have now had a notice of transfer of proceedings from CCBC saying case transferred to county court for allocation Any advice? Would it not help to contact the claimant to see if they will accept an out of court settlement (if you recall, I have no problem paying the proper original amount and never have had intention of avoiding that) many thanks Neil

Hi Andy I sent the acknowledgement of service, as well as basic defence well within the timescale A friend of mine thinks there may be an issue in risking the original hearing date coming and passing by, but I think this is irrellevant. Spoke to MCOL helpline and they confirm receipt of my defence, and agree that next step is in Claimants hands and that I would be notified in any case Sent CPR 31.14 and SAR request as discussed to appropriate parties. All quiet Anything else I should do, or be doing though? cheers Neil

thanks mate I really appreciate all your help I have absolutely no idea what may happen next, but all stuff has been posted now, so the mystery begins!

Thanks Andy ... initial donation made Last question. on the updated CPR template you have removed a paragraph ( copied below) Is this intentional? ( the claim IS under £10000) [Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]# # delete if claim for a sum exceeding £10,000

hello again Thanks for that. I have found the MCOL site and am doing that this afternoon I have sent the original lender (bank) an DSAR as you suggest I am now working on the CPR 31.14 .... just to check: You sent a template stating "Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:" (obviously delete where necessary) Then go on to list 4 items. The only things actually referred to in the POC however are: statutory default notice ... and that it was assigned to the Claimant (as I copied above) I understand how crucial and important wording can be and just wanted to check that I should use exactly the wording you suggest in those 4 sentences? PS: I am very impressed with the site and want to make a contribution. where is the card/Paypal link?

and the box on the form back to the court; any suggestion what to put in the 'defence' box?

Thank you so much for the assistance in this matter I will do as you suggest and keep the proof of posting Obviously I will return the Court form ASAP with intent on defending the case. Do you have an opinion on what I should actually put in the 'Defence' box on the Court form? Cheers

No, it is definately a personal account and not a business overdraft Thanks

PPS: claimant is MKDP LLP of Milton Keynes

Hi all The account is/was a personal one, just that for convenience I had statements sent to a business address that is now defunct My guess is that possibly, the bank never altered their records on receipt of my letter, and continued to send stuff to that address. They would clearly have had my home address details though on any application form, as proven by them writing out of the blue to inform that they had assigned the debt I think therefore it is slightly irrelevant, but it was a LTD company at that address, and it has dissolved POC: pretty standard and obviously copied and pasted as they havent even altered the singular/plural option The claimant claims the sum of **** being monies due from the defendant(s) to **** bank plc under a bank account facility regulated by the Consumer Credt Act 1974 and assigned to the claimant on **/01/2013. The defendant(s) account number was ......../........ It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by **** bank PLC. The claimant claims thesum of £**** and costs. The claimant has complied, as far as is necesssary, with the Pre-Action Conduct Practice Direction. I hope this helps PS: No default notice served at any time to me Cheers

Hi all I have received CC claims form with regards a current account overdraft, as well as a letter from January This was passed on to me by people still living in the house I used to live at. Claim is for under £1600 I had the account statements delivered for this personal (not my main personal acc BTW as I use Nationwide and have done for 20yrs) to my business address details at a former business that ceased trading. I did not use the account that much I wrote to the bank in March 2009 (hand delivered and signed for ... I used to run a courier company), informing them of demise, and telling them to cancel all D/D's etc and asking them to inform of how to proceed. Also saying not to send anything further to old business address. I didnt hear from them in any way for four years and frankly forgot the acc; in fact, 1st correspondence from bank was this letter to inform that the 'debt' had been assigned At no time has there been a 'default notice' that they allude to in POC I have no intention of not paying/trying to avoid anything that is due and am happy to reach a settlement, but the amount seems much inflated but I dont know how much by without having recieved statements etc! Also, I am cautious of these companies and want a full and final settlement with nothing outstanding I have seen and worked out how to send new debt owner a CPR 31.14 request from the forums here and can do that if thought useful Also, I could send the bank an SAR request, though time is critical. Obviously I need to sent court the acknowledgment of service form ASAP Do I: a/ Dispute the full amount b/ dispute part of the amount Anyway; how to proceed? My intention is to clear what is really due, and obviously avoid a CCJ, but not pay more than necessary if claim is inflated