutely no knowledge of any debt, and despite my asking for proof that a debt exists nothing has been forthcoming.

 

3. No documents supporting this claim have been attached in the particulars despite a request under CPR 31.14, and as a result of this, the defendant is unable to plead in defence to this claim.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original document he will rely on.

 

5. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract 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;

 

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

 

7. Furthermore, even 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

8. The claimant has failed to comply with sections III AND IV of the pre action conduct "practice directions"

 

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

 

10. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim

[AndyOrch]

" Am I correct in thinking I have 5 days + 14 days + 14 days from the issue date to submit a defence? (5 days service, 14 days AoS, 14 days to submit claim)

 

The issue date on the claim form was 5th November so should have until Saturday 8th December to submit? "

 

Correct

[flinko]

Update :

 

I have a hearing for my application next week and have been busy drafting a skeleton argument. However, the claimants have now (1 week before the hearing!) sent me a pack including the original agreement (which is for a loan from Egg and seems to be correct, my signature, dated August 2000 etc) - however they have sent a screen print of some computer code as evidence that I have been served a default notice and a letter from the claimant themselves to me, from 18 months ago, to say that Egg have assigned them the title, right to interest etc - aren't Egg themselves supposed to do this? also, surely a screen print isnt sufficient evidence of a default notice being served?

 

Not sure what to do now this week as this will obviously change my defence a bit. They have, of course, invited me to withdraw my application now they have fulfilled my CPR31.14 (despite being way past the deadline!)

any thoughts/pointers?

[AndyOrch]

I gave you a pointer in post#21 flinko....not to make application. Now you have some serious explaining to do at that hearing.

 

Either the assignor or the assignee can issue the NoA...and yes most DJs will accept a screen print as conformation a DN was issued.

 

Andy

[flinko]

bugger, either didn't notice or understand that, too late now I guess - I suppose I could withdraw but unless I can get this struck out I would more than likely have to declare bankruptcy anyway. The application was made on the basis that my CPR request wasn't complied with and was therefore unable to offer a full defence. When you say "serious explaining", what do you mean? - surely a screen print of a current status of an account is insufficient evidence of a notice being served?? Isn't it up to the claimant to provide the documents that form the basis of their PoC? what about Law of Property Act (1925) s196 - Regulations respecting notices - Since I never received any notice of assignment, then are they not in breach of this?

[flinko]

Apologies for the formatting once again.... If I don't withdraw from the hearing what is the worst that could happen cost wise?

[AndyOrch]

Creditors are not required to keep copies of Default Notices...just on screen verification.With regards to the NoA they can simply run a further copy of this at any point of the proceedings.Your only option now is to inform the Court you wish to vacate the hearing after you have agreed it with the claimant.The Claimant has or should not have incurred any costs for the hearing so its just you that lose out.

 

Taking into account what I have stated above it now appears that your defence has no merit so It may be prudent to try to discuss a settlement plan also whilst you agree the vacation.

 

Regards

 

Andy