Greta thanks Andy, Will prepare a short letter addressed to the Court Manager tonight and send it tomorrow. Regards, Jameson

Hi Andy, I waited until the very last day to send my WS to the claimant. To date, they have not sent me their copy. I have read your comments from a different thread on this matter where you advise a poster to never exchange until you have received theirs. However, my Notice of Allocation and directions does not state a specific penalty for not complying with the dates. It just states that the Judge may refuse to consider a document or take into account if a copy had not been sent to all parties no later than 14 days before the hearing. This is something I could not afford to risk and I feel I had no choice but to comply with my directions. I telephone the Court this afternoon and the Court confirmed that they have received my WS/Bundle but there is nothing on their system to show that the Claimant has sent theirs. The Court confirmed that they have paid their hearing fee and there is a possibility that the Claimant may have filed their WS at the same time, but someone should have put it in the system at the time. To conclude it would be fair to assume that the Claimant has not sent the Court their WS. Hmmm. Time is running out. What is clear that we are approaching 7 days before the hearing and no sign of their correspondence. Clearly the Claimant is not following directions here. Do I formally let the Court know that I have not received their WS as per instructions in the directions? Thanks J.

Will do. I will ensure they receive on the 14th day before the hearing, as my directions. Hope they play ball too.

Thanks Andy, I will go over once more and tidy up the areas that I appear to repeat and send to court and claimant next week. Have a nice weekend

Thanks Andy, please take a look at this one: P.s. Not sure if relevant but this account was just days away from being SB and clearly the claimant was desperate to issue the claim to stop the SB clock, but I did throw in a last minute CCA request which I feel they should have complied to before issuing the claim despite Lowell purporting to comply previously. The advice received at the time when BW contacted me was to send them a CCA request, which I did. Thanks again Andy, IN THE county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- Within this statement I make reference to various documents. These are now enclosed as a paginated bundle marked “WS1”. 1. I have in the past had financial dealings with Capital One. The account was opened on or around July 2004. The account number relating to the agreement was XXXX XXXX XXXX XXXX. 2. I aver that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. 3. On 17 January 2015 I received an undated letter from Lowell’s Financial requesting payment. WS1 [1] 4. On 19 January 2015 I wrote to Lowell’s Financial advising that the original creditor is and still remains in default of a section 78 request pre assignment. WS1 [2] 5. On 16 February and 13 March 2015 Lowell wrote to me advising that their investigations are on-going but hope to be in a position to complete shortly. 6. On 24 March 2015, Lowell Financial wrote to me confirming that Capital One have received my Data Protection Act and Consumer Credit Act Requests during 2010, however, they state that as the letters had not been signed they were unable to provide a response and they are unable to agree that Capital One have not complied with my requests. Furthermore, Lowell purported to comply and enclosed a purported copy of my agreement, 5 years after my initial request. The documents enclosed comprised of an application for credit signed by me and the Terms and Conditions. Lowell failed to provide a true copy of the executed agreement in that the Terms and Conditions contain only generic terms in that they bear none of my personal details and the Terms and Conditions are not signed by me. WS1 [3] 7. On 1 April 2015, I replied to Lowell Financial and stated that their reply does not meet the requirements of s78(1) of Consumer Credit Act 1974. I also advised Lowell that Capital One have failed to comply with my Subject Access Request, dated April 2010 and that here is no legislation which states that I must provide a signature. However, I enclosed a third request which was undersigned by me. WS1 [4] 8. On 14 April 2015 I wrote to Lowell Financial, enclosing copies of correspondence to Capital One which contained a new Subject Access Request. WS1 [5] 9. On 13 May 2015 I received a letter form BW Legal, The Claimant, stating that they have been instructed by Lowell Financial to commence legal action and issue a claim against me. 10. On 26 May 2015 I sent the Claimant a request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement. WS1 [6] 11. On 02 June 2015 I received a letter from BW Legal, The Claimant, stating that they have issued a County Court Claim. WS1 [7] 12. Court Claim pack arrived on 3 June 2015. 13. On 5th June 2015, the Claimant confirmed my CCA request and stated the documentation will be forwarded to me within 12 working days. WS1 [8] Why did the Claimant issue a County Court Claim whilst my CCA request is outstanding? Could it be because the account was a matter of days before becoming Statute Barred? 13. On 9 June 2015, on receipt of this claim, I requested documentation by way of a CPR 31.14 for a copy of the agreement, notice of assignment and the default notice. The claimant has yet to comply. WS1 [9] The Claimant has not disclosed any documentation to me relating to their claim. 13. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 14. I have not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore I reserve the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. 15. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant. 16. Accordingly, I aver that: 17. Due to the Claimants failure to allow the Defendant to inspect the aforementioned documents alluded to within the Claim form, I am prejudiced. 18. For the avoidance of doubt I require that the Claimant must plead effectively and disclose the legible documents upon which the Claim is based. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt. In the event the Claimant fails to replead, then I reserve the right to apply for whatever orders I deem fit including an order striking the Claim out. 19. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement. 20. The original creditor, Capital One, should not have passed the account on whilst the account is in dispute. 21. Again it is stressed that I was never informed of assignment of this debt neither by the original creditor nor the assignee. For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136). Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned. The assignment must be absolute. 22. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. The assignment must be in writing and signed under hand by the assignor. Notice of the assignment must be received by the other party or parties for the assignment to take effect. Again it is denied any Notice of Assignment was ever received. 24. Further and in the alternative it is not admitted that the sum claimed is lawfully owed. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed contractually owed. 25. Further and in any event in view of the failure to comply with my CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed. In view of the above, it is denied that I am indebted to the Claimant as alleged or at all. Statement of Truth I, the Defendant, believe that the facts stated in this Defence are true.

