What legislation can I quote with regards to the correct formation of a Default Notice? e.g. has the Default Notice been completed correctly?

No Default notice, no NOA, no agreement, in fact nothing received from them except a statement on Orange headed paper that does not prove to me they own the debt. I am happy to negotiate a payment with them if they can prove they own it, however, I am not paying anyone who cannot prove otherwise.

Law of Property Act 1925 and issues of Notice of Assignement, does anyone know anything about it. I ask as I moved from my previous property in 2007 and they claim to have served the NOA in 2010, which, I suspect, was at my previous property. This would explain why I have never received one but does not explain why they will not provide me with a hard copy of it. Is the NOA still effective despite my having never seen it?

Is this put in a covering letter?

The covering letter they sent further proves this as well and states that it is pursuant to the Court Order, which, of course, it is not as they filed after the date. I could make up loads of excuses as to why I have not acted on this as soon as the date came and went but I shall not. Accountability for my actions, lessons learned.

Oh yes, envelope kept, stamped 29th June and sent 2nd class, not that it makes much difference gathered from the news reporting on postal deliveries the other day.

Oh bugger The order says that the claiment shall file and serve a fully particularized particulars of claim by the 6th June and that the defendant shall by 27th June file and serve a fully particularized defence. It then says upon compliance with both paragraphs the matter shall be referred to the District Judge for allocation.

Hi, It got transfered to my local court where I filed a defence citing insufficient particulars of claim. The judge then ordered Arrow to file a more comprehensive particulars of claim by the 7th June and for myself to respond to this by the 27th June. This never happened as they did not file anything until after the 27th June. I only received their copy the other day, no further communication has been received by the court. Hope this helps.

Hi, Just an update and in need of some further advice. I filed the defence and an order by the judge was made for Arrow to file a full particulars of claim by the 7th June. The 7th came and went and then out of the blue I received a copy of their particulars in the post dated the 27th, which was the date given for me to file my defense by, which I could not do as I had nothing to go by. In their particulars they have cited that they had served the assignment notice on myself back in 2010, which I have never received and which I suspect was served at an address I moved away from three years previously to 2010, furthermore I have a fishing letter from Fredrickson's that I have kept, dated in 2011 acting on behalf of Arrow to try and clarify if I am the person they was looking for. Not quite sure how to respond but I want to see the notice of assignment, which I have been requesting to see for nearly a year. I need a bit of advice as to how to respond to their updated particulars and how to respond to the court. thanks.

Ah ok, is this not relevant then as it is a mobile phone contract? I have never requested the agreement as the agreement was never the issue, just the lack of evidence to assertain as to whether they own the debt and have a right to collect on the debt, along with the default notice from the mobile phone provider. Given that I have requested several times proof of this and have even sent a £1 postal order to obtain the proof, which was sent back to me by BC, shall I put the date that this AQ needs to be filed by anyway? Also with regards to the date in para 2, what is supposed to go in there? Sorry for questions.

Hi Andy, I am just adjusting G to suit. Where it says date in para 1 and in para 2, am I looking to put the date the AQ has to be filed by on para 1 and what date should I be putting in para 2? Cheers.

Wow thank you Andy, just logged on and read that. I shall have a proper look tomorrow and give you a nod if I get stuck. I really appreciate the help

Hi, well it has been pretty quiet until recently. I received a notification to say that BC was not pursuing, whooopieeee I thought. Then a letter dropped through the door advising of a change of claimant from BC to Arrow. Ok fine. Having just got back from being away I have now received an allocation questionnaire to complete and return to my local court by the 8th May 2012. Oh dear Sooooooo it does not look like this is going away without a fight. Is there anyone around that could help me complete the allocation questionnaire please. I honestly cannot believe they want to pursue this. Further more, I checked my credit file and it appears Arrow defaulted this in 2008 at an address I had moved away from in 2007. Obviousely that would explain a lack of default notice, however, given that I have been asking for proof all the way along and they have failed to produce, that is no excuse for them really. Anyway, any help would be very much appreciated thank you.

