Thank you, it’s much appreciated. Defence now complete.

My deadline is today so will have to submit and hope for the best

1. By an agreement between Newday Ltd Re Aqua and the defendant on or around 27/12/2012 NewDay Ltd re-Aqua agreed to issue the Defendant with a credit card. 2. The Defendant failed to make the minimum payments due. 3. The agreement was terminated following the service of a default notice 4. The agreement was signed to the Claimant. 5. The Claimant therefore claims £330.50 plus costs. 1. The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The Claimant has not complied with Paragraph 3 of the PAPDC (pre-action protocol), failed to serve a letter of claim pre-claim, pursuant to PAPDC changes of 01 October 2017. It is respectfully requested that the court take this into consideration, pursuant to 7.1 PAPDC. 3. The Defendant is unaware of what alleged debt the Claimant refers, having failed to adequately particularise its claim, the particulars of claim are vague and generic in nature. The Defendant therefore sought clarification by way of a CPR 31.14 and section 78 request, which the Claimant has failed to comply with. 4. The Claimant alleges the agreement was terminated following the service of default notice to the Defendant. The Defendant does not have any record of this. 5. The Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136. The Defendant does not have any record of this. The Defendant denies owing any monies to the Claimant or interest pursuant to the County Courts Act 1984. The Defendant is unaware of what account or contract the Claimant refers to, nor having received any default notice pursuant to the Consumer Credit Act 1974. The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to: 1. Show how the Defendant has entered into a legal signed agreement with the Claimant; and 2. Show how the Defendant has reached the amount claimed; and 3. Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. To provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to the Law of Property Act 1925. 5. On receipt of this claim the Defendant requested by way of CPR31.14 and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter. The Claimant has confirmed they do not have these details as requested and therefore cannot provide. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed. 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 1925 and Section 82a of the Consumer Credit Agreement Act 1974. 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. Is this ok?

Yes sorry I sometimes have problems where I upload text but it doesn’t show. So I upload it again and then it appears twice.

1.By an agreement between Newday Ltd Re Aqua and the defendant on or around 27/12/2012 NewDay Ltd re-Aqua agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payments due. 3.The agreement was terminated following the service of a default notice. 4.The agreement was signed to the claimant. The claimant therefore claims 330.50 plus costs. The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with Paragraph 3 of the PAPDC (pre-action protocol), failed to serve a letter of claim pre-claim, pursuant to PAPDC changes of 01 October 2017. It is respectfully requested that the court take this into consideration, pursuant to 7.1 PAPDC. *The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Defendant is unaware of what alleged debt the Claimant refers, having failed to adequately particularise its claim, the particulars of claim are vague and generic in nature. The Defendant therefore sought clarification by way of a CPR 31.14 and section 78 request, which the Claimant has failed to comply with. The Claimant alleges the agreement was terminated following the service of default notice to the Defendant. The Defendant does not have any record of this. The Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136. The Defendant does not have any record of this. The Defendant denies owing any monies to the Claimant or interest pursuant to the County Courts Act 1984. The Defendant is unaware of what account or contract the Claimant refers to, nor having received any default notice pursuant to the Consumer Credit Act 1974. The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to: Show how the Defendant has entered into a legal signed agreement with the Claimant; and Show how the Defendant has reached the amount claimed; and Show how the Claimant has the legal right, either under statute or equity to issue a claim; To provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to the Law of Property Act 1925. On receipt of this claim the Defendant requested by way of CPR31.14 and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter. The Claimant has confirmed they do not have these details as requested and therefore cannot provide. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed. 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 1925 and Section 82a of the Consumer Credit Agreement Act 1974. The Claimant has not complied with paragraph 3 of the Pre Action Protocol. Failed to serve a letter of claim, pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 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. Hi is this Ok. I put it on this morning but for some reason it didn’t upload properly, so sorry short notice!

Yes I’ve got something together that I was going to upload over the weekend and submit on Monday.

Okay, thanks

Hi all, today I received the attached document. It says they do not have original documentation so is therefore unenforceable, but they will continue to call and send letters. do I still send the defence in please? Or should I take their word for it and leave it....?

Thanks. Just thought it was a bit of a none event after all that lol. But yes if it helps someone else then that’s great. BT have sent me confirmation via message with a reference number so I think I have everything I need. Thanks again.

Thanks so much, BT have just confirmed they will waive the contract and there will be no charge. this post can be deleted if needed, but thanks for the input, it’s really appreciated.

He will have told them. One of the side affects of his anxiety - he tells everyone everything. I’ve taken over dealing with it with BT now. Hopefully they will waive it given his vulnerability He said: Not estate agent it’s the letting agent. I have to terminate the line before the 20th. She’s given me an extra month to do it. Then he said that BT will not terminate the line until the remainder of the contract is paid - circa £350

How do I challenge it then? It’s causing extreme anxiety.

Hi all hoping someone can advise please... My friend separated from his wife in January I moved into his own flat in May. He set himself up but has quickly realised that he cannot afford to live in a flat on his own at this time due to debt from his marriage, child maintenance payments and credit card payments. He ended his tenancy last month and he is due to move out the flat on 20th of November. He will move in with me for a short time until he can get back on his feet. He has mental health issues including anxiety and depression and has been on medication for this for 18 months and had intensive CBT for his issues. he rang BT to end his contract. The estate agents he rents with have said that the contract with BT needs to be closed before they will allow his tenancy to end. If he doesn’t close it they will withhold his deposit and bond. BT have said they want £350 to end his contract early. I am already with BT and have been for over two years. They told him that the only way they would let him end his contract early is if the new place he is living will take over his contract. But I’m already with them so I can’t. any help would be appreciated.

Hi, I received a letter from Cabot saying that the do not have the files but will contact me again in 12 days. I suppose this is a tactic to stop me defending the CCJ? Can I put the defence in now, or should I wait until closer the deadline? thanks

Lol OK, really appreciate the help, thank you.