Hi Andy and team, here is a first draft of my WS. Obviously with so many years of letters, it took me several days to actually get the perfect chronology of events so I do appreciate it does appear very long. I just want to say a thank you to you all, especially Andy, who over the years has helped me tremendously. Words can not thank you guys enough. It is remarkable that during ones darkest moments, anonymous people make the biggest positive difference to ones life. Thanks! So without further ado: IN THE county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- Within this statement I make reference to various documents. These are now enclosed as a paginated bundle marked “WS1”. 1. I have in the past had financial dealings with Capital One. The account was opened on or around July 2004. The account number relating to the agreement was XXXX XXXX XXXX XXXX. 2. I aver that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. 3. Notwithstanding the above, on receipt of this claim I requested documentation by way of a CPR 31.14 request dated 9th June 2015 for a copy of the agreement, notice of assignment and the default notice. The claimant has yet to comply. WS1 [1] 4. On 26 May 2015 I sent the Claimant a request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement. WS1 [2] 5. On 5th June 2015, the Claimant confirmed my request and stated the documentation will be forwarded to me within 12 working days. WS1 [3] The Claimant has not disclosed any documents to me relating to their claim. 6. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 7. I have not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore I reserve the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. 8. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant. Historical breaches and failures 9. On or about 20 May 2009 I contacted XXXX XXXX (Agent) to act on my behalf to determine whether the agreement is “irredeemably unenforceable” against me by Capital One by virtue of breach of certain provisions of the Consumer Credit Act 1974 and Regulations made there under. 10. On or about 10 September 2009, I telephoned my Agent who confirmed that, on or about 8 June 2009, they had sent Capital One a formal request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement and Capital One has since defaulted and is not allowed to enforce the agreement whilst the default continues by virtue of Section 78(6) of the Consumer Credit Act. This was fact was later confirmed to me in writing by my Agent. WS1 [4] 11. On 18 September 2009, Capital One wrote to me, whilst in default of the CCA request, proposing to issue a Default Notice. WS1 [5] 12. On 02 October 2009 I replied to Capital One, alerting them that their records should indicate that this account is in dispute as under S78(6) they are not entitled to enforce or assign this account. WS1 [6]. 13. Furthermore, I also took the opportunity and enclosed a separate formal request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement. WS1 [7]. 14. On 19 October 2009, Capital One replied confirming that they would not comply with my request for documents unless I provide a document showing my signature. WS1 [8]. 15. On 27 October 2009, I replied to Capital One, stating that there is no requirement under the Act which requires a s.78(1) request to be accompanied by a signature, urging Capital One to comply with their legal obligation without further delay and to to formally acknowledge my Formal Complaint under the Consumer Credit Act 2006 Complaints Procedure. WS1 [9] 16. Capital One failed to acknowledge my formal complaint letter, dated 19 October 2009 17. Capital One did not comply to my CCA request. 18. Capital One breached the now disbanded OFT guidelines and the Data Protection Act 1998 for selling or assigning the account to several other Debt Collection Agencies. 19. On 10 December 2009, FPC Debt Collections wrote to me stating that Capital One has referred the account to them for debt collection. WS1 [10] 20. On 14 December 2010, I wrote to FPC Debt Collections, advising them that the account is in dispute with Capital One and that they should not have passed this account to them whilst it remains in default. I suggested FPC should return the account to Capital One for resolution of the default and breaches. WS1 [11] 21. Between 10 December 2009 and 02 February 2010, FPC Debt Collections Services wrote to me six times in total. WS1 [12…17] 22. On 16 February 2010, Cap Quest wrote to me stating that Capital One has referred the account to them for debt collection. WS1 [18] 23. Between 16 February 2010 and 22 March 2010 Cap Quest wrote four times in total. 24. On 5 April 2010, I sent CapQuest a formal request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement. WS1 [19] 25. CapQuest never complied to my CCA request. 26. On 8 April 2010, I sent Capital One a Subject Access Request. WS1 [20] 29. I submit a copy of the £10 Postal Order WS1 [21] 30. On 16 April 2010 Capital One wrote that I had not included payment of £10. 31. On 22 April 2010 I replied to Capital One and enclosed a copy of the Postal Order for £10 and allowed Capital One a second opportunity to comply to my Subject Access Request. WS1 [22] 32. Capital One did not respond. 