Thank, Andy. Statement amended to the below: IN THE county court ofxxxx CLAIM NO: xxxxx BETWEEN: HOIST PORTFOLIO HOLDING 2 LTD Claimant -and- MR xxxx Defendant SUPPLEMENTARY WITNESS STATEMENT OF MRxxx of xxxxxxx ROAD, XXXXXX I, Mr XXXX the Defendant in this claim wish to submit further evidence, in addition to my witness statement dated XXXXXX, by way of this supplemental witness statement. I make this statement believing it to be true will state as follows:- 1. I challenge the Claimant's Exhibit (XXX1) (referred to as the 'Agreement') as it is clearly in breach of s.61 of the consumer credit Act 1974 thus - signing of the agreement, as it does not contain a signatureicon for the debtor and creditor, nor does it contain the prescribed terms from Morgan Stanley. Therefore, it is improperly executed. 2. Section 65 of the Consumer Credit Act states that "An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only." but the Court's discretion to determine the enforceability of pre-April 2007 agreements is removed by virtue of s.127(3). 3. It is denied that a default notice pursuant to s87 and s88 of the Consumer Credit Act 1974 has been received and the claimant is again put to strict proof to produce a true copy of the original default as per the court's directions. A valid Default Notice is a strict requirement before enforcement action can be taken following a breach of a regulated agreement. Whilst the Claimant states that one was issued, and has disclosed a "reconstituted" version from their system, they have not evidenced that one was actually issued following the alleged default and thus complied with the terms of the Consumer Credit Act 1978. The Claimant is prevented from taking enforcement action until a valid Default Notice has been issued. 4. Until the claimant supports with evidence their claim that the Agreement meets the criteria necessary for the Court to have discretion with respect to its enforceability, their assertion of compliance with s.78 being sufficient grounds for enforceability should be denied. On the basis of the above, I request that the Court rejects the Claimant's claim. 6. As per CPR 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant alleges to be 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. 8. 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. I believe that the facts stated in this Witness Statement are true.

Hi, I have had a go at drafting a SWS below - I borrowed heavily from isbo's thread (hope you don't mind, isbo!) and tinkered with it a bit. IN THE county court ofxxxx CLAIM NO: xxxxx BETWEEN: HOIST PORTFOLIO HOLDING 2 LTD Claimant -and- MR xxxx Defendant SUPPLEMENTARY WITNESS STATEMENT OF MRxxx of xxxxxxx ROAD, XXXXXX I, Mr XXXX the Defendant in this claim make the following statement believing it to be true will state as follows:- 1. I challenge the Claimant's Exhibit (XXX1) (referred to as the 'Agreement') as it is clearly in breach of s.61 of the Consumer Credit Act 1974 thus - signing of the agreement, as it does not contain a signature for the debtor and creditor, nor does it contain the prescribed terms from Morgan Stanley. Therefore, it is improperly executed. 2. Section 65 of the Consumer Credit Act states that "An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only." but the Court's discretion to determine the enforceability of pre-April 2007 agreements is removed by virtue of s.127(3). 3. It is denied that a default notice pursuant to s87 and s88 of the Consumer Credit Act 1974 has been received and the claimant is again put to strict proof to produce a true copy of the original default as per the court's directions. A valid Default Notice is a strict requirement before enforcement action can be taken following a breach of a regulated agreement. Whilst the Claimant states that one was issued, and has disclosed a "reconstituted" version from their system, they have not evidenced that one was actually issued following the alleged default and thus complied with the terms of the Consumer Credit Act 1978. The Claimant is prevented from taking enforcement action until a valid Default Notice has been issued. 4. Until the claimant supports with evidence their claim that the Agreement meets the criteria necessary for the Court to have discretion with respect to its enforceability, their assertion of compliance with s.78 being sufficient grounds for enforceability should be denied. On the basis of the above, I request that the Court rejects the Claimant's claim. 6. As per CPR 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant alleges to be 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. 8. 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. I believe that the facts stated in this Witness Statement are true. Signed Would this be ok? Any ideas on what else I can add based on the Claimant's WS above and the bundle I uploaded? Thanks for all the help again.

