Amazing thanks so much Am I good to go and post up #41 onto the online website to submit my defence now please?

ok thank you. Do I add those lines above to my defence as well or do I just use those lines above in my defence? Sorry, this is all going waaayyy over my head now!

Does that mean I need to add something into my defence, or is it a completely different approach now?

It will be the scanning quality. Their letter has a printed signature on, not an original signature. There is nothing that contains my signature, so if you look at the credit agreement which does look like a copy, the only input on there is the date of November 2011, it doesn't contain my signature anywhere on any of the paperwork that they have supplied. Attached are photos of the documents that they sent me - ignore the black mark on the agreement, this was where I went through the personal info with a marker pen docs2.pdf

Should be all ok now and no personal info showing through the marker pen, thanks docs1.pdf

Hi Andy They sent a photocopy of what looked like a credit agreement, but it was removed by DX the other day as my name still showed through the marker pen I can give it another go at uploading if you want me to? If this is sufficient evidence do I just remove the bit about not fully complying please? Is there something I should take out from the above defence please? Would ideally like to get this submitted as I am working all weekend and Monday is the deadline I believe Thanks both for your help so far.

Ahh right ok thanks, i wasn't aware the SB would get paused on the back of a claim. I have requested a copy of the DN, they confirmed to me in writing that they have written to Studio Cards to request this - I know they won't have it as they told me they transferred everything across to Lowell when the closed the account down and confirmed that they hold no paperwork. So this para......he claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance. If I change that to read "the claimant has not fully complied with my section 78 request............" Does that read better? Is there anything else I need to do/amend before submitting please DX? T hank you for your help so far

Whoops........... I think I might have missed that bit off Here it is in its entire form: 1. The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2. In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. 3. The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4. Despite repeated requests for payment, the sum of £716.38 remains due and outstanding. And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs. Defence 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974. On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. On the 7th October 2019 Lowell provided a photocopy of the alleged credit agreement and statement. The purported agreement is lacking all the prescribed terms and therefore unenforceable. They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt. To date, 23rd October 2019, I still await their compliance. 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 requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to: a) show and evidence how the Defendant has 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; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?

ok thank you. Other than your comments above, is this ok to submit and should I wait until the last day to submit?

1. The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2. In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. 3. The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4. Despite repeated requests for payment, the sum of £716.38 remains due and outstanding. And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs. Defence 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1. I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974. On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance. On the 7th October 2019 Lowell provided a photocopy of an agreement and statement. They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt. To date, 21st October 2019, I still await their compliance. 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 requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to: This is my first attempt at my defence so thank you in advance for any help and amends Just a few things to highlight as well, which I have found whilst trawling through my paperwork: 1. I moved in August 2017 and never gave them my new address - they were still writing to my old address in August 2018 as I was having my post redirected for the 12 months. They have "somehow" and not sure how, managed to get hold of my new address. 2. I have a letter from them dated February 2018 saying that I defaulted 30th November 2011, which is obviously a typo error on their part - but can I use this? 3. Studio have no record of my account as I asked them when I called a few weeks ago

Thanks for your help!

sorry to chase, but I am getting a little stressed about this and could really do with some advice and assistance and being pointed in the right direction if possible please :_) Thanks

Hi Paper attached has now been received, Default notice to follow "apparently", but given Studio have no paperwork or record of my account I find that very hard to believe I will ever receive that! Would welcome any advice, defence to the claim form, to stop them adding a potential CCJ to my credit file Thanks

As an update, I have just rang SD and they have told me they have no information on my account as my account is so old that they have archived everything. Any paperwork has been sent to Lowell for them to chase any debt that is owed. Is there anything that I can do about this please? They couldn't even confirm when the last payment was made. Thanks

It's always been £716.38, now they have added their court fees and interest submitting the claim form to make it £909. The figures before were where I was trying to see what the total "goods" were rather than total including any interest charges were. The balance is and always has been the £716.38 until receipt of the claim form this week, thanks

Amazing thank you, I have done both letters and will post tomorrow as I cannot print at home. My next step is the defence, is it worth looking on here for examples or could you point me in the right direction please and I will do some reading to prepare my defence? Thanks

