Thanks @Andyorch Still nothing so I will keep my fingers crossed, last question please, do I ignore any further correspondence on the matter unless it is regarding an application to lift the stay?

Still nothing so hoping the matter will be stayed now and they will have to apply to reinstate. Anyone know of that ever happening before or very unlikely?

Just double checked and they still have not responded. Although I did get a statement of account yesterday, dated 12 December which is a bit fishy!!!

So they've not contacted me or replied to the court, at least nothing has been updated online. As i understand it the matter is now stayed and they'd need to apply to reinstate it, what's the chances of them, first doing that and, second being allowed to do so by the Court please

I've read the letter it said they had 28 days, is that was up 28 days from when I submitted it (1/1/23) or from when it days they, the Court, received it (3/1)? And if they don't reply, will the fact is stayed be noted on MCOL automatically or do I need to do anything? Is it unusual or commonplace for them not to reply to the Defence? Cheers

Yeah I got that a few days after

Still not heard anything from Kearns or the court, how long do they have to reply to my defence?

Thanks dx, I have submitted the defence.

1. The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/xx/xx. The agreement, regulated by the Consumer Credit Act 1974 (CCA) was according to (C) signed by the Defendant (D) and from which credit was extended to D. 2. D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16. 3. By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims - 1. £2400.00. 2. Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment. Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclaycard and received by the Defendant. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law and Property Act 1925 Section 136(1) from either the Claimant or Barclaycard. 5. On the 5/12/22 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns has yet to respond in relation to the CPR 31.14 request. To date, 01/01/23, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement, and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for, and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

So I have had a read of a few threads, not quite 20 but a fair few and I think the bext one was along these lines: 1. The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/xx/xx. The agreement, regulated by the Consumer Credit Act 1974 (CCA) was according to (C) signed by the Defendant (D) and from which credit was extended to D. 2. D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16. 3. By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims - 1. £2400.00. 2. Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment. Defence 1. The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information. 3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant. Note: Although I said yes in the questionnaire I’ve checked my paperwork and could not find any record of the default notice. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 5. On the 5/12/22 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 01/01/23, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement, and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

The claim is still live and the last, the last entry on the Claim History is: Your acknowledgment of service was received on ######. I've not prepared my defence, I have read a few threads but can try and get that done in the net couple of days given the 1st & 2nd Jan are Bank Holidays & Court will be closed I assume the claim status will not change!

Seasons greetings to all. I've had some personal problems of late and I've missed the date for submission of my defence. Do I need to request permission to submit my defence late or is that it. Thanks

I meant for the CPR letter because I have made the CCA request after proceedings were issued and the letter only states prior.

As I said, my mistake. So should I mention the CCA letter I sent?

No not as yet as I read that as being for OD & loans (my mistake) but doing it now, should I mention at all the CCA letter I have already sent or no need?