Thanks Andy - I will draft one up over the next few days and post it up here.

Thanks DX/Andy - I had a look at the MS T&Cs that was in that thread and it doesn't look like the T&Cs I received from HC. In order to insist on a copy of the T&Cs from MS, what's the best way to approach this? Should I send a supplementary WS to the court to address this and the points raised in the claimant's WS or should I wait until the hearing itself and address this then? That thread from DX makes note use of an N244 form to get the claimant to send original copies of the agreement - is this an approach I should take here or is that not necessary? Apologies for the questions (I'm confused about the way forward here) and appreciate the help.

I believe this has been allocated to the Small Claims track - does that make a difference in this case or am I completely misunderstanding things here?

Thanks DX - so they would need the T&Cs from MS in order to enforce the debt. i would assume that I should also see an assignment between MS and Barclays as well? Another question - would I be able to submit a supplementary witness statement to address the claimant's points, given the court deadline for disclosure was a couple of weeks ago? Sorry for the inane question, but I have little understanding of the process...

Thanks Andyorch - I did submit the WS as it was on time... Today, I have received the Claimant's witness statement, included with all the documents that I uploaded earlier. I have typed it out below: I, XXXX XXXXXX, of Howard Cohen & Co of Suite 1b Joseph's Well, Hanover Walk, Leeds, LS3 1AB WILL SAY as follows: 1. I am a Litigation Assistant, of Messrs Howard Cohen & Co, and I am authorized by the Claimant to make this statement on its behalf. I make this statement in support of the Claimant's claim to recover monies owing to the Claimant by the Defendant pursuant to monies owing under a contract. Save where I indicate otherwise, the statements in this witness statement are form my own knowledge or matters of which I have been advised by the Claimant. 2. Upon the issuing of these proceedings, there was a balance of £13000 outstanding which includes interest at the rate of 8% from the date of Assignment to the date of these proceedings being issued. Introduction 3. On xx February 2007 the Defendant entered into a Regulated Credit Agreement (the "Agreement") with Morgan Stanley for the provision of a Credit Card. There is now exhibited hereto marked "XXX1" a copy of said Agreement. (SFK1981 - this is the MS online application that I uploaded earlier) 4. Under the financial Terms and Conditions of the Agreement the Defendant was contractually obligated to make monthly repayments as they became due. There is now exhibited hereto marked "XXX2" a copy of the Terms and Conditions. (SFK1981 - this a copy of the Barclaycard T&Cs I uploaded earlier) 5. On 2 September 2011, pursuant to s.87(1) of the Consumer Credit Act 1974 (the "Act"), a Default Notice was served upon the Defendant requiring payment of the arrears to be made, the Defendant having failed to make payment in accordance with the terms of the Agreement. The Defendant failed to comply with the same and therefore the Agreement was terminated. There is now exhibited hereto marked "XXX3" a copy of the aforementioned Default Notice. (SFK1981 - this is a copy of the Mercers Default Notice - it is part of the document bundle I uploaded earlier) Assignment 6. A chronology of assignment is detailed as follows Morgan Stanley assigned the account to Barclays Bank PLC 7. On XX December 2012 Barclaycard assigned its rights and duties of this account to MKDP LLP. Such Notice of the Assignment was served upon the Defendant on x January 2013. There