Noddle does not go back far enough to show any payments, but interestingly it shows a the default being after MKDP claim assignment

Thanks dx...on it

I have put the incorrect dates above...I mean 21st January etc. I have a genuine problem with dates so I double checked!

Regarding the last payment to the account, I have been unable to ascertain my payment times from my own records. I presume I should contact HSBC and ask them for this information

Sorry for the rush on this...These things always come at the worst times, serious marital issues regarding the extra-marital conduct of my other half were uncovered in the middle of this!

I am going to file the following defense 1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 by Special Delivery on February 21st 2014 and received by The Claimant February 22nd 2014. The defendant has received a reply to the request stating that the Claimant will require up to 8 weeks to comply with the request and the Claimant will not pursue further action during this period. The Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if 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. 5. 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 everyone. ..lots to do this evening the claim form was like a bolt from the blue. I dont recall an assignment notice or any letter before action...

The particulars are typed verbatim above. No I have not sent a cca??? What is it

Sorry for the short timescale and lack of detail. Some points... 1. If I signed a credit agreement it would have been 15 years ago and I have no way of knowing it had the prescribed terms attached 2. I do not recall a letter of assigment so do not recognise the claimant as a party to the agreement 3. It was a credit card This seems a bit tenuous now, I was rather more bullish at the start. I realise I should have posted a thread rather than rely on reading stickies. Can anyone post a link to similar defences?

I have to file a defense tomorrow. Should I go for an embarrassed defence.

Hi all, I have been attempting to progress my case based on surfaceagent20's stickies, but it has come off the rails and now I need help! 1. On 6th January (as dated on the form) I was sent a claim form from MKDP 'The claimant claims the sum of [less than 3k] being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC bank plc. The defendents account number was [xxx] and was assigned to the Claimant on 26/03/2013, notice of this has been provided to the defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of [] and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.' I responded with a CPR 31.14 notice on 20/1 by special delivery and gave the notice of service online. Having had no reply I responded with an N244 request for an extension for filing a defence and a draft order to have the documents produced with 14 days dated 5/2 and posted the next day by recorded mail. This was as per surfaceagents template. I recieved a letter form MKDP on the 7th Feb stating that they are unable to comply, are seeking the documents and this could take 8 weeks, with a confirmation that no action would be taken during this time. On friday 20th I received a general directions order dated 19th feb It is ordered that : The application is REFUSED. The time for the Defendant to file a defence is extended to 21 days from the date of this order. Reasons: 1. The particulars of the claim state that the Claimant has complied with the pre action protocol. The Defendant appears not to have requested further information at that time. 2.Paragraph 7.3 of PD16 does not apply when the claim form is issued online. 3. There is no reason why the Defendant cannot file and serve a defence indicating whether he admits or denies entering into the agreement pleaded and whether he admits or denies the amounts claimed. This seems outrageous! What do i do now???