33. On 5 May 2010 Capital One stated that they will not comply as my request was not signed. 34. On 27 May 2010 I wrote to Capital One informing them that there is no legislation which states that I must provide a signature. The Information Commissioner’s Office states that if a creditor has been writing to the person concerned in the past then it's safe to assume that this is the correct person they are writing to. I also highlighted that they have failed to comply to my Subject Access Request and that they are in breach of s.7 of the Data Protection Act 1998. WS1 [23] 35. On 17 January 2015 I received an undated letter from Lowell’s Financial requesting payment. WS1 [24] 36. On 19 January 2015 I wrote to Lowell’s Financial advising that my Consumer Credit Act request is in default and enforcement action is not permitted and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement or assign the account to a Debt Collection Agency. WS1 [25] 37. On 16 February and 13 March 2015 Lowell wrote to me advising that their investigations are on-going but hope to be in a position to complete shortly. 38. On 24 March 2015, Lowell wrote to me confirming that Capital One have received my Data Protection Act and Consumer Credit Act Requests during 2010, however, they state that as the letters had not been signed they were unable to provide a response and they are unable to agree that Capital One have not complied with my requests. Furthermore, Lowell purported to comply to my request and enclosed a purported copy of my agreement, 5 years after my initial request. The documents enclosed comprised of an application for credit signed by me and the Terms and Conditions. Lowell failed to provide a true copy of the executed agreement in that the Terms and Conditions contain only generic terms in that they bear none of my personal details and the Terms and Conditions are not signed by me. WS1 [26] 39. On 1 April 2015 I replied to Lowell Financial and stated that their reply does not meet the requirements of s78(1) of Consumer Credit Act 1974 and I am unable to comment further. I also advised Lowell that Capital One have failed to comply with my Subject Access Request, dated April 2010 and that here is no legislation which states that I must provide a signature: The Information Commissioner’s Office states that if a creditor has been writing to the person concerned in the past then it's safe to assume that this is the correct person they are writing to. However, in order to draw this matter to a close, I enclosed a third request which was undersigned by myself, allowing Capital One a further opportunity to comply to my request. WS1 [27] 40. On 14 April 2015 I wrote to Lowell Financial, enclosing copies of correspondence to Capital One which contained a new Subject Access Request. WS1 [28] WS1 [29] 41. On 13 May 2015 I received a letter form BW Legal, The Claimant stating that they have been instructed by Lowell Financial to commence legal action and issue a claim against me. 42. On 26 May 2015 I sent the Claimant a request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement. WS1 [30] 43. On 02 June 2015 I received a letter from BW Legal, The Claimant, stating that they have issued a County Court Claim. 44. As mentioned earlier, On 26 May 2015 I sent the Claimant a request for documentation under s78 of the Consumer Credit Act 1974 to ascertain the agreement. The Claimant has not complied to my request and instead a Court Claim pack arrived on 3 June 2015. 45. Accordingly, I aver that: 46. Due to the Claimants failure to allow the Defendant to inspect the aforementioned documents alluded to within the Claim form, I am prejudiced. 47. For the avoidance of doubt I require that the Claimant must plead effectively and disclose the legible documents upon which the Claim is based. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt. In the event the Claimant fails to replead, then I reserve the right to apply for whatever orders I deem fit including an order striking the Claim out. 48. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement. 49. The original creditor, Capital One, should not have passed the account on whilst the account is in dispute. 50. Again it is stressed that I was never informed of assignment of this debt neither by the original creditor nor the assignee. For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136). Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned. The assignment must be absolute. 51. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. The assignment must be in writing and signed under hand by the assignor. Notice of the assignment must be received by the other party or parties for the assignment to take effect. Again it is denied any Notice of Assignment was ever received. 52. Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed contractually owed. 53. Further and in any event in view of the failure to comply with my CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed. In view of the above, it is denied that I am indebted to the Claimant as alleged or at all. Statement of Truth I, the Defendant, believe that the facts stated in this Defence are true.

