yes, I have checked the court have the new date. Thank you for your help and I'll get started putting the defence together.

I don't remember getting a DN previously so don't know if its compliant. earlier in the thread I was asked whether there were any late payment charges as these many have been in included in the default notice with interest added. Yes, there were late payment charges. Yes, the application is the one posted up before. I did ask for an extension and this was the date they gave me. The court have been informed of the new date. Thanks

sorry I just reread what I posted and realised it could be read 2 ways. when I said 'they don't keep copies of default notices but they did send one.' They didn't send me a copy of the default notice. I meant, they said 'they don't keep copies of default notices but would have deemed served as the posted it. so, I don't have a copy of the default notice. I've previously read those threads and think part of my confusion is that some defences I've read mention getting a breakdown of the amount owed. I guess as I didn't request this in my cpr, I should have and hence can't refer to it in my defence. thanks for your help, I really appreciate it.

deadline is 22nd feb. in 31.14 request I asked for copy of agreement and default notice. They sent copy of application form signed but without prescribed terms and said they don't keep copies of default notices but they did send one. Thanks

Yes, its prior to 2007. I'm not sure at the moment whether I should be submitting an embarrased defence because they haven't supplied all documents under CPR. or a defence that asks for disclosure? but given that they have said they don't keep copies of DN's, is there any point asking for these to be disclosed. or do I go for a strike out because they haven't supplied all docs? thanks for any help

I've been thinking and as they have said they don't keep copies of the DN's, should I be requesting disclosure of them or not? Thanks

As they haven't sent copies of default notice, here's the defence I was thinking of putting in: 1. I of am the defendant in this action and make the following statement as my defence to the claim made by Without fair warning the claimant brought this action in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received. 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 claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written contract referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim. b) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served. 4. On ........... the defendant submitted a request under CPR31.14 for a copy of the agreement and documentary proof of how the sum claimed has been calculated and any other documentation that the Claimant is relying upon in pursuit of this claim. The Claimant has failed to respond fully. Until such time that the claimant provides all documents requested of the sum claimed as overdue I am not able to fully audit the sum. it is requested that the court orders the claimant to provide full disclosure of the requested documents pursuant to the Civil ProcedureRules failing which the claim be stayed 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. What do you think?

2. I did bring this to their attention last year. Through CPR they haven't sent all documents. They say they don't keep copies of DN's and don't need to.

so even though the document doesn't contain the prescribed terms, this isn't enough to defend the claim?

I’m putting together my defence. The document they have supplied in post 6 is an application form although it has my signature on it. It doesn’t contain the prescribed terms so this will form part of my defence – yes? The document refers to terms and conditions for an existing card – Do I mention this? Should they have sent me details? Surely those existing t&c’s should also have my signature?

sorry, I meant - late/missed payment charges

Thank you. Also, can you confirm whether or not they can include these charges in the default notice?

Yes, I have previously done a SAR. When you say 'If they have include bank charges', as this is a credit card, are you referring to late/missed payment charges?

Thank you for explaining, that helps. Any ideas if there is anything I can still do along these lines? I've been reading lots here and have sent a cpr31.14 to the solicitors to see what information they will be relying upon to help me formulate a defence. Also, have acknowledged claim. Is there anything else I need to be thinking about or doing? Thanks

Can you explain this piece please? Thanks