Arrow/? Claimform - Old Aqua Card debt - defence used to try and buy time...

[puddleboots]

Isn't the link you posted what I just posted?

 

CPR 31:14. I send that to the solicitors? And a CCA to the Claimant?

 

What have I missed?

[dx100uk]

nothing bar not reading the top line of all our templates which say....

[puddleboots]

nothing bar not reading the top line of all our templates which say....

 

Ah, ok, I got you...letters from our library should not be reproduced on the open forums. If you would like to let people know the wording of your letters simply link to the Letter in question.

 

I don't know how to link to the letter....all I wanted to know was if I needed to keep the third sentence? I'm not sure what it means....is it in ref to sending a CCA request, if so I'll keep it in?

 

Do you not think it's too late to send a CPR, defence on Friday?

[AndyOrch]

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Given you have only just sent a CCA request...simply remove the " That request was ignored"

 

Yes send the CPR 31.14

[puddleboots]

Thanks, doing it now, PB

[puddleboots]

just going to put in this defence...bearing in mind I've only just sent the CCA and CPR in a few days ago so edited slightly to take that into consideration.

 

 

1. The claim is for the sum of £3564.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with under account number xxxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with

3. The balance owed was assigned from Idem Capital Securities Ltd to the claimant, and the defendant has been notified of the assignment letter

 

 

#####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 in the past had an agreement with Aqua but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

7. It is therefore not accepted 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 and;

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

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as 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

 

10. 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.

 

Thanks. PB

[dx100uk]

I've inserted their poc

cant see where they tell you its an aqua card?

[AndyOrch]

Only you are aware it actually relates to this Aqua Card PB because of the account number and possibly previous correspondence from Idem Capital Securities Ltd and Arrow. Dont assist the claimant and feed them information or help to rectify their errors in pleading.

 

I think you should edit your point 2 to read.......

 

 

2. Paragraph 1 is noted.Although I am unaware what credit card agreement the claimant refers to.It is denied I have have ever entered into a credit agreement with Idem Capital Securities Ltd ,a Debt Collector I understand.I do not recognise this specific account number the claimants claim relies upon or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

[puddleboots]

Thank you so much for your help, I've made those changes and now submitted my defence. PB