is now exhibited hereto marked "XXX4" a copy of the aforementioned Notice of Assignment letter. (SFK1981 - this is a copy of a letter purportedly from Barclays transferring the debt to MKDP LLP - again part of the bundle I uploaded earlier) 8. On 1 July 2015 Hoist Finance Limited completed the acquisition of Compello Holdings Limited and its subsidiary undertakings Compello Operation Limited, MKE UK Limited and MKDP LLP. 9. On x October 2015, the Claimant served Notice of the Assignment upon the Defendant confirming that the Defendant's account has been assigned to them. The Claimant confirmed that it had appointed is (sic) Agent (Robinson Way Limited) to attempt to recover the outstanding monies due. There is now exhibited hereto marked "XXX5" a copy of the aforementioned Notice of Assignment letter (SFK1981 - this is the notice of assignment from HPH2 - part of the earlier uploaded bundle) 10. On X January 2016, a Letter before Action was issued by Howard Cohen & Co Solicitors and served upon the Defendant. 11. The Defendant failed to file a response to the Claimant's Letter before Action, therefore, this Claim was issued electronically in the Northampton County Bulk Centre pursuant to Part 5 and 7 of the Civil Procedure Rules in respect of electronic data issue on X March 2016 and was deemed served at the Defendant's usual residing address on 7 March 2016. 12. The Claimant's claim was issued in the sum of £13000 (rounded). 13. The Claimant sufficiently particularised the claim, having identified the source of the debt. The Claimant prior to the issue of these proceedings has made a number of requests for the debt due and owing to be satisfied. Defence 14. The Defendant denies all knowledge of the debt. 15. The Defendant further alleges that the Claimant is not entitled to the relief claimed or any relief. Reply to Defence 16. The Claimant notes the comments made by the Defendant and will respond below:- 17. The Claimant draws the Court attention to paragraphs 1-8 above for confirmation of the debt claimed in these proceedings. 18. The Claimant confirms that the Defendant was provided with all evidence of the claim on XX October 2016 (SFK1981- this was the bundle that was sent to me and I originally uploaded) Conclusion 19. I therefore contend that the Defendant has no valid Defence to the Claim and respectfully submit that the Defendant is liable to Hoist Portfolio Holding 2 Limited for the following sums:- (SFK1981 - Sum total of £15000 (rouonded), includes the principal amount claimed, hearing fees and interest after issue) together with any other sum that the court deems just upon entering judgement. Signed by the litigant from HC The statement and exhibits also came with copies of the account statements from 2011/2 (again uploaded earlier). I'll be honest - I'm not all that impressed by that witness statement, but I'm still not sure how to play it here. Why would they send a Barclaycard T&C for an MS account? Surely, if they want to enforce the agreement, they should have the original T&Cs from MS (especially as the account is pre-April 2007 (from reading about Carey/HSBC), or does that not apply since Barclaycard picked up the account? In addition, the letter of assignment from Barclays to MKDP LLC doesn't have any letterhead or anything which would identify it as a letter from Barclays. It looks like someone just typed it up in word and printed it out. Any guidance you guys can offer on what to do next would be most gratefully appreciated. Would I be better off making some sort of offer of settlement or has that horse already bolted? Court hearing is not until 19th Dec, so I have some time (though not much) to read around, prepare and consider my options.

