Just got a letter from Recovery Force debt recovery demanding £650 within the next 72 hours. Unbelievable! Just when I thought this was all done and dusted. Do I send them another section 77 & 78 request or just ignore it this time?

Hi! Just to draw everything to a close, CCM finally responded to Experian and their bad debt record has been removed from my credit report. Thanks to everyone who helped me, you guys are amazing!

As far as I can see it's the debt collector under another name, Capital Corporations (UK) Ltd.

Just when I thought this had gone away. I checked my credit report today and lo and behold the disputed amount has mysteriously appeared. Looks like it was added a few weeks back. I've got Experian's anti-fraud team on the case now.

Now I've followed a better link from a Google search you are 100% correct. Awesome! Thank you so much for your help andyorch

The exact wording is as follows. It is ordered that: The Claim is struck out. This notice is served pursuant to paragraph 2.5 (2) of the Practice Direction supplementing Part 51 of the Civil Procedure Rules.

After another read it was struck out because of paragraph 2.5 (2) of the Practice Direction supplementing Part 51 of the CPR which is as follows - (2) Annex B sets out some specific requirements that apply where the claimant is a business and the defendant is an individual. The requirements may be complied with at any time between the claimant first intimating the possibility of court proceedings and the claimant’s letter before claim.

There was no reason given unfortunately.

Good news! Just got a letter from the court and the claim has been struck out! Hopefully this means the end of all the hassle I've had.

I wonder if the claimant is reading this thread as the agreement turned up in the post today, well over a month after I asked for a copy using the CCA. Needless to say it's still the case that the only details that are mine are the name and address. I have yet to send the allocation questionnaire back.

Thanks ever so much.

Today I've received an allocation questionnaire from Northampton CCBC. Filing date is 5th Nov. What's the best way to fill it in? Do I add more information now or do I simply state that additional information regarding the disputed debt has been denied?

Ok, just sent it. Have to see what happens now.

Awesome, thanks! I have to admit I'm finding a lot of this completely baffling and I consider myself quite intelligent.

This is my new draft. I've taken out any mention of my bank statements and removed all attachments. I'm not sure whether to keep the line about my name change as it's irrelevant to this case, it's there purely to cover myself as the case is in my old name. 1. I, xxxxxx am the Defendant in this action and make the following statement as my defence to the case brought by xxxxxx 2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant. No particulars or evidence are offered in relation to the nature of the written agreement referred to or any other matters necessary to substantiate the Claimant's claim. a) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. 3. It is denied that any agreement was ever in place between the claimant or the alleged assignor and myself. The Claimant has failed to provide any evidence in support of its claim by way of documentation and continues to deny the Defendant relief to inspection of the alleged agreement. 4. For the sake of completeness and to assist the courts management of the case I now provide the following history; a. I was initially contacted by xxxxxx in xxxxx regarding an alleged indebtedness, I challenged this and was advised during a telephone conversation with xxxx that it did not have my correct date of birth. xxxxx further advised that it believed I was the subject of identity fraud and that I would not be contacted again. I took out a CIFAS registration for a year after this event. b. I did not hear anything further until a letter dated xxxxxx arrived from Capital Credit Management stating I owed the already disputed sum of £xxxxxx from MEM Consumer Finance. The alleged Notice of Assignment has never been receipted. c. I sent a letter of dispute to Capital Credit Management dated xxxxxx This letter was ignored and, against OFT guidelines, another letter was sent by Capital Credit Management dated xxxxx for the disputed sum. d. On advice from the Citizens Advice Bureau I responded to this on the xxxxxxxx by requesting a copy of the executed agreement and a statement of account. Capital Credit Management as of xxxxxxx has denied relief to my request and has retained the statutory fee. e. I received the Claim Form on xxxxxx. I requested relevant information from Capital Credit Management dated xxxxxxx using a CPR18 and a separate CPR31.14 request. As of xxxxxxxx I have yet to receive anything other than limited information. In regards to the information supplied I can confirm that the only details that applied to me at the time of the disputed debt are the name and address, all other details supplied are unrelated to myself. f. I responded in writing to Capital Credit Management, dated xxxxxxx (attached marked xx), stating that the information held did not relate to me apart from the name and address and that either a mistake had been made or that I was the victim of identity theft/fraud. I have, as of the xxxxxxxxx, yet to receive a reply. g. I have reported this fraudulent incident to Sussex Police ref: xxxxxxx and Action Fraud ref: xxxxxxxx. h. I confirm that I changed my name by deed poll on xxxxxx and I have lived at the same address for xx years. My credit records of both names have been merged, and no records of the alleged indebtedness have been reported. 5. In accordance with Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to any relief as claimed.

