Court Claim separate Cards One Claim

Hi folks very quick question as only 24hrs to get defence in,

I have a court claim form a DCA via Solicitors ,

My main question as I have googled and can not find a thing is..
They have claimed for 2 completely different cards from completely different companies in one claim,
I do not even know if that is lawful ?

If not  then that can be the starter of my defence ,

As how do you write one defence for 2 completely diff subjects  

I did send a cca way back and got nothing back but having moved things around I can only find the proof of postage and not sure which I did it for or if it covered all ,
I sent a second ccsa when I got the 30 day letter which they said they had not processed even though it was within time and they went ahead anyway with the claim ,

Are they just trying their luck for win in default ?

amount  is near £1500 for both inc fees and interest ,
to add I have put a complaint in to the solicitors about their conduct and had a very brief email of acknowledgement only
And heard nothing from the DCA at all despite speaking to them ( I know it should always be in writing but I had sent the CCA REQ So was shocked when the court claim turned up.

What is the story with these two cards, have the two (alleged) debts been sold to the same debt purchaser who in turn is the claimant? If so then I think that's perfectly straightforward as a single claim. I'm not sure of the situation if there are two different claimants chasing different sums of money.

Hello Flying fish ,
Yes that is correct the alleged debts are 2 diff cards from 2 diff lenders sold to the same dca ,
But a defence for 2 different cards is hard to fathom as I have to go start to finish on each ,
Which complicates matters and I am not sure if even lawful ,
I have been working on a friends £37,000 who was ill debt and let this take a back burner, sadly she died last week but at least her debt died with her ,
I'm quite sure it's a cost cutting episode as my friend I haven't seen in a good few years has just told me that the debt "management " firm she now works for are making huge redundancies because people have not been going paying for evenings out & holidays they've been paying off their debt instead ,
I wish !

One thing might be an issue, are the values such that the two cards would have been two separate Small Claims, but together the combined value comes to over £10K? If so then it could be argued that they are abusing the system in order to be able to claim higher costs.

Aside from that I can't really see an issue with a single claim covering two accounts, you would have to write defences for both in any case, it just makes the wording a bit fiddly as it will need to make clear which defence item applied to which account. It may be best to state as the first term that the claim is denied in its entirety. Then list all the defences for the first account, then those for the second.

what is in their particulars of claim ?

this will indicate whether they have informed the court of 2 debts/ 2 assignments/ 2 defaults etc. ( if they haven't done this then .......

its ok saying they can amalgamate 2 debts but there has to be 2 assignments, 2 agreements, 2 default notices and 2 separate deeds verifying lawful assignment and should be made clear in their statement of truth.

Hopefully attatched
Having absolutely no time whatsoever I did not even notice costs where missing off particulars of claim .

main part of defence is that no cause of action is pleaded

their pleadings are utterly crap, so many questions to be asked of them

what is the actual date of the claim form ?

and why leave it so damn late !!

April 22nd
I acknowledged on the 11th
They said they had put it on hold for 28 days and the court was aware which of course they where not .
So today is 28 days .
This is all I have had since claim ..

The other thing I'm thinking here.
Solicitors is overdales formally Lucas credit services .
Lucas credit services where not solicitors but magically changing their name has meant they are .
I do know that one DCA can not chase for another DCAs debt .

Atatched hopefully

.unfortunately
My other half has liver failure looking after him is a full time job and then my freind dieing having to sort that out and working ..
Yes it's late very late but I've pulled it out of the bag at the 11th hour before ..

This is my reply to their letter before claim which has ref on which was on letter before claim .
I have had nothing since .
They said this letter was not "possessed"
The claim should never of started

Just for your information, overdales are in house solicitors for Lowells,
Their registered office is at Lowells building.

so you responded to their letter before claim ? it is too small for me to read properly.

what did you request ?
did you send back the forms that accompanied your reply ?
have they responded to your reply to their LBA ?

you have until 28th may to submit a defence it needs to be done now.

have you ever sent an official CCA request ? for a copy of the agreement ?

what evidence have they provided ?

lot of questions but there is no time left.

Yes the letter is a CCA request they said I sent it to the DCA which is  why it took so long that is BS ,


It was as follows


Dear Sirs,

Reference:



I received your letter dated  on regarding an alleged  debt .

I have previously contacted your client via letter of the same to your client as discussed in a telephone call toy your office

Bellow is the contents of the afore mentioned letter which I shall request again .