thanks dx, will have it up tomorrow.

Old Cogger, difficulty swallowing today. My WS is just a series of events over the past 6 years but is there any real substance? I don't know, it's crazy thinking this, glass of water time... anyway, 'tis a bit of a panic, but if the agreement is valid, then what can i do. I hope to have the WS ready by tomorrow for andy and gang to have a look.

I am in the process of writing my WS. I checked with the court and BW have paid their hearing fee, so they are definitely ready for it. Quick question, the hearing is on the 26 November, without sounding defeatist, is it too late to contact the solicitor and agree a Tomlin order? I know it sounds crazy thing to say after 10 pages and more than 6 years writing on this thread, and all the opportunities to mediate, but it is something I am thinking about as I write my WS. Will my case be prejudiced if I do ask and its rejected?

Thanks uncle

Update: Claim has been allocated to small claims track and hearing is on 26 November. Each party shall deliver to every other party and to the court copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing. Presumably, now the Claimant is legally required to send me the documents, the same docs which I had previously formally requested via CPR 31.14 and they have thus far not sent? So by 12 November I should have received everything, what happens if I don't receive the required documents from the claimant? Finally, I assume this is my opportunity to send the claimant/Court my witness statement, would you advise I send this document as soon as possible or wait until the hearing deadline? Anything else I need to prepare? Cover letter to witness statement perhaps? May sound silly but I have no idea! Thanks

Thanks guys, I have responded to the mediation appointment offer email confirming that I am not in receipt of all the necessary paperwork the Claimant has referred to in their POC. I also mentioned Claimants failure to respond to my civil request, CPR 31.14, highlighting the fact I have formally requested this info. (for what its worth) So I guess the next step is a letter shortly from court informing me of allocation...

