Court Claim separate Cards One Claim

Revise defence sorry ..

oh well what is done is done

but you havent put the key points in i dont think

you really need a strong part 18 request now to help you.

did you mention that they have breached your CCA request ?

One moment I will copy paste ...
Sorry I believed I had untill 4pm today and re calculated what I thought correct ..

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

actually that is not as bad as i thought it might be

shame that you mentioned a default notice as they have not pleaded one but sending a part 18 request for further information will likely help you.

you can relax for now but if you haven't already done so i would send a SAR to both the original creditors.

memegirl777: As Waylander62 said to you earlier: "why leave it so damn late!!"

So whether you put "urgent" on your post or not, your matter is urgent and people are now having to drop whatever they're doing / may have had planned to support you at the 11th hour.  

If you can't see that that's not fair, well...

Morning,
Yes I intended on an SAR req although they make me nervous because if I've asked for the documents they're more likely to act and then they're sat on the surface waiting for the DCA rather than buried somewhere ( all be it in a computer file )
I should I send A CPR now before the 28th or can it wait a couple of days so I can draw up a good one

Send the SAR ,they have what they have. You need to see what they have.
Dont know what you mean by draw up a good one.
Its so simple ,you want any and all data they hold on you,nothing more nothing less.

Sorry I meant a good CPR

make the request under part 18 a good one so if it takes a bit of time then so be it but ask the right questions put them to task on everything.

a SAR is a must, if they are not confident of proceeding the claimant will allow it to become stayed , they then have 6 years to come up with the paperwork, lift the stay and win the case so it is better to see what they might produce in the future now rather than get hit in 12 months time with an application to lift the stay, and strike out the defence ( you only get 7 days to reply to this ) seen this happen too often.

currently they have no case their claim is a joke and no evidence get this right and you can see them off pretty quickly but you may need to make an application of your own to the court.

Thankyou Waylander I will do a little research this weekend,
And use my SAR template to good effect ,
Thankyou for your help.

Well done memegirl777. That's the key (for you and everyone viewing the debt forum): your own research and making sure you have the facts - i.e. evidence - required to hopefully succeed.