I certainly will. Thank you.

Ok understood I will commence with the CPR AND CCA Thank you. S.B.

And statements? Thank you

Thanks Dx Any thoughts on my other question....I don't want to get it wrong?

excellent thank you DX Can I just clarify that I have to submit my defence by 23rd November but seeing as that is a Sunday it will be Friday 21st November? Also going by the POC, am I correct in requesting agreement, notice of assignment and default notice in the CPR 31.14? just need clarification on these two points then I'm ready to go. Many thanks. S.B.

Restons Dx So now I've acknowledged I send CPR31.14 Request to the Sols...? Assuming that I do not need to send a copy of this to the court? Thank you. S.B.

Name of the Claimant ?Cabot Financial Date of issue – .22/10/2014 What is the claim for The Claimant claims payment of the overdue balance due from the Defndant under a contract between the Defendent and Sainsburys dated on or around xx/07/2003 and assigned to the Claimant on xx/07/2011 in the sum of £9K Particulars a/c no xxxx xxxx xxxx xxxx Date xx/05/2011 Item Default Balance Value £9K What is the value of the claim?£9k Is the claim for a current or credit/loan account or mobile phone account?Credit card When did you enter into the original agreement before or after 2007?yes 2003 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.DCA Were you aware the account had been assigned– did you receive a Notice of Assignment?Only from DCA...and one to say it had been passed to another DCA...but now back with the. Did you receive a Default Notice from the original creditor?yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?No Why did you cease payments- Illegible CCA Was there a dispute with the original creditor that remains unresolved?Yes the CCA Did you communicate any financial problems to the original creditorand make any attempt to enter into a debt managementplan?Yes before I obtained the CCA

Thanks DX Do I contest jurisdiction? I will complete link shortly.

Hi DX OC is Sainsbury's. Ok found the OC default notice dated August 2008, but looks like my last payment was Feb 2009, so further advice required on how to respond to court claim.. .never did receive a legiible cca.... While I wait for help wth my defence shall I just acknowledge the claim on line? Thanks S.B.

Hi DX thanks for your reply I'm having trouble pasting at the moment so in brief my answers... Claimant is Cabot Date of issue is 22.10.14 What is it for? The claimant claims payments of the overdue balance from the Defendant under a contract between the Defendant & XXXXX dated on or about xx/07/2003 and assigned to the Claimant on xx/02/2011 in the sum of £9K. Particulars Account NO XXXX. date xx/05/2014 default balance £9K, Post refrl cr nil, £9K. Doesn't look like interest has been added. Old credit card account. Stop paying due to poor CCA and the account was put in dispute with the OC years ago due to this fact...no acknowledgement or payments made since then(need to check date). Thanks in advance.

Hi all Well it's been a long long time since I've been on here as everything was in hand and going well...however... I've received a County Court Claim for an old debt which has a very illegible CCA and that's how it's gone on for years from one DCA to another.... I've checked my credit file and the original creditor isn't even listed and neither is Cabot.. .just another DCA....according to my file the other DCA defaulted the account August 2009...so not quite SB. My question is do I use the other DCA'S default date or the original creditor.. .I am sure I have paperwork somewhere, or does Cabot have to have defaulted me too...??? I'm a bit confused as no reference to Cabot on my credit file and I am sure they are trying it on because I am of the opinion that if they had a solid case this would have happened years ago. I understand I need to acknowledge the claim to extend my defence by 14 days so will do this without delay. Urgent advice required please...thank you...

Very frustrating I know, and at the end of the day if it wasn't forthwith or installment order what choice did I have??? Onwards and upwards I guess. Cheers

No not a restriction as I am sole owner.!!! S.B.

Hi Andy I commenced with that fact exactly and that was his response, I said without direction what else could I do but pay what I could afford. I was a tad worried that if I pushed him too much he would not agree with with my installment order. Ludicrous I know but what else can we do. Can't afford legal rep so have to try our best. Thanks again, I will be pleased when 5 years have passed .

Hello guest !!!

Hi Guys Well had my day in court, explained that no direction was given just a general order and that I had been paying what I could afford and the Judge (as charming as he was) said that it was unusual for an instalment order to be given at the end of a trial. However he accepted my increased monthly offer and explained that HE WOULD NOT allow he Claimant to even apply for an order of sale as long as my instalments were paid. So they got the FCO, not great but I will be rid of this one in 5 years and then it can come off. Claimant had representation who didn't say too much. As I say not great but at least I can chip away at it with the knowledge it will be gone in 5 years and I get to keep my home. I want to thank Andy once again for all his help and advice. Cheers S.B.

Ooops typos sorry must be the excitment lol !!! S.B.

Fantastic news Shazza!!!! So glad you went, betyour life if you didn't they would have !!! Welll if they trya gan you will be more than prepared. I hope I am this lucky, very similar situation as yours. I know Andy will be along, not sure if you can apply to the court to get any instalments set now???? Don't want to spoil your day but be nice to be one step ahead of them ;0) Wll done you !!! S.B.

Please let us know how you get on. S.B.

Cheers, just in case I need to cover that point ;0). S.B.

One last thing Andy(she says) I remember reading that they couldn't charge interest on a CCJ that was covered by CCA, am I right and any chance of a link please? Thanks again S.B.

Fabulous thanks Andy.

Also, just checking that there isn't any time spans for the ICO and being notified by Claimant? I have received the B132 "Notice to a registered proprietor of an application to enter an agreed notice" from Land Registry, just checking that this doesn't change anything as had no objection information enclosed.?? Thanks S.B.

What do you think Andy? I have to get this off pretty swiftly? Many thanks S.B.

Good luck Shazza.