I am struggling to log into MCOL again. It seems once you hve logged in when you try 2nd time it does not go through. It keeps saying user name or password not found. Can I email the response form (page 2 only) or does it have to be posted.

Reason for the above was to avoid the issue of a letter of claim. If the NOA was incorrect they would have no reason to issue a Letter of Claim. Not having a legal background thought this was the best way.

Name of the Claimant ? LOWELL Date of issue – 26 NOVEMBER 2021 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £1443.27 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxx 2.The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on 27-04-16, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £115.46 The Claimant claims the sum of £1558.73 What is the total value of the claim? 1753 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes they did but its more than 30 days after letter when they issued the claim form Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after April 2007 ? 2012 Do you recall how you entered into the agreement...On line /In branch/By post ? OVER THE PHONE Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES 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? NOT ORIGINALLY - BUT THEY HAVE EMAILED ME A COPY Did you receive a Default Notice from the original creditor? NOT SURE Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? NO Why did you cease payments? EXCESSIVE CHARGES AND PPI CHARGES What was the date of your last payment? NO SURE = ABOUT JAN 2016 Was there a dispute with the original creditor that remains unresolved? YES - REGARDING CHARGES AND PPI Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO Claim Form - Overdale.pdf

Hi - after some advice please. Had a credit card with Vanquis handed over to Lowell on 24/04/2016. When they originally contacted me I dispute the outstanding amount as there were PPI charges on the account which I trying to get back from Vanquis. Stopped receiving letters from Lowell so that was that. back in 2019/2020 started getting letters again from Lowell which I disputed. I did ask for a copy of the notice of assignment but got sent an email copy which was not on a letterhead also contact numbers missing so queried this as not being a true copy and something they had just printed off. The amount on the NOA is £1516 but on my credit record its £1443 so not sure why the amounts are different. About a week before receiving the claim form I got a letter from Lowell saying that they had wrongly put charges on my account and would be refunding these, although did not give amounts. Got a claim form from them on 26/11/2021 issued by Oversales but the amount in the form does not reflect any refund either. I have not idea why my credit record saying £1443 but they are stating £1516. I will be replying to the claim form via moneyclaims and send SAR to Oversales but would appreciate advice etc regarding my defence. I am attaching copies of letters I have from them. CAG - NOA.pdf Overdale notice of N1 issued letter.pdf

Hi - what is the next step would it be a court date. Also how long does it take before we hear back from the courts. Deadline for N180 was 11th October.

There are no lawyers so will just post tomorrow so they should get it Monday which is the 11th,

GB Account application.pdf exhibit 8 as requested JUst completed the N180 form do I email it to the same place as the defence. ccbcaq@hmcts.gsi.gov.uk. FYI just received a statement from GB in the first which is the first statement we have received from them.

Attached is GB response. docs1.pdf

We have just received an email from GB with their response. Do we reply to that or submit our own. Just blocking our names then will post.

Do we use the same defence. My concern is that it should not even be going to small claims court. The debt is for the company TME which had to close down as it could not sustain itself and they are asking my husband to pay for it personally. There were also 2 other directors involved with the company.

Just got a Notice of Proposed Allocation to the Small Claims track we need to complete an N180 form and return it by October 11.

I can't use MCOL it will not accept my username or password. Have been trying for about 4 days to access. Spoken to MCOL helpline twice, they cannot help as to why I cannot use. Both times advised me to sign and scan defence form and email it in with my defence. Did not realise I could just cut and paste defence onto an email without signing it therefore printed defence, signed it and scanned to attach with email.

Thanks - I printed the defence and made him sign it!!! But will do it your way as much easier just copying and pasting. Does he need to complete page 4 and sign the back of it as when I spoke to the MCOL helpline today they said he did. She wasn't very helpful either.

AMAZING and thank you so much. Still not able to access online MCOL so will be emailing. Just waiting for hubby to get home so he can sign the form. Will keep you posted.

They have issued the claim using my personal address and not the companies. I did ask them to remove this info from their records. We do not want our personal address used by them at all.

On 15th March it was agreed by my hubby (they used his full name) and myself (XXXXXXX) that they would make payments of £100 per month to the outstanding account. This was done over the next 3 months. The last payment received was 03/06/2021. I was then advised by XXXXXXX that the company was being shutdown and the assets were being sold off. When the account was opened both my hubby and another director guaranteed the account if the company could not. Where I have put XXX they have used my full name The claim is in my husbands name, I am mentioned in the above bit.

