Can they retry in future? Or is it written off completely? Thanks

I havent received anything from the court, just that letter from PRA

Yes that's it. The court clerk just parroted back to me that phrase, I asked her what does that mean? She repeated they've sent you a letter saying that. I googled it to find out what it meant.

Hi everyone. So sorry I've taken until now to update you all. The Friday before I was due in court on the Monday I received a letter telling me they have dropped the case. I phoned the court to confirm the case was infact dropped & I didn't have to attend court on Monday. They confirmed what the letter said. I cannot remember exact wording but will find letter & post the exact wording. I have heard nothing since. Good luck to all those who are following this thread going through the same procedure. Huge Thankyou to everyone who helped me & guided me along as I really didn't have a clue . I fully believe it's down to following your advice & guidance that is the reason it got dropped. Thankyou each & every one of you.

Thankyou

Thankyou. Do I now sign in & transfer this over like I did my defense or do I post it in with the exhibits & a covering letter apologising for it being late. Thankyou for all your help

Here's my draft. If you can point out anything wrong please I would very much appreciate it. Thankyou in advance IN THE ******* county court Claim No. *********** BETWEEN: XXXXXXXXX Claimant AND XXXXXXXX Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ** Sept 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1110.41. The claimant contends that the claim is for the sum of £953.40 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occured or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice. 4. The particulars of claim state the debt was assigned by Provident Personal Credit Limited to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned it to the Claimant, PRA Group (UK) Ltd. and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments. 5. On ** October 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to PRA Group (UK) Ltd. requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974 [EXHIBIT B]. 6. On ** October 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974 [EXHIBIT C]. 7. I have not received any of the documents mentioned in the claimants claim form. 8. The Claimant replied to my request on ** October 2016 [EXHIBIT D] and failed to supply any documents that I requested. 9. The Claimants pleaded case is that the Defendant entered into an agreement with Provident Personal Credit Limited under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had doorstep loans with Provident Personal Credit Limited in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon. Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 77.4 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______

Got this so far. (Had a family problem I've been dealing with this week) IN THE ******* county courticon Claim No. *********** BETWEEN: XXXXXXXXX Claimant AND XXXXXXXX Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ** Sept 2016, I received a claims formicon from the County Court Business Centre, Northampton, for the amount of £1110.41. The claimant contends that the claim is for the sum of £953.40 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer crediticon Act 1974 (CCA). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice. 4. The particulars of claim state........

Thankyou. I'll edit it to my case & post back to see if I've written it right. Thankyou for all your help, my custody case has more problems that I'm dealing with with solicitors, but now this debt case is the one coming up soon so I have to focus on both & prepare myself for the end of the month for this one. i greatly appreciate all your help.

I posted that the ws were due 10th Jan 2017 in post 68 & asked for advice on whether or not this has in the past been any cases where defendants are able to put in late apologising & the court allows it. Then again in post 82 I posted that I received Court letter stating Notice of Allocation to the small claims Track (Hearing) dated 13 December 2016 & 8 December that covers Witness statements in the paragraphs under 'It is ordered that' I don't know why you are questioning whether or not they were due in January, I'm late for ws & that's fact. I've had to type up the exact wording as you questioned why it was due then. I only know what I have received from the courts. I received it but was dealing with my child custody court case at the time so I put in the defense that you helped me with, but then focused on my custody case as more important. I somehow misplaced it, so I requested another copy. So now I know exactly what I've missed with the time schedules.

- Witness statements By 10th January, 2017 each party must send to the court & to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves & of any other witnesses (if any). Witness statements must a) start with the name of the case & the claim number b) state the full name & address of the person making the statement c) set out that persons evidence clearly & in numbered paragraphs on numbered pages d) end with this paragraph : "I believe the facts stated in this witness statement are true" e) be signed & dated by the person making the statement Then it goes to - MEDIATION DIRECTIONS

Received Court letter stating Notice of Allocation to the Small Claims Track (Hearing) dated 13 December 2016 It is ordered that: It covers Allocation Hearing date Hearing fee Witness statements Mediation directions It also ends dated 8 December 2016 They didn't pay the fee by 29th December 2016. I then received a letter from the court stating General Form of Judgement or Order dated 3 January 2017 It is ordered that Unless the Claimant do pay by 2.00pm on 10th January 2017 the hearing fee or file a properly completed application for exemption or remission from fees then the claim be struck out & the trial hearing will be removed from the Court list. This order having been made of the Court's own initiative a party by this Order may (i) apply to reinstate the claim on payment of the fee &/or (ii) apply to have the order set aside varied or pursuant to Civil Procedure Rule 3.3(5) &/or Civil Procedure Rule 3.6 provided that such application must be made to the Court within 7 days after the date on which the Order was served. Dated 3 January 2017

Thank you Thanks for reply. Purely only about the fee needing to be paid as the directions letter from December stated it had to be paid by 29th Dec. Yes I can put it on if needed.

Yes thats what the letter I have received from court says, but the advisor says theres nothing on the system. I'm following what this letter says as its just my luck if I dont it will suddenly appear on the system in the future.

