Andy We have now received an allocation questionnaire (form N125) which has to be returned to NCCBC by 28th March. I asks: 1) if the small claims track in the right one? 2) experts etc. Starting to get a wee bit worried by all the officialdom! I still have a letter from the OC after I asked for a copy of the the signed agreement telling me they only needed such a document if they wanted to go to court and to date neither they or Arrow have provided it

Thanks Andy Will send consent off today Take care

To be clear Andy....do I just sit here and do nothing as it is they who have to do all the writing? And is this normal for a claimant? I have been told it's an example of they running scared......it that right?

Ford again sory for being daft but what does 'a q atm' mean?

Ford My sincere apologies for not clarifiying things, currently it is a 'threat' from Alpins. No court papers have been sent as yet

Andy - thanks for the clarification Ford - There is no court date they have asked we contact them to make repayments or reach an agreement. They have said that going back to the original sum of 75 pounds a month (set by the court) is no longer acceptable.

Andy Thanks, do I incorporate the above into a letter and send it to Arrow? I do not undestand the following: Amended [Particulars of Claim or as may be] by Order of [Master ............what do I write here?][District Judge .....don't know the name? or as may be] dated............... (2) Where the court’s permission was not required: Amended [Particulars of Claim or as may be] under CPR [rule 17.1(1) or (2)(a)] dated.................. Sorry for being daft!!!!

anybody there?

Does not receiving the DOA help me at all?

Ford Black Horse Finance / Lloyds

Ford I am not sure I never received any deed of assignment and the letters all say Hillesden Securities Ltd FORMERLY Black Horse Ltd

Folks we we unfortunate enough to rececieve a CCJ in 2010 and duly started to pay the agreed amount. I was then diagnosed with cancer and with one thing and another from Jult 2011 we forgot to continue to make the payments we then in October 2011received a leeter from DLC saying 'it's a while since we have been in contact with you etc. etc.' I rang them and asked why they were involved and was told they were acting for the court, I didnt believe this and ignored all further letters from DLC, then the letters started coming from DLC stating that the creditors name was Hillesdens Securities Ltd formerly Black Horse Ltd. All these letter state that the CCJ was awarded at my local court, it wasn't it was issued through NCCBC. My questions are as follows: 1) Can a CCJ judgement be sold on? 2) If so should I not have been informed? I completely admit not paying anything since July 2011 as I could not get a definite answer as to who owned the bloody thing! I now have a letter from Alpins saying that they are applying to have me brought before my local court to be examined on Oath as to the reason for non-payment plus detailed information of my income, assets outgoings and overall finacial situation. This will involve a court fee of 50 pounds and potentially a commital warant could be issued form my arrest if I fail to attend. Advice please....I do intend to start paying again!

Andy No all they have stated is that they intend to provide 'reasonable disclosure' and that because it went through NCCBC they did not have to provide documents (due to Practise direction 7C point 1,4 (3A)) they have not categorically stated what they want us to consent to in line with CPR 17.2(2), we think it is just a more particurlised version This has gone 'in house' .......................advice as always is welcomed

Andy sorry for the delay in getting back to you. Had a letter from Court stateing the claimant had 28 days to repond to defence or case would be stayed. Now had another letter from the claimant regarding change of solicitor and requesting that I consent to a change in the POC in line with CPR 17.1(2) as I stated the claim was not fully particularlised. They have also requested documents from OC (I did that 4 years ago and got nothing so good luck to them!). They are also stating that the last payment to the account was in 2009. They also say they want to go to the samll calims court. Your advice, as always is most welcome.

Andy Thanks for the update, when you say they the claimants invariably ever respond, do you mean that they will 'drop' things and not proceed or that they will just not respond to my request?

Well the timeframe for the CPR request is up

Andy Have an acknowledgement of defence from NCCBC, no word of transfering to a local court, but it does say that AG have 28 days to contact the court should they wish to proceed otherwise the claim will be stayed and the only action then is for them to apply to a judge for an order lifting the stay. They have until 11/02/13 (Monday) to reply to my CPR request or they are outwith the time limit, I know that does not make a huge difference but surely it helps?

Thanks Andy will get the amended version off via MCOL. Updates as and when.

Will this defence suffice? 1. I, (Name and address inserted) am the defendant in this action and make the following statement as my defence to the claim made by the claimant. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. It is denied that I have an agreement with the claimant or Vanquis Bank. 7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed Do I also state that I think there are penaly charges on the total sum?

Andy......Who do I send it to? I have had no response to my intention to defend? Can I do it on line? as the DCA has to 11/02/13 to respond, can I submit what has been referred to as an 'embarrassed defence'? Sorry for all the questions

Cheers Mike, I just don't want to 'lose' on a technicality!

Andy Sorry if I am being thick but I know that defences have failed before due to getting dates wrong the claim date was 07/01/2013 + 5 days = 13/01/13, AOS sent on 19/01/13 do we have 14 days from this date to submitt our defence? I have had no word from NCCBC to say case has been transferred, so where do I send defence to? Or have 'they' told the court it's on hold?

Andy - I forgot to mention you might recall I submitted an AOS, but to date haven't submitted a defence as I have had no confirmation that the case was transferred or even confirmation that I intend to defend, do I still forward a defence and if so to who and to where?

Andy - we have received a reply from 'slowsmiths' stating that blah, blah we acknowledge your request for the follwoing: 1) A copy of the original agreement 2) Notice of Assignment 3) A copy of the default notice We have requested this info form our clients and the matter is on hold pending the supply of this information. Nothing from Arrow they received and signed for my letter and have to reply by 11/02/13 to comply with statutory time limit. Anything arrives from them I'll let you know

Ericsbrother....thanks can they get away with this?