Thanks, that makes sense. I'll rewrite it all in the morning as it's getting a bit late to be writing something so important.

So basically what Mike has written is sound but I just need to remove all referrals to attachments then? I was hoping they'd help me get this thrown out without a hearing.

Wow! Thanks for the assist. I was going to post everything tomorrow by guaranteed post as the website refuses to acknowledge my userid.

This is what I've written for my defence so far. I have never entered into an agreement with MEM Consumer Finance. I initially challenged this debt in xxxxxx and was informed by telephone that they did not have my correct date of birth. They confirmed it was identity fraud and that I would not be contacted again. I took out a CIFAS registration for a year after this event. I did not hear anything more until a letter dated xxxxxx arrived from Capital Credit Management stating I owed the already disputed, fraudulent £xxxxxx from MEM Consumer Finance (attached). During this time I never received a notice of assignment from either party. I sent a letter of dispute to*Capital Credit Management dated xxxxxx (attached along with proof of posting). This letter was*ignored and, against OFT guidelines, another letter was sent by Capital Credit Management dated xxxxx for the*disputed £xxxxx amount (attached). On advice from the*Citizens Advice Bureau I responded to this on the xxxxxxxx by requesting a copy of the*executed agreement and a statement of account (letter and proof of posting attached) neither of which I have received from Capital Credit Management as of xxxxxxx. I received the Court form on xxxxxx. I requested relevant information from Capital Credit Management dated xxxxxxx using a CPR18 and a separate CPR31.14 request (attached along with proof of posting). As of xxxxxxxx I have yet to receive anything other than basic information (attached). In regards to the information supplied I can confirm that the only details that applied to me at the time of the disputed debt are the name and address, all other details do not relate to me at all. The date of birth is not mine, the phone numbers supplied have never been mine, I have never been employed by xxxxxxxxx and I have never owned the email address supplied. I have retrieved my bank statements from that time and can confirm that there is no transaction relating to MEM Consumer Finance or any of their trading names. I wrote a letter back to Capital Credit Management, dated xxxxxxx (attached), stating that the information held did not relate to me apart from the name and address and that either a mistake had been made or that I was the victim of identity theft/fraud. I have, as of the xxxxxxxxx, yet to receive a reply. I have reported this fraudulent incident to Sussex Police ref: xxxxxxx and*Action Fraud ref: xxxxxxxx. I changed my name by deed poll on*xxxxxx and I have lived at the same address for xx years. My credit records of both names have been merged. Neither the original creditor nor anyone else has contacted me in this time regarding this alleged debt. Is there something more I should add, I think I've covered the basic facts?

Thanks, I may just do that as I think I'm going to need as much help as possible.

I haven't heard anything since the last letter I received which is disappointing. I've photocopied all correspondence to send together with my defence, which I'll be writing up tomorrow to send to arrive at the court Monday.

How does this sound as a letter to the DCA? Dear Sir, Re: xxxxxxx Thank you for your letter dated xxx confirming details of the debt to xxx. As I have stated previously I believe this to be a case of either identity fraud or an error has been made and the details you have provided confirm this. The only details that applied to me at the time of the disputed debt are the name and address, all other details do not relate to me at all. The date of birth is not mine, the phone numbers supplied have never been mine, I have never been employed by xxxxx and I have never owned the email address supplied. As I have also stated I have never taken out a payday type loan with any company whatsoever. I have retrieved my bank statements from that time and can confirm that there is no transaction relating to xxxx or any of their trading names. I am willing to obtain a statutory declaration from a solicitor if required. I have reported this as identity fraud to Action Fraud, which is run by the National Fraud Authority a government agency who are contactable on xxxx. The reference number I have been given is xxxxx and xxxxx is the person dealing with my report. I have also reported this directly to Sussex Police Ref. xxxxxx I invite you to withdraw your claim against me as I can prove that this debt is not mine and to stop this mistake continuing. Yours sincerely

Oh sorry I misunderstood. I might give the numbers a call and I may phone their employers too. Ok tried the numbers, one goes straight to voicemail the other one has been disabled.

My main concern with phoning them was that they could alter the agreements, etc. with any details I gave them, but now I've got a letter with all the relevant information I think I may call them, probably on Monday as I still want to draft a letter to send them tomorrow.

Just phoned a local solicitor who gave me better advice than all the above organisations put together. He seemed to agree with Mike that I could defend myself as costs aren't usually awarded in small claims. Great idea UB67, I'll do that. I've also been informed by a friend that I could get a statutory declaration with a solicitor for minimal costs.