Hi Le Serve = post [rec del would be prudent] Gez

Hi Asokn Excellent stuff, now try expanding on what the OP should be looking for to assist in his case. The forum is not all about a yes or no response, try to afford the OP a little guidance. Sorry....... hardly an enlightened response, it was this section of your post that I considered: 'then you can file a part admission and defend the remainder.' Gez

What dx said too Start getting some data together to see how best to dispose of the claim Gez

Why? Have you sighted the agreement, the terms, the statements of account, the default notice, the termination, the assignment/s, the value of PPI [if any]....... don't make speculative statements only to withdraw from the thread. If you want to assist, do so, if you want to speculate on unknowns why bother posting?

Crikey, thats more detailed than they usually manage I'd get a part 31 and 18 pt-legal issues-compilation.pdf served on them asap, along with a SAR to Lloyds........ you could defend as the claim stands but depending on how you want to play it a partial defence on the PPI and accrued interest may sit better with the court. If its a sizeable value it may sit better with you too. Try to get them to agree an extension [part 15] so it gives you time to push for a response to the SAR http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection Gez

Hi tw Acknowledge claim....... aos, acknowledgment of service, ack claim..... all the same, just means you need to acknowledge the claim if you have a defence or partial defence [online I guess as its Northampton], did you receive a login with the claim pack? date of claim + 5 days deemed service + 14 days to acknowledge, gives you another 14 days to enter a defence - 33 days total. Can you post the particulars of claim verbatim [less any identifiers] Gez

Hi tw Guessing from your previous post you know when to ack claim by. The one question that springs to mind is, do you have all account data to enable calculating PPI + interest for the term? If you can mitigate cost exposure to a minimal sum it may be prudent to consider offering to settle by t/o on your terms for settling any balance. Gez

I think it would be wise to ring the court and ask if they can send you a copy of the particulars. Assuming it wasn't served to your address you could look to set-aside Gez

Hi Stuck Was there any PPI on the loan? Gez

Hi Asokn At this moment in time, its a question of halting the enforcement of the consent order so that stuck can protect her position. The result would possibly be the same with RBS or Natwest as claimant but there is still the need to follow procedure. I suppose it could be suggested that the prejudice to the defendant was the original non service of claim, misappropriated payments, non reviewable consent agreed to whilst under duress, costs attached to consent with no agreement in place to do so. The hearing itself should afford the OP the opportunity to re-open the order and mitigate any future financial damage the banks counsel have caused in their failings. Gez

Hi w1n The ico help page is here http://www.ico.gov.uk/complaints/data_protection.aspx There's a set format for making a complaint on-line [page numbering etc] and they do take a while to get a case officer on to it so be prepared to have a little patience. Yes, you really should make a request for data to the OC, they will hold the original documentation for the account and its they that you will be reclaiming your PPI from [assuming missold]. There's a template in the library section http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection Gez

Hi w1n No real possiblity of mistaking it for anything but a request for personal data...... me thinks the collections manager needs educating. As they've now had the money you may as well push them in to compliance, make a complaint to the I.C.O [as well as sending your own reminders to Robbers] and consider whether you feel up to the job of suing them. You still really need to get a request off to the original creditor though, another tenner but money well spent. Gez

Hi Gany A typo it may be, but the claimant is now seeking to amend by way of part 17 . No application having been made to substitute. Gez

Gany I have the same doubt, Natwest do not litigate, all proceedings are instructed by RBS........ where the claimant fails to show cause the particulars cannot be undone without evidencing the chain of assignment. If its an error that cannot be undone the case fails If the claimant wishes to replead on pre and post filing assignments they must apply and show evidence of the chain. It is not enough to request a slip correction. From the logic of your post it would be acceptable for Santander to plead cases for Barclays accounts, 2 separate legal entities no cause without assignment. Gez

Hi DD I have a suspicion the court will require an application from you, they do very little of their own volition if there's an option for a fee paid service. If it falls to an application to resolve this, you may as well spend the £80.00 on a strike out and put them to test on the assignment. There's nothing wrong with your letter, if anything it probably affords the claimant far more latitude than they should hope to expect given their conduct. Pickthall........ you have the gist of it. Claimant seeking equitable remedy must come with clean hands, in basic terms, they cannot benefit from their own unfair actions or wrongdoing. Gez