Andy, Naturally I am trying to explore every possible angle and you’re absolutely right, I have been feeling the same about this. Okay, chin up: here is what I think are my options: When Mediation calls, I acknowledge the debt, disclose my I&E, if required at this stage, and offer affordable repayment and hope claimant accepts. 5 minute call. When Mediation calls, tell them some paperwork still outstanding. Without sounding evasive, explain that I am still waiting for legal assignment/Notice of Assignment from Capital 1. Furthermore, my CPR 31.14 still outstanding - At which point Mediation will doubtlessly conclude there’s no point mediating and I start preparing my defence based on not complying with s60/61, invalid/reconstituted T&C’s not enforceable and finally a sprinkling of a few historical failings as a final touch. A water drop will find the path of least resistance to flow through and option 1 is that least resistance. However, I have come this far and I am not afraid to take it further, even if my odds are 50/50. I optimistically take comfort from the fact that no Judge will force me to pay what I cannot afford. So any offer made, however small, should, in theory be upheld by a Judge after scrutiny of my I&E. The objective is to avoid a CCJ and beat Capital 1 and Lowell’s. Do you feel there any angles I can explore in option 2 with a 50/50 chance of winning? If not, then I certainly do not wish to waste my time or the team’s time by trying to change an unalterable situation and continue to clutch straws, which I indeed agree is how I have been feeling recently. Without sounding defeatist, Regards,

Lowell's did finally send the CCA with T&C's. BW on the overhand, the claimant, have still not. They sent a letter 10 weeks ago to tell me that they have requested a copy from their client , Lowells who would contact Cap1 for a copy. It seems strange but as you say, they have failed the CCA request for now. I suppose mediation will be a short call to say I don't have the requested paperwork, and that includes my CPR request. dx, oldrouge, Andy and team, really appreciate your help with this

Thanks dx. Actually, BW have yet to comply to my CCA request, they said they're working on it... Regarding my post #174 above: Reconstituted copy of T&C's may be fine for s78 compliance but not for enforcement. The Terms must have been contained in a separate document and there is no clear link to them within the signature document. Am I correct to think that the T&C's sent do not conform to the regulations under s60 and is unenforceable in Court?

Lowells sent them on 31 March 15 Lowell's covering letter is uploaded on post #78 Iresponded that their reply to my s78 request does not meet the requirements of s78(1), and I'm unable to comment further on the contents of their letter.

Thanks oldrouge- Regarding s60/61 - One thing I've just noticed is that nowhere on the Application Certificate that I signed is there any reference to any terms. Would I be correct to think that the absence of these terms will render a document unenforceable in court and that these terms must be contained within the agreement and NOT in a separate document typed with no headings or titles. If the T&C's are a true copy then they must have been contained in a separate document which is prohibited by the S1 1983/1553 as there is no clear link to them within the signature document. Therefore, I believe, this does not conform to the Regulations under s60 and is unenforceable in Court. Am I on the right tracks here? On one thread which you, Dx and Citizen have all commented on, you state that although a reconstituted copy of T&C's may be fine for s78 compliance, however, for court, Cap 1 must provide a true copy of the T&C's - one that I was provided at the inception of the account. Incidentally, the Application Certificate they sent me was a postal leaflet or a mailer application form that I had to detach, lick & fold and return in the Freepost envelope provided. I would be interested to see the true copy of the Terms, which I don't think they have, and if they don't have a true copy, then it cannot be properly executed as described in section 61(1) Consumer Credit Act and therefore unenforceable. Am i on the right tracks here?

So a CCA request made by a debtor can be easily ignored by the creditor, moreover, the debt can be passed on or assigned irrespectively, as long as somewhere down the line the assignee complies to the request. Therefore in my case, is my CCA request to the OC, and which was refused due to lack of a signature, be considered as no longer in default as it was recently complied with by the assignee DCA ? I understand that they are not able to obtain a judgement, as in s127 it states that enforcement action is not permitted whist in default, but they are able to ignore my request and assign the debt on, and on if so desired, until a DCA does finally comply to the original CCA request. I wonder how long after a CCA request does non-compliance become a criminal offence under the Act? I suppose the reality is that one can make a CCA request and the account can potentially remain in default indefinitely, or until such time the creditor finally digs out the CCA and issues a claim. Which is what has happened here.