Hi Andy, I believe that was from the letter I received from the court prior to the mediation. I did receive another letter after mediation which I typed out in post #17, which specified the deadline of today at 4pm. I called the court and checked and it is this deadline I have to stick to. Thanks SFK1981

Hi DX, Just checked with the court. It seems that the deadline for submission is correct and that I need to submit my docs and WS by 4pm today. They also confirmed that as yet, the claimant has not filed anything with the court. In the absence of anything further in the next hour or so, I will go ahead and submit the WS I wrote up above - it will be better than submitting nothing. Thanks

Hi all, Should I be submitting a WS today then or should I wait 2 weeks before the court date? I know this is a silly question but I am really confused on the timings - is a WS still necessary in this step as I still haven't received a WS from HC yet? Thank you

Thanks again for all your help, but I think I am going mad because I don't see that line in the directions I received from my court in the notice of allocation to the Small Claim track - the directions from my court are as I wrote them out in post #17 (directions quoted again below): Given the above, I took that to mean that I need to submit my WS by today (to both the court and HC) - is that the case or am I being very silly here?? I did think it is a bit unusual to have such a long gap between the submission date and the hearing date, given what I have read on other threads here, but I guess each court does it differently....

Actually, the T&C from Barclaycard that HC had given did have my name and old address on it at the top - that was one of the documents I had edited before uploading to the site. The application to Morgan Stanley was submitted some time in February 2007. I'm not sure if that changes anything here - their (HC's) cover letter seems to indicate that I should withdraw as they think they have enough evidence. I'm not sure how to proceed with this now - I still don't have a witness statement from HPH2/HC (which is against the directions of the court), so I have no idea how they intend to use these docs in the case against me. Given I have to submit my defence by tomorrow, is it worth pursuing with my witness statement I posted above, perhaps noting the fact I haven't received the claimant's WS? I know I may be asking a stupid question, but I am really confused about which direction I should take now and I think I am feeling the pressure of the court's deadline to submit my defence by tomorrow. Being jetlagged doesn't help either! Any advice at this stage would be most appreciated.

Thanks for that, dx. That is all I received in the bundle from them. That cover letter and the various bits and pieces. There is no witness statement from them at all amongst the documents.

Ok - managed to figure it out.... 2016 RW CCA-CPR Morgan Stanley Card reply 6620000 CCA.pdf

The hearing itself is on 19th December, but we need to exchange documents before 4pm on 27th Oct (i.e. tomorrow) My post above was incomplete (pressed send too quick!) The bundle came with the cover letter below: Dear Mr. XXXXXXX Re: Hoist Portfolio 2 Limited -v- Mr XXXXXXXXXXXXXXX Claim Number: XXXXXXXXXXXXX We acknowledge receipt of your Defence on this claim. Please find attached further documentation in relation the debt owed. As the eveidence confirms your existing liability, we now invite you to withdraw your Defence and submit your repayment proposals to discharge the debt claimed in these proceedings. We confirm that our client will consider any reasonable offer to discharge the debt. We look forward to receiving your response or repayment proposals shortly. We trust this clarifies the position. Yours faithfully Howard Cohen & Co. The bundle itself contains the following documents only: - A barely legible copy of a credit application submitted on 03/02/2007 for a Morgan Stanley Credit card with a stamp for 05 APR 2016 - A copy of a Barclaycard Credit agreement - Several copies of default statements and charges from Barclays - A copy of a default notice from Mercers. - A copy of a notice of assignment from Barclays to MKDP LLP - A copy of a notice of assignment from MKDP LLP to HPH2 - A copy of a letter from Robinson Way detailing payment options My issue is that the court deadline for my witness statement is this Thursday (27th at 4pm), I really need to send my bundle today to ensure it reaches the claimant by the deadline (I can hand my WS to the court by hand as its not far from me). What could be my strategy here? I don't think that the WS I typed up earlier is any good here, but then again, HC haven't provided a statement of truth in their bundle to me at all. I'm not sure they could rely on Carey vs HSBC here as the agreement looks like it was originally entered into before April 2007. In addition, there is no witness statement from them in the bundle that they have sent me - are they not supposed to send me this as part of the court's directions? Thanks

Right - I just got back from holiday this evening (been away for 2 weeks) and found a bundle from HC dated 12th October in the post, with the following cover letter: Dear Mr. XXXXXXX Re: Hoist Portfolio 2 Limited -v- Mr XXXXXXXXXXXXXXX

Thanks a lot, Andy. I will raise this again nearer the time.

