Lowell CCBC claim form

Why not draft your defence and post up

The problem with an Unless order is that if you do not qualify for fee remission they cost £255 and as the debt is only 200 - is it worth it
Also in many cases I have seen, an unless order ends up with the Judge just ordering them to provide the docs by a certain date

maybe Tiggy can help on the defence

This is 1 of 2:

IN THE COUNTY COURT BUSINESS CENTRE
Case No

XXXXXXX Limited - Claimant

Vs

XXXXXXXX – Defendant

Defence
I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:


a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant on xxxxxxx’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.
d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on xxxxxxxx (as referenced in Section 1 of the Particulars of Claim).

VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.

VIII. I would also like to take this opportunity to remind you under Civil Procedure Rule Part 39 PD 39a (3.3) any documents upon which the claimant intends to rely the ORIGINALS should be brought to any subsequent hearing for examination.

Statement of Truth

I believe the facts stated in this defence are true.

DEFENCE LETTER2


CLAIM NO: xxxxxxxx
In the [insert court name] County Court

[insert name]

Claimant -AND-


[insert name]

Defendant

CASE SUMMARY

1. I am the Defendant in this case.

2. On DATE the Claimant wrote to the Defendant requesting repayment of an alleged debt, they had been assigned by NAME OF OC, marked CL1 [short for Claimant's Letter 1]

3. On DATE I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment, marked DL1 [short for Defendant's Letter 1]

4. On Date the Claimant responded to the Defendant's letter [state briefly whatever was in their letter], marked CL2.

5. On DATE I wrote to the Claimant restating my case to see the requested documents for Verification of the alleged debt and alleged assignment, marked DL2.

And so on and so forth, repeating as many times as needed.

X. On DATE the Claimant submitted a claim to Northampton County Court stating their particulars of claim.

X. I returned the Acknowledgement of Service on DATE

X. The Defendant sent out a CPR31.14 request letter on DATE, asking for the following documents to be produce in court:
[List the documents requested here].

X. To date I have not received an acknowledgement of my CPR31.14,nor does it appear any of the requested documents have been forthcoming. Or - The requested documents were received on DATE, but [List any failings, or the fact the agreement is unenforceable at law, etc.].

X. The Claimant contends that:-
[List in brief what they have stated in their letters and in their particulars of claim].

X. The Defendant rebuts all the above in that [List in brief what you have done and the Claimant's failings, such as the unenforceability of the agreement and as such, no claim should have been made, closing with the fact you respectfully request the Claimant's claim be Struck Out due to their lack of evidence, or Struck Out with prejudice if the agreement is unenforceable due to a lack of an agreement, or that the agreement,in of itself, is unenforceable and the reasons why].

Statement of Truth I believe the facts stated within this Case Summary to be true comprising of xx pages.

Dated this day XX of year XXXX.

Signed [type name]

I definitely, wouldn't go for an unless order, costs too much and you could get stuffed for costs (that can run into £000's if you lose.

Defence is standard, i have added to it but can't pull up a copy, case summary will obviously, need work.