Claimform from 'Blake Lapthorn' /Arrow Global old Mint debt **STAYED**

[Mike_hawk]

You can admit to entering into an agreement [assuming you did?] but make no admission to terms or quantum, putting the claimant to strict proof within your defence of the terms, its compliance with the act, the calculation of the quantum of its claim etc.

 

Strike out....... you'll have plenty of opportunity to consider whether the time is right to make an application. I wouldn't consider making any application until you receipt directions post aq stage. sct is usually geared toward standard disclosure pre trial. 'If' it decides to continue after reading your defence there'll be an opportunity to request disclosure within the aq [cost free], whether the court agrees to specifics is another matter but there's no rush from your side.

 

If they step in with an app for sj in the meantime we can cross that bridge when we come to it.

[Mike_hawk]

Should I go for either an 'embarrassed' defence (due to lack of disclosure form the solicitor) or a holding defence?

 

Your defence should answer each point of their claim, I suppose you could call it a holding defence in that you are denying or putting to proof much of the particulars until such time that the claimant discloses the documents at the crux of its case.

[danson79]

It claims I owe 'arrow global', however I've never entered an agreement with arrow. So on these grounds should I deny ever having an agreement with arrow?

 

Sorry for the 'sporadic' responses, I'll be able to give this

My full attention around 5pm

[Mike_hawk]

Put it to strict proof of the assignment [if any], plenty of ways to say it..... depends what you're happy with

 

The Defendant makes no admission as to the claimants averred assignment and puts the claimant to strict proof thereof

[BRIGADIER2JCS]

It claims I owe 'arrow global', however I've never entered an agreement with arrow. So on these grounds should I deny ever having an agreement with arrow?

 

Sorry for the 'sporadic' responses, I'll be able to give this

My full attention around 5pm

 

You do have an account with Arrow Global they have bought the agreement with all rights and obligations so no you can't deny it.

[danson79]

Hi Mike,

 

Thank you so much for all of your help today, it's been very much appreciated. I've thumbed through various similar forums and drafted the following as my defence, any constructive criticism is gratefully appreciated.

 

I, Danson79 am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global Guernsey Limited, R/O 20-22 Bedford Row, London WC1R 4JS.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a).

 

4. I deny ever having applied for or operated an account with Arrow Global Guernsey Limited.

 

5. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14, which leaves the Defendant at a disadvantage and unable to plead effectively or at all.

 

6. The Defendant denies that they are indebted to the Claimant for the sum of £4K+ and puts the Claimant to strict proof of this sum.

 

7. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984.

AND the Defendant;

 

8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

[danson79]

Hi Brig,

 

Didn't see your post there.

 

What are your feelings on this, is the defense now/try strike out at allocation stage a better idea in your experience?

[BRIGADIER2JCS]

Item 4 is not going to wash think.

[Mike_hawk]

Danson

 

Not sure you've grasped it just yet, I'll take a look tonight and post my thoughts

[danson79]

Hi Brig,

 

i'll remove it if you think it could do more harm than good.

 

I, D79l am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global Guernsey Limited, R/O 20-22 Bedford Row, London WC1R 4JS.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a).

 

4. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14, which leaves the Defendant at a disadvantage and unable to plead effectively or at all.

 

5. The Defendant denies that they are indebted to the Claimant for the sum of £4k+ and puts the Claimant to strict proof of this sum.

 

6. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984.

AND the Defendant;

 

7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

[BRIGADIER2JCS]

I think it would be best it weakens the defence as even AG and associates no they can't start litigation if they don't own the debt.

[danson79]

That makes sense. Referring back to the POC, it also clearly states it was an RBS debt.

 

I've been reading similar threads, trying to figure out what makes a good defense. I've seen a few mentioning that in a case - like mine - where the documentation referred to in the POC hasn't been sent despite a CPR request, to go for a 'short' defense, like this:

 

1) the Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing documents

2) The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures

3) The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure

 

Any advice for or against?

[danson79]

Or, should I consider something like post 15 on this thread?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291412-Cabot-Court-Claim-Received&p=3286545&viewfull=1#post3286545

[BRIGADIER2JCS]

Stay with what you have don't over complicate the matter.

[danson79]

ok Brig,

 

I'll wait to see what Mike comes back with re: my first draft.

 

Many thanks

[havinastella]

Have a quick look here Danson

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them

Edited October 1, 2012 by havinastella

[danson79]

I'm reading now, many thanks stella

[danson79]

apparently I 'don't have permission to access the page', can anyone help?

[havinastella]

Lots of people can't open my links. Let me try again!

 

Try it now

[danson79]

No joy!

[danson79]

I've even tried googling it, and using a link via another thread on the forum and it's still inaccessible to me!

[Mike_hawk]

Danson

 

Some ideas for you below, adjust, amend or whatever you feel is right over the next couple of days

 

 

1. I am the Defendant in this case and make the following statement in defence. Except where otherwise mentioned in this defence I make no admission to any averred cause stated in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

2. The Particulars of Claim fail to disclose an adequate statement of facts relating to or preceding the averred cause of action.

Civil Procedure Rule 16.5(4) prescribes that it is expected the Claimant prove the allegation that the money is owed.

 

3. The Claimant has failed to disclose appropriate documentation to support the Particulars of its Claim, not limited to but including;

a) The nature of the agreement it refers to

b) The method it calculated quantum of its claim including those sums averred outstanding.

c) The purported terms of the agreement that it cites in its Particulars of Claim, and which appear to form the

basis upon which these proceedings have been brought.

d) Both the scope and nature of any default

e) The date of averred assignment and notice provided thereto

 

4. Prior the the Claimant filing its claim I had previously corresponded with the averred assignor;

a) At xx date a request pursuant to the CCA 1974 was served upon it, RBS denied relief and retained the statutory fee

b) At xx date a request pursuant to the DPA 1998 was served upon it, RBS denied relief and retained the statutory fee

 

5. At xx date those matters at 4 were brought to the attention of the Claimant, its response at 31st August 2012 was xxxxxxxxxxxx

 

6. At xx date it revoked [without notice] its statement at 5 and proceeded to file the claim

 

7. At xx date a request was served pursuant to CPR 31.14 for disclosure of documentation the Claimant seeks to form its case upon.

The Claimant continues to deny relief to same

 

8. Further, by reason of the fact that there remains no document disclosed or evidenced which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

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

Edited October 1, 2012 by Mike_hawk

[danson79]

Thanks Mike, i'm going to be unavailable for a couple of hours but will get back on it later this evening.

 

Much appreciated.

[Mike_hawk]

Lots of people can't open my links. Let me try again!

 

Try it now

 

I remember the thread but I'm buggered if I can find it now.... 'embarrassed defences and problems with them'

 

Are you trying to post the link from your cache memory?

 

Try logging off, refresh the page, copy the addy bar and log back in again before pasting & posting......... failing that ask dx to have a go

[MARTIN3030]

Good morning Mr T