Apologies, the one question I missed! 26th September 2019 just seen that this new post has been linked to some questions about the same thing from years ago! I have checked and the scan copy of the CCA is the only page they have sent me, just thought that might help. I have now acknowledged the claim form online and intend to defend the claim. Please can you advise next steps, thanks

Name of the Claimant ? Lowell Financial Date of issue – 26th September 2019 Particulars of Claim What is the claim for – 1. The defendant opened a studio regulated consumer credit account on 30/11/2011. 2. In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated 3.. The agreement was later assigned to the claimant on 25/9/2015 and written notice given to the defendant. 4. Despite repeated requests for payment, the sum of £716.38 remains due and outstanding. 5.Interested pursuant to S69 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.157, but limited to one year being £57.31 + costs. What is the total value of the claim? £903.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, but they have been writing to my new address Did you inform the claimant of your change of address? No, but they found it out anyway! Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Studio Cards When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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. Debt was assigned and it is Lowell Financial who have issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a letter from Lowell stating they were now chasing the debt Did you receive a Default Notice from the original creditor? Not sure, cannot remember and do not have a copy of this. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? I have recevied an annual statement that is it. Why did you cease payments? Was made redundant and ended up with 8 Defaults all of which fall off in the next 12-18 months. What was the date of your last payment? 13th November 2013 Was there a dispute with the original creditor that remains unresolved? Not as far as I can remember Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No ………………. Hi I have today received a Claim Form for the above today in the post, having heard nothing from Lowell for the best part of 18 months! Thankfully I had kept all the paperwork! Back in 2017 I had sent them the usual CCA request and they didn't reply and sent me a holding letter saying they had asked Studio Cards for a copy of this. They finally provided the documents and it seems that this a document that has my old name and address on, dated, but no signature. Now first off, the account in question in something I defaulted on and the Default drops off my credit file in February 2020, so this would explain the reason behind the Claim Form - trying to add another 6 years of hell to my credit file right at the very end of the 6 years! I have added a copy of the document that was sent to me. After which I wrote back and disputed the claim, I was then sent a statement of transactions, looking at this the last payment they received from me was on the 13th November 2013, hence the Claim Form as I am just about to hit the statute barred status! Shame that payment was made as the one previous to that would have put me Statute Barred! The balance that was transferred was £716.38 which is what they have been trying to claim from me for the past few years. In February 2018 they offered me a 40% reduction of £429.83, but since then all I have received is their automated letters saying my account remains outstanding - I chased in August 2018 and heard nothing. They have added one year's worth of interest - £57.31 + court fees and the debt they are now chasing is £903.69. Obviously I am going to defend the claim but I just wondered what the next steps would be please? If i defend and then have to submit my plea, this could potentially take it over the 13th November 2019 and therefore the debt would be statute barred - is that something that is possible? Any help would be greatly appreciated.

Just to update you, I am now 247 Money Box clear on all credit files

Sorry for my little rant back in Feb, I was going through a tough time with a close friend dying and combined with trying to sort out my miserable looking credit file I took it out on you guys Dragging my tail between my legs as I write this Apologies

I give up, I thought this place was a site for help not criticism every time I put something up on here or make a thread to ask for assistance! It's not been just this thread, there have been others where I am just criticised every single time instead of someone helping!

All attached, pretty sure I have deleted all the personal info and any advice, as always, appreciated Trying again with the attachment, all on one PDF Default Notice.pdf complaint reply.pdf CCA return.pdf

As promised - I will put together a letter as well and put that up before sending (just to make sure everything is covered)

Fantastic thank you, will start the process Fingers crossed!

Hi, I am looking for some advice to try to attempt a default removal, if this stays on my credit file then I am looking at August 2020 before it falls off The balance owing is £509.52, this is made up of £300 in interest charges that they have added since the account was open in 2013. The last lot of interest was added in September 2013 of £97 on a balance at the time of £441!! I have written and complained but they will not write off the debt and have said that the balance owed is outstanding and needs to be paid. I have today received a copy of an unsigned credit agreement and the letter that was sent issuing a default notice (this I never received). Could someone point me in the right direction of what the next steps are please, in an ideal world I want the Default removed, but appreciate this may not be possible. I will upload the documents this evening, but just wanted to get the ball rolling - is there a letter template of irresponsible lending perhaps that I could use please? Thanks in advance