many thanks andy. if anybody outhere reading this and not logged in here, then do so. all the help you need is here, though might take some understanding!!. I will be making a donation.

how will that be? email or post??

andy, many many thanks, and also to dx, and sham and everyone else!!! never thought I would get this far with whats happening in my life and me not understaning things!! thanks all of you!! am sure there will be more questions!! will keep check on mcol to make sure they receive defence.

hi andy thanks. yes acknowledged submitted on 7/10/2015 and received on the 8/10/2015. defence done. saying submitted on the 20/10/2015 few mins ago!!!!! so what happens now!!!!

hi, am now on counter claim page.do I need to counterclaim???

o.k. so logged onto mcol, aol was submitted and received. now to start defence. may need to ask questions!!

hi dx, understand now, I do not need to post poc detail on my defence, as they know that(silly me!!!) so will just send my defence, starting to learn!!! andy, yep again starting to learn!!!! many thanks to dx and andy.

many many thanks andy. just quick couple of questions before I send this off. where it says costs, at top of poc in red I take it I put in the court fee 0f 60.00, and also legal reresentatives costs of 70.00??? also will carters try and trip me up as on my poc, it says nothing about overdraft, yet I am requesting info relating to an overdraft debt??? perhaps I reading to much into it, and its late!!!!! will get this sent off tomorrow on mcol when I am more alert!!!! thanks.

hi andy, saw the bit in red but thought only need the: for any alledged breach, and to take out: not that an overdraft has any contractual repayment terms. I will leave it all in!!! so as it is,i take it that I can just copy and paste as it is above straight onto mcol???

many thanks. I take it I take this bit out: not that an overdraft has any contractual repayment terms.?

how does this look??? Particulars Of Claim 1. This claim is for the sum of ******* being monies due from an agreement regulated by the consumer credit act 1974 under Lloyds ref: ****** ********. 2. The debt was assigned by Lloyds to the claimant and notice has been served. 3. The Defendant has failed to maintain contractual repayment under the terms of the agreement The Claimant claims: The sum of ******* Interest pursuant to s69 of the county court Act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of 1000 amounting to xxx Costs Defence The Defendant contends that the particulars of the 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. 1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor lloyds Bank. It is denied that I am indebted for the alleged balance claimed. 2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. Paragraph 3 is denied.To my knowledge lloyds have never served me a notice pursuant to 76(1) and 98(1) of the CCA1974 for any alleged breach...not that an overdraft has any contractual repayment terms. Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 11 october 2015 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft and Termination Demand Notice inferred by the Claimant's Particulars of Claim. The Claimant has failed to comply with this request. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

thanks andy, just talking to my wife and bit worried as thought it was to do with our house, as mortgage is in her name. started to panic!! do not want her involved in this.

thanks sham. o.k been off here for couple of days due to family/friends commitments. have had good look at above link, and I will edit it to my needs. will post it up later tonight so peeps can make sure I have got it right. what does the law of property act mean??

many thanks sham. will read and re-read and will post up for peeps to make sure it is o.k for defence.

hi dx, and sham good to have you on board. so maybe they have no paperwork to prove this??? sorry for sounding thick, but this is new to me and worried in case I slip up. andy has posted very good very good defence, and is this o.k. for me to use?

hi sham, so I take it this is just a standard letter from carters?? they not sending any proof of debt??? so my defence is prove it?? and use the sort of letter that andy posted above??

reply today from carters!!! here we go, sorry if it long winded, but will pick out points!! they confirm claim was issued by county court, and that courts protocol was followed when issuing the claiments particulars of claim. practice direction 7c point 1.4 (3a) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court. we confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. in any event the notices of default and assaignment left the control of the claimant when they were dispatched to you. it is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of agreement and in this regard we ask you to refer to your records. we confirm our client is not agreeable to an extension for filing your defence.

thanks martin2006. that sounds good!!! you and sham have made me laugh and smile!!!! many thanks.

big thanks andy. and sham. will be reading and re-reading in next couple of days. and yes will post up.

thanks sham much appreciated. thanks andy, if anybody has any other pointers that would be good!! have been looking at threads the same as mine, as am really stuck for defence!!! sure there will be one the same as mine that I can copy or amend to suit my needs. will put up here so peeps can check if that is o.k???

thanks sham, hard not to feel nervous!! next bit will be to try and make defence, so more questions will be asked!! again thanks for reply, it means a lot.

hi sham, first off just to advise that carter have received cpr letter, signed for this morning at 7.34am!! feel bit nervous as never been here before so not knowing what to expect. with regards to account, do not really remember too much, as last activity was over 5 years ago. not sure if went over the o/d limit or not, may have done. the account was opened as was told had to be as was employed by Lloyds in their call centre, and for wages to be paid in. only worked for them for few months, but account was kept open. think it was used for car insurance. o/d was prob used but not sure if went over. will try and find some paperwork. last activity was around june 2010.

hi dx, yep getting there at last!!! am a real worry person, I have to check and double check!!! sometimes it just takes a while to sink in, but I am getting there!! least I have one something right!. have been looking at other threads as well, so hopefully will start to sink in. sure there will be other questions to come, as never been in this situation before, and it seems quite scary. not sure if you, but thanks to whoever is putting my threads together. also big thanks to you dx, sham, andy and everyone else on here giving hope to people like me.

hi sham, thanks for the reply. cpr letter sent to carters, just copied it as is from the link and sent it. letter needs to be signed for, so should be with them tomorrow, or Tuesday. will check to see it has been signed for. have been looking at other threads, but not been on here since Thursday, (been tough week with mother in laws treatment starting) but am now back, so will start browsing some threads. sure I will have some questions later on today. the overdraft limit was for £450 if I remember correctly. hi, just checking as to what I have done. done aos on mcol, copied cpr letter and sent to carters. on letter where it says case number, I put in the claim no: from court is that right?? and also I took out point 4, which was delete if not with original creditor ,(original: Lloyds, but now Lowell?? so not with original creditor?). so hope was right taking that out? left in point 1, about o/d terms and conditions. now I have done the aos on mcol, I take it carter will know??? nothing else at minute I have to do with regards to mcol?? also did not sign letter, just printed name. hope that's o.k??

cheers sham, already starting to feel a bit better about things. as I recall I have received no documents . just to add as maybe not mention before, this bank account was opened in 2006, as I was employed by Lloyds, and had to open account for my salary to be paid.(so they said) they just seem to have given me overdraft and credit card at the time.