Hi all, I had a mediation service call last month, which naturally failed as I answered no to the question of whether I had all the paperwork I needed from the claimant. Today, I have received a Notice of Allocation to the Small Claims Track (Hearing): District Judge XXXXXXXXX has considered the statements of case and questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at XX:XX on the XX December 2016 at the County Court at XXXXXXXXXXXXXXXXXXXXXX and should take no longer than 2 hours. A hearing fee of £XXX is payable by XX October 2016 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. The court must be informed immedately if the case is settled by agreement before the hearing date. The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued. The parties are always encouraged to try and settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled. The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs. The following Directions apply to this Claim: 1) Each party must deliver to the other party and to the court office copies of all documents (including photos and correspondence) on which that party intends to rely at the hearing no later than 4pm on XX October 2016 and the original documents must be brought to the hearing. 2) The original documents must be brought to the hearing. 3) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order. 4) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves). 5) Witness statements must: a) Start with the name of the case and the claim number; b) State the full name and address of the witness; c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages; d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to that effect); and e) be signed by the witness and dated. 6) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above. 7) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary. Having looked at other similar claims from the same DC on here, I have have had a stab at drafting a witness statement below - I would be most grateful if someone here would be kind enough to have a look. Given I haven't heard from HPH or HC at all in the last 6 months (apart from HPH responding to my CCA request and returning my Postal order), I guess all i can file is a no documentation WS: WITNESS STATEMENT IN THE ******* county court Claim No. ******** BETWEEN: Claimant Hoist Portfolio Holdings 2 Ltd AND Defendant Mr ********** _________________________ ________ WITNESS STATEMENT OF ************ _________________________ ________ I ******** of ******** Road, *********** being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. On or around the 3rd March 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £9700. 2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued. 3. The particulars of claim fail to state when the agreement was entered into. 4. The particulars of claim state that the debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant. 5. On 4th March 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents pursuant to CPR 31.14 mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Hoist Portfolio Holdings 2 Ltd, requesting a copy of my consumer credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. 6. On 4th March 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 78 of the Consumer Credit Act 1974 [EXHIBIT B]. 7. The Claimants debt collector, Robinson Way, replied and failed to supply any documents that I requested.[EXHIBIT C]. 8. I have not received any of the documents mentioned in the claimants claim form. 9. The Claimant has mentioned the Credit Agreement, the Default Notice and the assignment in its Statement of Case and yet it has provided none of these documents, despite my entitlement to inspect these documents. 10. Until such time the claimant is able to prove a copy of the agreement pursuant to section 78 CCA1974, they are prevented from requesting any relief and any alleged agreement remains unenforceable until such time they can comply. It is therefore respectfully requested that the court compels the claimant to disclose all documents and failing to comply the court considers striking out the claimant claim pursuant to CPR 3 (PD 3.4) Statement of Truth I, ******** , the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______ I have an additional question as well, related to this process, if someone in the know would be kind enough to answer. How soon should I file my documents with the court/other party? ASAP or as close to the deadline as possible. If HPH/HC provide documents within the timeframe on the court order, am I able to file another WS if I have already sent it off to the court? Thanks again for all your help!

Hi there, Thank you so much for the help so far. A few weeks back, I received a letter from the Northampton CCBC that the case was being transferred to my local country court. Yesterday, I received the following 'Notification of Allocation to the Small Claims Track': THE COURT ORDERS 1. Pursuant to CPR 26.7(2) the Claim be allocated to the Small Claims Track 2. There will be a stay of 1 month to allow both parties to negotiate settlement of the claim by way of the Small Claims Mediation Service 3. Both parties to inform the Court by 1 September 2016 if settlement has been agreed or if an extension of the stay is required 4. If a settlement has not been agreed, then the claim be transferred to the Defendant's local Court to be allocated to the Small Claims Track and listed for a hearing on a date to be fixed by the court with a time estimate of 1 hour. 5. The Claimant pay the hearing fee ona date to be fixed by the Court. 6. No expert evidence being necessary, no party has permission to call or rely upon expert evidence. 7. Each party shall deliver to every other party and to the Court office, copies of all documents on which they intent to rely upon no later than 14 days before the hearing along with a signed statement of truth. It then offers use of the mediation service by way of telephoning/email to make an appointment, which I will make use of, going by some of the threads here. Given I haven't received anything from Hoist or HC, the mediation will most likely fail. There is also a small form (Reply to the Court) )at the end of the notification that gives me 3 options (I need to tick A or B and C): A. I agree that the claim should be dealt with on the papers alone OR B. I do not agree that the claim should be dealt with on the papers alone. AND C. I have sent a copy of this completed form to the other party Is this a form I need to complete at the end of the mediation or right away? Thank you again for your advice,

Thanks, andyorch. My submission date is next Friday - I would be grateful for any assistance/tips on filling this form out. EDIT: just saw on one of the other threads that I just send the form back agreeing to mediation. I guess this is the same case here.

