Had letters from court on 8th March confirming defence sent to claimants solicitors. Not heard anything since. Checked online and last transaction was our defence. As we are well past the 33 days should this now be stayed and if so will the court automatically inform us.

Attached is the response received from solicitors in respect to our CPR 31:14 Request. DOC100317-1.pdf

Thanks Andy for the explanation and DX100UK.

Sorry if this sounds pedantic, but on the Claim Form the Particulars of Claim are all in one paragraph. Should the references to Paragraph 1 and paragraph 2 in the above defence be amended to say sentence 1 and sentence 2 or should they all say paragraph 1?

Andy...this may be a stupid question. When I log in and submit the defence should I include the particulars of claim before, as per your post?

Thanks Andy...will submit defence tomorrow for both myself and the wife

I have drafted a defence below. Could you please let me know if any amendments should be made. You have previously made reference (#5) as to why are they seeking judgment for a debt already secured. How can this be included? Thanks in advance. Particulars of claim: 1. By agreement(s) entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of £23k. The Claimant has requested payment but the Defendant has failed to pay the full sum demanded. 2. The Claimant claims the sum of £23k and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from 03/02/2017 until judgement or sooner payment. 3. Costs. The claim does not include issues under the Human Rights Act 1998. 4. The Claimant has complied with Sections III and IV of Practice Direction PreAction Conduct of the Civil Procedure Rules. Defence 1. 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. 2. I have in the past had financial dealings with Cabot Financial (UK) Ltd. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I am unaware of what account or contract the claimant refers to. 3. The claim is denied with regards to an amount due under an agreement(s). The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request. To date I have yet to receive a compliant response. 4. The Defendant also requested information pertaining to this claim from the Claimant by way of a Section 77 CCA request. To date I have yet to receive a response complying with the request. 5. The Claimant is put to strict proof to show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, if the Claimant is an assignee of a debt, 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. 9. 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.

Let's see what they provide in response to the CPR 31:14 request sent to Ascent

Yes ... Claimant - Cabot Financial (UK) Ltd Address for sending documents and payments - Ascent legal

I have spoken to Cabot and they have confirmed that they still own the account. They have passed on our CCA request to their solicitors....Ascent Legal.

Thanks Andy. Will call Cabot and ask them. I have a feeling Cabot are trying to avoid their responsibilities.

Hi Andyorch..just read over my previous post. Hope that you didn't think that I was referring to you as being a little confused or stupid..I was referring to myself. The actual wording in the letter from them is as follows: Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Your account is currently assigned to Ascent Legal for collection and therefore we are unable to action your request. I would ask that you re - direct your request to Ascent Legal who will liaise with you on the matter. We have today advised them of your correspondence for their reference. I have returned your fee of £1.00. If you have any queries regarding my letter please contact me. Your thoughts on this would me appreciated and thanks so far for your help.

Little bit confused or being stupid. My understanding is that Cabot should be responding to the CCA request as they own the debt. I think that they are suggesting that all matters are being dealt with by Ascent Legal and any requests need to be sent to them

Andy..the debt was assigned from Welcome Finance to Cabot in June 2015. It is a secured loan. I think that Cabot are saying that they are not dealing with our CCA request as it has been passed to Ascent Legal for collection.

Interesting response received from Cabot to my CCA request.... They are unable to deal with ourrequest as our account has been assigned to Ascent Legal for collection. Any request needs to be sent to them!