Errrr no, the claim form is only in my partners name, I have however received a copy of the stuff sent to in response to the SAR (listed above) and also the copy of he letters regarding the transfer to 1st credit

We have now received the hearing date and they have added me to the account. Do we need to send in a new defence? We could do with mentioning that they haven't fully complied with the SAR ( only received statements, a template default notice letter and a screen shot of the log of sending default notice) we never received a default notice, or any correspondence in he SAR. We also need to make it clear that interst was being charged at £5 per day and they wouldn't allow the account to be closed, yet kept adding the interest, knowing that we couldn't afford to pay it My partner sent a letter offering £50, but they have refused it

Thanks Andy, I don't have any confirmation, but they are also addressing me in my maiden name, which Was my name when it was joint, but hasn't been my surname for ten years!

The mediation didn't go well. My partner offered £50 but they refused. He has now received a letter saying that he needs to make another offer within 7 days or I will be added to the account. It used to be a joint account for around 18 months, but I requested to be removed from it about 8 years ago. Can they just add me like that? Also, should he just make the same offer, so that it is in writing, or wait for the trial?

I would say so Andy, there was £400 of actual overdraft when they refused to close the account and the rest (£800) is made up of charges, to give the total they claim due at just over £1200 He was only over £400 because of charges in the first place. They were charging him £5 a day for every day he was over and it only started off as pennies over, then spiraled as they wouldn't close the account. Plus if you look back on his statements, he was charged so many penalty charges that if he claimed back would probably amount to about a thousand pound ish

My other half had a phone call from the court before to arrange mediation. They don't have any appointments for mediation until the end of August. He had told the court that he wasn't available at this time, (until September 2nd), because he is out of the country, but they have arranged for him to have the mediation whilst away. It is not ideal, because we wont have any of our notes and our children and our special needs daughter will be with us, so it will be an awkward phone call. Also, if there is a low connection with his mobile, that will cause problems too. Does he have to have it at the specific time they suggest, even in these circumstances, they told him on the phone earlier that the other option is to go straight to the hearing in Sept

Ok, that has now been sent off to the court address. We have now received a letter from 1st credit, with theirs attached and it states that they are preparing an application of r summary judgement which will be served in the near future

Ok thanks, they have sent a copy, so I can just write on that one. I've been reading over it and have a few questions:- What is the best thing to do, go to mediation or not? Is it appropriate for the small claim track? thank you!

Thanks, can we do the DQ online?

Any advice??

He has now received a 'Notice of proposed allocation to the small claims track. What do we do now? I presume this means it will be listed for a court date. Another thing, he is out of the country for 6 weeks, is there any way we can let the court know this, so that the date is set before of after the trip?

haha, brill

ahhh, I see! In your opinion though, do you think we have a good defense if they do proceed?

it doesn't sound to me as though they've got a leg to stand on though! I know my partner claimed back his penalty charges around 9 years ago-ish but loads have been added on since that

Hi, I'm back! We have now had notification from 1st credit that they are going to proceed. They have sent a copy of statements and a template default notice with a screen shot saying that one was sent to my partner. The default notice was never received and this one has a different amount and date on it than the one they claim was sent. Nothing else was sent. Looking at the statements, he was within his overdraft until interest took him over by £3.50. Then over the next 4 months £580 was applied as charges and then more charges have been applied as it's been passed around dca's amounting to £230. In the 4 years before that, he has also been charged £350 in bank charges. Are they bluffing, or do they still have a case?

Great, thank you very much! Just one quick question before I send it, paragraph 7 refers to agreement and termination demand notice being referred to in the poc, I don't think it is, is ?? So shall I remove it, or reword it? Thanks again!

I've read up on similar thread and amended their defence to suit this claim. Please can you check over it, before I send it so that I can be sure it's ok??? I will also post the POC first:- POC: - The claimant claims the sum of £1,000 for debt and interest. The defendant from 1995 held an account with Bank of Scotland plc and it was assigned acco number ****** Bank of Scotland plc gr Defendant an overdraft facility. Bank of Scotland plc demanded repayment of the outstanding sum on the account at that time. The account was in default on 2010 and the outstanding balance was £1,000. On 2013 the debt was assigned to 1st credit (Finance) limited in the sum of 980.00 Notices of Assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925 AND THE CLAIMANT CLAIMS 1. The sum of 980.00 2. Statutory interest pursuant to Section 69 if the county court Act 1984 at a rate of 8% per annum from 2013 to 16.4.14 32.00 and thereafter at a daily rate of 0.21 until judgement or sooner payment. Defence: It is accepted that I have had financial dealings with Bank of Scotland in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant. It is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. It is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to: (i) Show how the Defendant has reached the amount claimed for. (ii) Show the APR and interest used to calculate the amount claimed for. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 28 April 2014 for a copy of the Overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimant on 30th April 2014. The claimant has yet to comply and has sent a letter in response stating that the claim has been put on hold pending a response to the said letter. Therefore 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 Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that 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 and Section 82A of the consumer credit Act 1974. Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

We haven't heard anything from Halifax regarding the SAR and the solicitors, have sent a letter saying that it is on hold. Do we still need to send in a defence, or wait to see what the solicitors say next?

Thanks Andyorch! However, is it not worth sending off a SAR to halifax anyway, so that we can assess the situation and then if it's needed later we have it to hand? Also, around 8 years ago, my partner claimed back penalty charges on this account, but after that, they continued to add them on. So my question is whether he can claim the 'new' penalty charges back, or can he only do it once?

What should we be putting in the defence?

No, do we need to send a SAR off to Halifax?

Great, that's all done now!

Prob sounds like a daft question, but do we also need to send the acknowledgment of service off in the post today, or wait until we have a defence?

Great, thanks! Here is the letter I will get him to send out today, can you please just check that I've deleted everything that is necessary?? Thank you!! CPR 31.14 Request On 26.04.14 I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim: 1: The agreement/overdraft Facility confirmation and Terms and Conditions from that date. 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: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C 4. Notice of Assignment You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence as required under CPR15.5. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response. Yours faithfully

Sorry the donation took a while longer, typically, as soon as I had any spare money, my washing machine and hoover both decided that it was time to pack up on me Gave as much as I could afford, wish it could've been more after all the fabulous help and advice you have given me and other members of my family. If I win the lotto, I'll let you know