They haven't done anything. There's nothing been received since the payment was due by 10th Jan & they have paid that. She even asked me where I got the information from that witness statements were due by the 10th Jan as it doesnt say that on the file, only that the claimant had to pay fees by the 10th Jan. She said she couldn't put a note on the file, it doesn't work that way. I have to write an application to the court & pay a fee, & know exactly what it is I'm asking the court to do, explaining clearly what I'm asking for. So what do I need to write in this witness statement? Is it that I've asked them for proof of the alledged debt, original copies of the details with my signature & examples of the letters I've sent them but received no response? Sorry I forgot, she also said to me it depends on whether I want it to go to court or not. I don't know what she was getting at as I thought I have no choice in the matter. They are taking me to court claiming I owe that amount & I have to defend it. Mediation said: Your contact details have been added to the court records, at the present time there has been no contact from the Claimant.

The directions state the hearing fee should be paid by 29th December 2016, I then received a letter from the court which stated the claimant had until 10th January to pay the fee or it would be struck out. I haven't been told when they paid, just that it was paid, so the claimants haven't complied with the courts directions twice with paying the fee before 29th December 2016 & witness statements also. I have only missed the one, I know that's also bad but at least it's only once not twice. I'm already suffering with panic attacks & anxiety without this added stress of this case. I'm dreading this.

Yes they did eventually pay the fee, the advisor told me when she told me the hearing is set for 27th March. I have received nothing from the claimaint apart from acknowledging the requests & postal order sent asking for copies. I am still waiting for mediation to reply they have until tomorrow according to their automated response, so if there's no email by midday, I'll ring them up & ask when can they arrange mediation. It's 21 days before the hearing so hopefully they can slot it in.

Witness statements were due by 10th January, this included the written statements of themselves & any witnesses (if any) Witness statements must (a) start with the name of the case & claim number (b) state the full name & address of the person making the statement © set out that persons evidence clearly & in numbered paragraphs on numbered pages (d) end with this paragraph : "I believe the facts stated in this winess statement are true " (e) be signed & dated by the person making the statement Mediation Directions Having considered the papers, the court believes that your case is suitable for mediation. Will I still be able to put in a witness statement & apologise to the judge & ask if they will please accept it being late? I know they'll bring it up & wont be happy about it, but is there a chance they'll accept it? Has anyone done this in the past? I have no clue what my statement should say even. Think I've completely messed this up.

What are a disclosure list & witness statement please? All I've done is put in the defense before christmas, not heard anything since 3rd January when I received a letter saying the applicant needed to pay the fee by 10th January or the case would be removed from case list. Not heard from PRA or the courts since. The lady advisor at the courts told me that there's a full claim hearing set for 27th March, not sure why I had the earlier date in my mind. She's sending me out a copy of the court letter so I'll have the information again of when witness statement needs to be in etc.. So I'm now waiting for the letter to see what I've missed & what to do next.

Court directions yes, The rest I don't know what it is, that's why I'm asking what I need. I'll find out as much as I can tomorrow from the courts Thankyou for your help

Not yet, still awaiting their latest reply. Will ring mediation in morning again. Also ringing court to confirm date & my instructions as I've mislaid the letter, somehow I've not filed it with everything else, goodness knows how. Anyway will find out tomorrow what's going on with mediation & what the next step is now with court. So what's the normal next step, go to court on the date set & see what gets said? I am not sure what I need to take with me. Thanks The Godmother Thankyou to everyone who's helping me, I haven't got the foggiest what I'm doing & am starting to worry again now court date is approaching

Court date set for 10th March, still not heard anything from PRA Will they just bring anything they do have as proof to the actual hearing? I'm reading other threads to try to work out what my defense will entail Thanks for your help everyone.

Received a form from mediation saying I need to be able to answer yes to all these 3 statements: 1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this? 2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment 3.I can confirm that I can mediate on the date stated above. (Mediation appointments are limited and can only be re-arranged under exceptional circumstances). Sorry to be dumb here but this is a no isn't it? I can't say yes to no. 2 so I need to let them know I can't do mediation as they need to provide documents requested? Thanks

Received 4 lots of letters since last posted. 1. PRA dated 20/10/2016 Request for Copy of Agreement (a)We are in receipt of your correspondence in relation to the accounts on the list attatched & have requested the required information. (b)We have enclosed your payments of £1.00 as PRA Group (UK) LTD do not require a payment to carry out a CCA request. © We will contact you to provide with an update asap but if you have any questions please telephone us on 0800 877 2772 where an agent will be able to assist you. 2. HM COURTS & TRIBUNALS SERVICE dated 21/10/2016 (a) acknowledged receipt of my defence (b) served a copy on the claimant 3. PRA dated 28/10/2016 (a) We write further to the above & confirm receipt of your defence. (b) We have written to the court to inform it that we wish to proceed with our claim. & todays which has confused me a little, do I say no to mediation as I am am denying the claim I owe them anything? 4. COUNTY COURT BUSINESS CENTRE, NORTHAMPTON dated 3/11/2016 Notice of Proposed Allocation to the Small Claims Track Important Notice If you do not comply with this notice the court will make such order as seems to be appropriate. This could include striking out the claim or entering judgement. TAKE NOTICE THAT 1. This is now a defended claim. The defendent has filed a defence. 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Directions Questionaire (Form N180) & explain why. 3. You must by 21 November 2016 complete the Small Claims Directions Questionaire & file it with the court office & serve copies on all other parties. It includes a Directions questionaire Small Claims track, A. Settlement/Mediation A1. Do you agree to this case being referred to the Small Claims Mediation Service? B. YOUR CONTACT DETAILS Thankyou

Thank you so much for all of your replies, I'll do it first thing before we leave in the morning Defence in & confirmed received.