Thanks for this, Andy. I did file the defence on time with the suggested amendments. Today, I received a 'Notice of Proposed Allocation to the Fast Track' along with a 'Directions Questionnaire (Fast track and Multi-track). The 'Notice of Proposed Allocation to the Fast Track' is as follows: Important Notice If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement. TAKE NOTICE THAT 1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed (this line is crossed out) 2. It appears that this case is suitable for allocation to the fast track. If you believe that this track is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why. 3. You must by 3 June 2016 a) complete the Directions Questionnaire (Form N181), file it with the court office (NCCBC address) and serve copies on all other parties and b) attempt to agree directions with all other parties and c) file proposed directions (whether or not agreed) with the Directions Questionnaire As always, any advice you can provide here would be most appreciated.

Thanks again, dx, for the help! I received a letter from Robinson Way on Saturday stating the following: Dear Mr XXXX Due to: HPH2 LTD (Ex Barclaycard) Our Reference: xxxxxxx Account Number: xxxxxxxxxxx Amount Due: £13000 ([rounded by me]) We acknowledge receipt of your request under sections 77-79 of the consumer credit Act. Your account is now with our client's solicitor Howard Cohen & Co and they have issued a county court Claim against you. As you have filed your defence in this matter, all documents will be requested by our client's solicitor Howard Cohen & Co as part of this process therefore please find enclosed your £1.00 fee. If you have any questions please contact our office on 0345 266 8876. Your faithfully, Customer Contact Manager I haven't received anything from Howard Cohen & co. From reading around, it seems this makes no bearing on me filing my defence for 01/04/2016. Regarding my defence, I have come up with the following based on other similar threads: 1.This Claim is for the sum of £9700 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £9700 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3150 3. Future interest accruing at the daily rate of £2.13 4. Costs 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. Paragraph 1 is noted. I have had financial dealings with Barclaycard in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 8. On the alternative, as 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 reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Any thoughts on this? Thanks again for your help!

Hi dx - thank you for these links. I will send both letters off today/Monday by recorded delivery. I will update the thread with any responses I get. Thanks again for your assistance.

Hi dx - thank you for the link, please find my answers below: Name of the Claimant - HOIST PORTFOLIO HOLDINGS 2 LTD Date of issue – 01/03/2016 (I guess this gives me until 01/04/2016 to file a defence - by 4pm - dx] What is the claim for – 1.This Claim is for the sum of £9700 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £9700 2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3150 3. Future interest accruing at the daily rate of £2.13 4. Costs What is the value of the claim? Around £13k including all fees Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was made redundant and was out of work for a year - managed to make payments for a few months until the debts just accumulated and I just crumbled. What was the date of your last payment? 24/05/2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Thank you so much for your help.

Hi all, I am hoping someone can kindly help here. I received a Northampton County Court Claim form today from the above claimants for an old Barclaycard debt that has been passed to MKDP and then these guys. The claim was issued on 01/03 I filed the AOS online today via MCOL, with the intention of defending the claim in full. The POC is as follows: 1.his Claim is for the sum of £9699.45 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). 2. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 3. The Defendant has failed to make contractual payments under the terms of the Agreement. 4. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £9699.45 2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3146.33 3. Future interest accruing at the daily rate of "2,13 4. Costs In total, they are claiming over £13k.... Long story short, I was made redundant from my job and I was out of work for over a year - as a result I ran out of money to keep up my credit card payments and ultimately could not keep up the payments and stopped paying altogether. I buried my head in the sand somewhat and hoped the problem would go away, stupidly. If someone can guide me through what needs to be done next and what letters/forms need to be sent next, I would really appreciate it. I am so worried that bailiffs will come knocking on my door - I don't even know where to start with defending this.... Any help or guidance you give will be most appreciated.