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I also remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'.

1. a copy of their agreement
2. copies of some of the other documents mentioned in their agreement
3. a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

1. make the debtor pay the debt before they're supposed to
2. get a court judgment against the debtor


So, in line with these (FCA CONC) guidelines, and the Consumer Credit Act, , which is the statutory fee to request any such documentation regards this account .
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.

Yours faithfully,

Is the 28th defiantly correct ?
I worked it out to 25th , I entered acknowledgment 11th

This is what I have so far




1:I received the claim ( ) from the Northampton County Court
on 00/04/2021

2: This claim appears to be for a credit agreement regulated under
the Consumer Credit Act 1974.

3: in the claimant's particulars of Claim
There is no mention of documentation nor correspondence listed to prove the alleged debts exist .

4: The Defendant does not recall having entered in to an agreement with either """"""" or """""""""" .

5: The Claimants statement of case states that the accounts where assigned
assigned from
a. """""""""
b. """""""""""
The Defendant denies receiving notice of
this assignments.

6:lt is denied that """""""" or """""""""" served any Default Notice and it is questioned as to the authenticity of the documents in question.

7: On the """th April 2021 the defendant sent a request under the consumer credit act 1974 s77
to the claimant's solicitor ( registered address ) requesting documentation including deed of assignment , account reference clearly visible .


8:The Claimant has failed to comply with s77 (1) Consumer Credit
Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

9: The request was sent within the prescribed 30 days of a letter before claim yet a claim submitted .


10: At this stage the claimant has provided no documentation which proves they have a legal right to pursue the alleged debt.

11:upon the defendants request an explanation was given that the request had been sent to the Claimant """"""" which delayed the processing and overlapped the claim date ,The Defendant sent the request to the solicitors main office and the claimant is acting unlawfully by perusing the alleged debt without the required documents.

13. To date 00/05/2021 the documents have still not been provided



I am not a Solicitor.

I believe the above statement to be true

Defendant

""""""""""""

what you get is: 5 days from the date on the claim form ( known as service ) then you get a further 14 days to acknowledge service, then a further 14 days to submit a defence.

i can bolster the defence but i need to know, which you haven't yet said: HAVE THEY PROVIDED ANY DOCUMENTS ?

memegirl777 wrote:.unfortunately
My other half has liver failure looking after him is a full time job and then my freind dieing having to sort that out and working ..
Yes it's late very late but I've pulled it out of the bag at the 11th hour before ..

Whilst we are sorry to hear about your (tragic!) personal circumstances. Where you go on to say "yes it's very late but I've pulled out out of the bag at the 11th hour before...".

Maybe you have / maybe you will. But with respect, you haven't thought about the bigger picture. Do you think it's fair to assume that the very kind and helpful (and busy with their own lives) people on here are on hand 24/7 to help you "pull it out of the bag at the 11th hour"? Please show some respect for them As I say, they are very kind and helpful but also lead their own busy lives / cannot always be expected to drop everything at a moments notice and it us unfair to assume that pressure upon them.

Thank you for understanding and good luck!

Wallander..
No they have not sent any documentation to date
Except the original BS notice of assignments way back with their "hello" letter ..
I vave helped my " tragic" dead freind clear a £7000 debt with this DCA with a simple letter questioning the authenticity of the notice of assignments with her " hello " letter and will use this paperwork if it goes further ...
Mrblue ..
I have not put pressure on any one ..
I have very simply popped a note on on the forum asking one question as I could not find the answer on google or here after a hard search ..!
I was very active and I hope helpful on the old site before my life turned to pretty much shit !
So asking a question I feel is not to be frowned upon !
I haven't posted URGENT or PLEASE HELP
I just asked a question ....

Wallander..
That is what I thought but I rung the court re the supposed hold and was told I had untill the 11th to acknowledge so added 14 days to that = 25th ..

half of the court staff are clueless to be honest

we will get the defence done asap then send it via e mail to the court ( e mail address should be on the claim form )

i will do my best to help, do you know how to correctly format and lay out a defence ? and how to sign it as a statement of truth at the end ?

Wallander
I sent my crap defence in ( it's an edited version of one Tiggy helped me with in 2015 .
It was my evidence bundle that helped me with that .
No I do not know how to sign a declaration of truth I just finished it how Tiggy did ..
Can I ( re file ) defence ?
I had to email it as the online password did not work ..
Thankyou