So, on the 1st May (Saturday) I received a 'Notice of Proposed Allocation to the Small Claims Track'. It states: TAKE NOTICE THAT 1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed. 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why. 3. You must by 10 May 2021 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. Unfortunately, as I have been working away, this is the first opportunity I have had to deal with it. I would be grateful for some assistance with my N180. 1. Can I file my N180 online? 2. Are the responses fairly standard for most cases or will they vary depending on the circumstances. For example what should be my response for A1 Do you agree to this case being referred to the Small Claims Mediation Service? 3. If they are standard can I follow the below that I found on another thread: Yes to mediation No if its statute barred or a parking claim. Yes to Small Claims Track State your local County Court 1 witness = yourself Or if they are not standard, could anyone please advise on how to respond. 4. I saw another thread but was slightly confused as it seemed a little ambiguous. Am I correct in thinking that I give contact information on the court copy and sign it but do not give any contact info or sign the copy to the claimant's solicitors? Could some one please clarify? Many thanks in advance.

Thanks very much Andy!

Thanks dx. Hi @Andyorch I would be really grateful if you could have a look over my defence before I submit. Deadline is today. Many thanks in advance.

Hi thanks dx. I have amended and my updated version is below. Defence 1. I 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. 2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account. 3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings. 4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. 5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement. 1) a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount. With the court’s permission the Claimant is put to strict proof to: - a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance. Defence 1. I 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. 2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account. 3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings. 4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. 5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement. 1) a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount. With the court’s permission the Claimant is put to strict proof to: - a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

Hi folks, Wanted to submit my defence today. I’ve had a look but I’m struggling to find any templates in the threads. Could someone please point me in the right direction or help me out with what to put for my defence. Many thanks in advance.

here is the full response Merligen Response .pdf

So, I sent my CPR 31.14 and requested the following: 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: Notice of Assignment 3: Every bill, in respect of gas/electricity charges supplied, which make up any part of the sum claimed I have received a reply confirming their position is that the outstanding balance remains due. The reply includes: 1. a copy of a final bill dated 19 March 2018 for £4,255.26. This included a previous balance of £3,974.38 and new charges of £280.88 (for 11 December 2017 - 12 March 2018). This bill is based on estimated start readings and estimated end readings. 2. a copy of a letter from Coop Energy giving notice of assignment dated 02/12/2019. As in my earlier message, even though I was repeatedly told I was unable to switch tariff or provider, the bill states that if I was to switch to Coop's cheapest tariff I would save £240.26 a year on electricity and save £149.50 a year on gas. I would be grateful for assistance in compiling my defence. Please let me know what further information you need me to provide.

Ok thanks dx. Sorry for posting the info for the enemy to see Thanks for deleting. I think the cpr request I used was one from a template on an old site, something along the lines of ***** free. This was an old credit card debt from the same period that went to court a few years ago. The claim was thrown out by the judge based on the refusal to provide the deed of assignment, as I think my defence was around proof of ownership of debt and cited legal precedent from another case (I won’t name it in case any spies see it). Was hoping (maybe naively) this would give the same end result. Can you please advise how I should proceed. I would be grateful with help writing my cpr 31.14 and later my defence. Many thanks again.

I have no idea why co-op sold the debt. The debt arose from tariff changes and I quickly went from credit to arrears. At the time I was having serious family issues and unfortunately a lot of other things were left and the issue went unnoticed. I spent a fortune on solicitors and court fees for child custody for my child and other bills were left unpaid, which worsened the problem. I tried to make an agreement but was told I was unable to switch provider or to a cheaper tariff whilst in arrears. I made payments to cover usage and to start to reduce the arrears. I was then made redundant and the issue worsened still. When I started work again I attempted to resolve the issue but Co-op were less than helpful and still refused to allow me to move to a better tariff. I made several complaints. I was made redundant for a second time and finally I was allowed to switch provider. If memory serves me correctly the final amount owing to Co-op was far less than the amount claimed for now. I can’t remember for how long this bill runs for. Hope this helps. Hi dx, Apologies, I’m not sure what you refer to, with regards to your comment: (template removed please read what it said in red at it's top - dx) The cpr 31.14 request I had posted was edited from one I sent regarding an old debt a few years ago. I would be grateful if you could give me some further info. Many thanks in advance.

Hi all, I would be grateful for some assistance with a claim I have received made by Merligen Investments for a debt that they have acquired from Co-operative Energy. I am aware of how to acknowledge the service. I would be grateful for some assistance with creating my CPR 31.14 for them. ** I have detailed what I have written so far at the bottom of this post ** I have supplied the info requested below: Name of the Claimant ? Merligen Investments Limited Date of issue – 11 MAR 2021 Date to acknowledge) = 29.03.2021 date to submit defence = 12.04.2021 Particulars of Claim What is the claim for – 1.The defendant owes the claimant £4000 in respect of gas/electricity charges supplied to the defendant by Co-Operative Energy Limited (Debt) 2.Which debt was assigned to the claimant on 01/11/2019 and notice of which was given to the defendant on the 01/11/2019. 3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £4000 4.and further claims interest thereon pursuant to section 69 of the County Court Act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £300 What is the total value of the claim? £4860.68 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes 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? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no - energy bills When did you enter into the original agreement before or after April 2007 ? after Do you recall how you entered into the agreement...On line /In branch/By post ? ? 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? unsure Did you receive a Default Notice from the original creditor? unsure 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? August 2017 What was the date of your last payment? August 2017 Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes Request for documents mentioned in a statement of case under CPR 31.14 (template removed please read what it said in red at it's top - dx) 1. Detailed breakdown of the gas/electricity charges 2. The deed of assignment Any help would be greatly appreciated!!

No I haven't acknowledged yet. I received the court papers on Saturday. POC: By an agreement between Capital One & the Defendant on or around 06/08/2008 ('the Agreement') Capital One agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due &the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE RE CLAIMS 2323.76 Do I need to send the cca request to mortimer clarke or the court?

Thanks for the advice re getting spoofed. However, as per the letter stating they have been instructed to start proceedings, I have now received court papers regarding a ccj. how do I go about a cca request if it has been progressed to court?

I have been sent a letter from mortimer clarke on behalf of Cabot financial (uk) limited. This is a capital one credit card account from 2008 that defaulted in March 2010. They claim that they are starting proceedings for a ccj against me. The debt amount is 2323.76. From my noddle credit report it appears they bought the debt in Oct 2015 as that is when they appear on my credit report. There are no records on my credit file for the original debt / account with capital one. What is the best way to proceed?