Still no luck with MCOL website. Still saying its incorrect. Any updates on defence so I can submit today before 4pm

No - I used the instructions you gave me above. The court lady said claim is still active as thought it might have been cancelled. Just tried MCOL again and still same issue saying my login details are incorrect!!!! Is there a way I can find out without phoning to see if the claim is still valid. I am hoping because I said we would do a defence that GB have cancelled it.

Just spoke to them and they told me I can only use the password once and that defence has to be done via email. Hubby needs to fill in defence & county claim form, sign, scan and then send with the defence. What time should I wait to send the email.

I've just tried to log in on MCOL and its telling my claim number and password are incorrect????? On hold to them now as not sure what is happening that I can't log in. Just tried to log into MCOL and its saying my claim number and password are incorrect???? On hold to speak to someone now, do you have any idea why this is happening.

Thank, have made changes and will be sumbitting in the next 20 minutes or so. Hopefully will be dismissed but will keep you posted.

Hi - defence as follows: What is the claim for – the reason they have issued the claim? On 15th March it was agreed by Mr XXXXXX and Mrs XXXXXXXX that they would make payments of £100 per month to the outstanding account. This was done over the next 3 months. The last payment received was 03/06/2021. I was then advised by myself that the company was being shutdown and the assets were being sold off. When the account was was opened both Mr XXXXXX and Mr XXXXXXXX director guaranteed the account if the company could not. ########Defence####### 1.I Mr/Mrs Xxxxxxxxx the defendant in this claim contend that the particulars of claim vague and are generic in nature and fails to comply with Practice Direction 16 of the CPR. 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) Misrepresentation - the document is headed 'Credit Account Application Form' and for it to be a personal guarantee is misrepresentation by the creditor. The Application form asks for details of mpany/Partnership/Sole Trader 2) The Application Form was not signed in a personal capacity but as a Director of XXXXX Limited. Additionally if this Application Form is found to be a guarantee it has an unreasonable indemnity clause within the meaning of the Unfair Contract Terms Act 1977 (”the 1977 Act”). The form that is the subject of this guarantee was between the Claimant and XXXXX Ltd. My involvement as a guarantor was purely a personal matter between myself and XXXXX Ltd 3) I did not provide this guarantee in return for a fee or commission therefore my trade or profession is not that of guarantor. It is therefore submitted that I was ”dealing as a consumer” within the meaning of section 12 of the 1977 Act (R & B Customs Brokers Company Ltd v United Dominions Trust Ltd [1987] EWCA Civ 3). 4) As a result of the above case, the guarantee must be reasonable and it is submitted that the guarantee does not meet the reasonableness test of section 11 of the UCTA1977 Act and it is noted that by subsection (5) that it is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does. 5) It is my belief that the guarantee does not meet the reasonableness test for the following reasons. 6) I had no intention of entering into a personal guarantee nor did my wife who you have mentioned in the particulars of the claim. She is not a director of the company either. 7) What is purporting to be a personal liability is incorporated in the body of a document which is clearly designed to impose liability on XXXXX Limited and not myself personally. The company stopped trading in June 2021 due to severe financial issues and having no income coming in to sustain running of the company and it was there agreed by all 3 directors that the company should be closed. 8.It has been shown above that I am a consumer in this case. Under the Unfair Terms (Consumer Contract) Regulations 1999 (regulation an unfair term is not binding on the consumer and therefore I cannot be held liable for the XXXXX Ltd debt. 9) Under regulation 5(1) of the UTCCR a contractual term that is not individually negotiated will be regarded as unfair if, contrary to the requirements of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer. The Application Form was clearly pre-printed and was a standard form of the Claimant and therefore cannot have been individually negotiated. By trying to pass the liability of a third party to myself, without my knowledge, there has clearly been an imbalance in the parties rights and is to the detriment of myself financially. Use of my personal address as well as mention of my wife in the particulars of the claim I believe makes the claim invalid. My wife (S xxxx) is not a Director of the company is not responsible for financial matters of the company.

Sorry - thought it was working days!!! Sorting it out now and will post. Are you able to confirm the type of company, the company is registered as a LTD company although there were 3 partners, my hubby being the managing partner, so is the company regarded as a LTD company or a partnership? The reason I am ask as in the account application form it states that the other directors need to be listed in the case of a partnership the home address needs to be given which they have used in their correspondence and claim form. What do I say about them including my name in the claim as I have not signed anything but are hold me responsible as well.

Hi can I just confirm day 33 will be on on 6th October, claim form was dated 20th August. Working on defence now so just need to know timescale as would appreciate your input before I send it.

Hi - sorry did not see that bit!!! Will sort out the MCOL as per your advice and put together a defence which I will post for your advice beofre sending. Thank you for being so patient as well.