Always up for the fight Andy GodMother, will update the thread as soon as I have news re mediation and we'll soon see which way this will go. Just one thing, old rouge mentioned that s78(6) prevents them from obtaining a judgement; well I believe it should also prevent them from passing the account on whilst in dispute - which they ignored and passed on anyway. This clearly is a breach which I will mention to mediation or anyone who cares to listen. I don't know if they will care about such breaches, I suppose that's up to the judge to consider. Nevertheless, refusing to comply to my CCA request and bulldozing on as if the law doesn't matter should be brought up wherever possible. The question is will mediation care?

oldrouge, the issue is that it can easily be rectified - they simply send me a copy and that's the end of it. However, had the claim pack arrived a few weeks before it did, then this debt would have become statute barred. Unfortunately for me, The SB has been negated by the issue of the claim. If the original creditor was not happy to supply me with a copy of my CCA, then that was all fine with me. I obviously had planned on running down the SB clock but the claim issue has ruined that plan.

Dx, sorry I wasn't clear - the directions questionnaire is indeed a simple box tick exercise and obvious. This thread is 9 pages long and almost 6 years old. I have taken on board and acted upon invaluable advice from my fellow Cagger's, which I am extremely grateful to. It seems to me that this is a battle I am not able to win. The fact that Capital 1 passed this account on whilst my original CCA request dated October 2009 still remains outstanding is, to me, outrageous. I have a letter from Capital 1 saying that they have received my CCA request but will not comply until I sign it. Without regurgitating the historical failings and breaches, including the recent failure to comply to both CCA and CPR requests, I am at the point where I must mediate. OK fine. Let's mediate. But I ask myself has it been worth it? If companies appear to get away with ignoring laws and rules and go ahead and do as they please, is that fair? This account should never have been passed on until such time Capital One complied with my CCA request - and they have said that they won't. My question is really concerning all the points I have raised and if it's worth fighting for or just go into mediation and offer them whatever it is that I can afford per month and hope that they agree, avoid court and be done with it? If the latter, then I could have simply done this a long time ago and saved years posting what appears to be one long merry-go-round with the odds always and fiercely stacked against the consumer. This is really new territory for me so would obviously appreciate help from here. Thanks

Thanks unclebulgaria67. Andy and team, I have now received proposed allocation to small claims track - Directions Questionnaire and a couple pages asking if I wish to settle without going to a court hearing - Mediation. This is really new territory for me so would obviously appreciate help from here. Thanks in advance

There's one more before that one. 6 years ago I sent CAP 1 a CCA request which they responded that they will not comply because it's not signed. I complained to Lowell who confirmed that they "queried my concerns" and concluded that Lowell is unable to agree that Cap1 have not complied with my CCA request. Very odd!!

DX - yes that's another one. On 5 June BW responded, " We confirm we have received your request.... documentation will be forwarded to you upon receipt... within 12 days, however this is contingent on receiving the documents from your Original Creditor" It's been over 2 months now!

Thanks guys, Like you say Andy, it's neither here or there and I am sure I will soon find out. BW have not and probably will not comply with my CPR 31.14 request. Clearly they couldn't care less about their CPR duties. Should I send a copy of my CPR 31.14 request and proof of delivery "signed for" page to the Courts with a cover letter or would that be a wasted exercise? As they have indicated they wish to proceed, presumably, they have all their ducks in a row and are prepared to reveal all the documents which they mention in their POC before the Judge? I feel that I should be in a position to be able to review these documents before any potential hearing? Hence the purpose of my CPR request and the 7 day deadline before I filed my defence?