Update- Case stayed: Judgment not entered.

This is where I got confused- the order was dated 2nd and it said to file within 7 days. I have missed this due to our baby being delivered prematurely. The order came in post from FC BTW- not the court.

The claimant and defendent you have been sent notice N1491A, B or C which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionnaire with the CCBC by the specified date. IT IS ORDERED THAT It goes on here to say if either party fail to file the directions questionnaire their claim or counterclaim will be struck out. Are there any finer details you need?

That is definitely all they sent- how should I respond to this?

thanks for casting your eye over it D. That is all that the DCA produced. What are the implications of the lack of more T&C's?

Sorry- hopefully these will be OK

Here they are- thank you for your prompt reply Hope these will do

As you will appreciate- I am sleep deprived so this has added to that and I am really wondering where to go with it.

here is where we are at with this. !st sent a letter advising change of legal representation. They enclosed a copy of the agreeement along with a payment history. They also stated they were familiar with the format of my letter and the debt payment it comes from. They will not supply a copy of the deed of assignment as in their view I am not entitled to it as it contains sensitive commercial information. They sent a copy of notice of assignment and state that as the loan has passed its maturity date they take the view that a default notice is not required and suggested I propose settlement. Since then my partner and I had a baby a month early (which fell on the week I was due to return the Directions Questionairre). I have since recieved a 'General Form of Judgement Or Order' which states neither claimant or defendant returned the DQ before the stated date. This post all came from 1st C. I have 7 days from the service date (2nd Mar) to reply to his - I assume this 7 days does not include weeknends/non- court days? Any help on next moves would be hugely appreciated.

Hi DX...would it be OK to pop you or one of the site team a PM about this today.

I have heard nothing..which hope means its at least stopped judgement for now

Yep- correct. Requests sent- claim acked. Haven't made a payment since its apparent assignation. Checked credit record and there seems to be no trace of its life before 1st credit got their hands on it.

Name of the Claimant 1st Credit Finance Date of issue – 25th Nov What is the claim for – AA Loan What is the value of the claim- 2200 Is the claim for a current or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? Before (2005) 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: Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments:- Redundancy & breakdown in communications 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

Name of the Claimant 1st Credit Finance Issue date:25/11/14 What is the claim for – AA Loan POC: 1.On 05/10/2005 the defendant entered into an agreement for a loan with the original creditor under ref no ~~~~~********* 2. On 11/01/2011 the defendant defaulted on the balance with and outstanding balance of £2220. 3. On 15/05/2013 the debt was assigned to 1st Credit (finance) lts in the sum of 2192 by the creditor. A statutory notice of assignment was sent by the creditor. And the claimant claimes the sum of 2192. The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 15/07/2013-24/11/2014 on #2 (Sum here) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of #0.47. What is the value of the claim- 2200 Is the claim for a current or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? Before (2005) 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: Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments:- Redundancy & breakdown in communications 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

Letter arrived acknowledging the defence has been filed and a copy will be served on the claimant. Where do we go from here and is there anything needs preparing within the 28 day timescale?

EDITED: Lost password panic over. Called MCOL who allowed defence to be emailed- sent this morning- acknowledgement reply received! Thanks to Andy & The CAG team. Obviously if this gets dismissed/set aside I'll pop a paypal donation to the site..and match that sum to RNLI too.

Thanks Andy- so thats good to go then? If so I will file this evening. I can't thank you enough for your help.

Hi Andy- to my knowledge I just got a letter stating Arrow's purchase. Obviously the latest request hasn't been fulfilled.

Hi guys ..what do you think of this as a proposed defence? POC : 1.The claimants claim is for 6000.20 being monies due from the defendant to the claimant in respect of a regulated credit card agreement between the defendant and MBNA (No:**************) 2.And assigned to the claimant on 20/12/2011 notice of which has been provided to the defendant. 3.The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the consumer credit act 1974. The claimant claims the sum of 6000.20' 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. 1.(i) It is admitted that I the defendant have held accounts with MBNA in the past. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant (ii) The defendant has absolutely no knowledge of any debt residue and on the 28th October 2014 requested information pertaining to this claim by way of a CPR 31.14 request. The claimant's legal representative has failed to respond. (iii) The Defendant requested a copy of the alleged agreement from the Claimant by way of a request under Section 78 of the Consumer Credit Act 1974 on 28th October 2014. This letter was signed for as received on the 31st October. A letter was received from the claimant dated 6th November 2014 in which the Claimant advised they were seeking documentation from "the originating creditor". The Claimant has not advised a date by when they will be able to comply with this request and so is now in breach of this request. The Defendant believes that this shows that their Claim is unsubstantiated and without merit. 2. 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the consumer credit Act 1974. 3. It is denied with regard to the Claimant having served a Default notice and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement or contract with the Claimant; and (b) show and evidence the nature of the breach and service of a Default Notice and subsequent Notice of Sums in Arrears pursuant to the CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; (e) show how the Claimant has complied with the Consumer Credit Act 1974 with regard to pre-action protocol. 4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be unsubstantiated 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions". And the defendant has no knowledge of the Claimants assertion that they have complied. 7. The ‘Originating Creditor’ has previously stated in writing that only an ‘incomplete agreement’ is in existence- copies of this correspondence can be supplied on request. 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.

Thanks Andy- so its time to draft then. In relation to them saying they will grant an 14 day extension once documents are served- is this done in the hope of delaying my defence- I am very suspicious of it.

Right then- the 12+2 period is up so I assume I am looking at non-compliance and its time to file my defence??

OK folks- as the requests were signed for on 31/10 when should I be looking to file my defence as I have no faith in them supplying any of the requested documents.

Got a reply stating that they "Will request their client obtains a copy of the agreement, notice of assignment and default notice as per the request. The client will need to get these from the originating creditor and it may take up to six weeks to obtain. They will agree to an extension of 14 days from the date the requested documents are served to file a defence. They will revert to me once in receipt of the documentation" So, next step help would be appreciated (greatly!!!)

All documents were signed for 31st October so waiting to see what they come up with.

Oh- and AOS was done earlier today stating I would defend all.