Thank you CitizenB as well

Ok thanks Andyorch, that is what I thought. I can honestly say I am unsure as to whether this debt should exist or not as I did have a mobile contract. I also have found a letter of agreed reduced payments around that time as well, however, I was under a lot of stress and depression at the time and was fighting to stop repossession of the house so I cannot honestly remember ever seeing a default notice and most definately not a NoA. I have checked my credit file and Arrow logged a default against me in 2010, now seeing as I have been at this address since 2007 and this is the first I have heard from them, back in 2011, you can see why I am questioning. I know you are not here to judge, as are the majority of the people on this site, but believe me, if they give me definitive proof as to the existance and their legal right etc then I would happily talk to them. A happier Miss.

Ok this is what I sent as my defence: The Defendant disputes the full amount claimed by the claimant and does not recognise the Claimant's Claim in any way for the following reasons. The Claimants pleaded case is not sufficient for the purposes of CPR 16. The Claimants pleaded case is lacking the most basic facts and detail such as dates of demands made by the Claimant, date of default, date of service of notice of assignment, date of service of default notice and date of agreement, which has alleged to be breached. This information is fundamental to the Claimants case, yet no details are offered or pleaded. The Defendant requested further information by way of letters dated the *******,******* and the *****, however the Claimant has chosen not to provide any further information. The Defendant neither admits nor denies any allegation made in the claimants Particulars of Claim and puts the claimant to strict proof thereof. BC have provided dates, however, like I stated before, it is just dates within their letter, not copies of the actual documents. Costs on PoC are £15 for the court fee plus £50 for their own fee plus the alleged debt. One consent order is for the full amount of the alleged debt plus the court fee of £15 plus their fee of £50 as stated in the PoC, the other consent form, for whatever reason, is £10.91 more than the alleged debt. They are asking me to sign one of the consent orders and return, which for obvious reasons I shall not be doing. Hope this helps. Cheers.

Hi, I have had some correspondant with regards to this. Firstly, the court have responded by acknowledging receipt of my defence and go on to state they have served a copy on the claimant or claimant's solicitor. They continue to say the claimant may contact me etc and that they have 28 days to respond. Now then, I have now received a letter from BC basically giving me two options which both concern a Consent Order? One CO gives me the option pay in full and the other gives me an option to pay monthly. They then go on to say if I do not reply within 7 days they will apply for a strike out of my defence. Once again, all they have done is stated in their letter, details that they know of with regards to this alleged debt. I have still not received a copy of a DN, a NoA, a copy of the contract or anything else. I have also done a credit check and it appears that Arrow stuck a default on there in Dec 2010 ish. Should they have sent a DN for that as well? Worried Miss :/

Sorry to deviate away slightly from the main topic, however, with regards to the elderly relatives, if he is depriving them of the basic necessities such as food to the extent they do not have anything in the cupboards to eat whatsoever, I would strongly suggest informing social services. In fact, if you feel that their liberty is being deprived to such an extent by his bullying and controlling of their money, I would do this anyway.

It was before, maybe they wanted to test the waters to see what I was going to do. Guess they have their answer now

Ok defence submitted. Funnily enough Bryan Carter Solicitors rang earlier, I confirmed my name then refused to confirm anything else. Politely asked him to put anything in writing. Wonder what they wanted. All nervous now :/

Thank you very much

I like the sound of the second one, although, strictly I never did a CPR 31.14 format as after reading it I thought it was for PoC's that actually indicate what evidence they are relying on? Does that matter or does the fact I requested the information in a letter, on several occassions dating back to October last year and never received what I requested, amount to good enough? Thank you so far CitizenB.

Ah ok, yes the issue date was the 7th February 2012 so I have a few extra days then, phew.

Thank you for the reply. Ok the POC states: The Claimant claims 216.37 being the balance of consideration outstanding to it under the account number AGGL ******** in respect of services rendered to the Defendant. The Claimant also claims interest thereon pursuant to s.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00. The claimant is Global Arrow Guernsey Ltd and it signed (typed) by Bryan Carter. thanks.

Bump again, a little help here please