Hi Stuck Its the original particulars of claim on the N1 that are of interest, do you still have the claim form? You have to sort the wheat from the chaff; a. Accounts with Natwest b. No known assignment to RBS? c. RBS plead the case with no cause [or did they plead the accounts assigned?] d. Consent entered into with RBS in ignorance/naivety e. Natwest seek to amend consent with no evidence of interest in the original pleading or assignment Gez

Hi Stuck Could you type up [or scan and attach] the original particulars of claim please Seems like a right muddle tbh, Natwest accounts, RBS pleading, now wishing to substitute NW in consent. Gez

Hi DD I would point out that Robinson Way Ltd did not exist prior to 30th September 2009, prior to that they traded as Robinson Way & co 2009 Ltd...... if the muppets at IND are dumb enough to ignore an order of the court and rely on innacuracy of assignment they only have themselves to blame when the case is struck out. Pickthall case may interest you...... http://www.bailii.org/ew/cases/EWCA/Civ/2009/543.html Unclean hands springs to mind Gez

Oh and........ something else you could do [although probably left it a little too late], ring Shop direct and ask them if they can e-mail or post you a statement of account. If they say its closed, ask them for the closing balance and the date. Also the assignee details if it was sold at termination. Gez

You'll need to show the court reasonable grounds to set-aside Service of the claim is reason enough for the application, now you need to form a substantive plea to show you have a defence to the case. A good start would be to draft yourself a witness statement, you'll need to get this served on the other side and filed with the court 7 days prior to the hearing. Bad timing with the holiday weekend approaching but you should be able to put something together by Tuesday and post rec del for service by Thursday. There's no requirement for legalese, there is however a requirement to draft the body of the statement in the correct form....... CPR 32 http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part32#IDADKVJC If you get stuck, search witness statements or w/s on the forum and you'll find plenty of examples. Failing that, bump your thread and I'll come back and take a look. Reading your earlier posts, I'd be inclined to start from day 1; 1. No service of claim 2. No known debt of stated value 3. No correspondence from claimant prior to claim 4. No service of particulars 5. No disclosure of agreement 6. No disclosure of how the balance accrued 7. No disclosure of assignment You really need to have a think about drafting it in such a way that it asks the dj to set aside and make an order for disclosure without either admitting to or acknowledging the alleged debt. With the limited correspondence from Westcot that you do have [shop Direct & value] you should be able to form a statement that not only makes your position clear but also asks questions of the other side. Gez

I don't believe anybody in their right mind would forge the courts seal........ Assuming this is genuine; 1. Is there a case/claim number on the letter? 2. Who was the original creditor? 3. Did you make payments to the OC or Wescot back in 2008? 4. Could you possibly have been served with a claim a few years ago and entered into a consent? Gez

Hi Wonky Have you seen this recent post? http://www.consumeractiongroup.co.uk/forum/announcement.php?f=&a=233 Gez

Hi w1n Can you post the text of the request you sent Robbers Way, did you use the SAR template? Gez

Hi Stuck Back to the directions hearing...... had a brief scan back through your thread, and best I can suggest at the mo is to go back over everything thats been before; 1. Loan account - who was the creditor, NW or RBS? 2. O/D ...... same as 1? 3. Name of filing party in original claim [NW or RBS] 4. Were the 2 accounts combined to one cause or were both stated separately in particulars The change to consent by the court, surprisingly common for court staff to believe they can amend under the slip rule when they have no jurisdiction to do so. Gez

Hi Foxy If the claim was issued through MCOL check that you can still login and enter a holding defence. There's a few on the site if you search for them but tbh its best if its in your own words and in a context that you understand. Just lay out the facts as you see them and what you have done in attempting to gain disclosure from the other side in order to better understand the case against you. Have a go at drafting something, I'm sure you'll come up with a suitable defence if you put your mind to it. Gez