Thanks Andy. Very much appreciated. Last question - on the defence in MCOL, do we enter telephone and email address? It asks, but I recall that it's best to withhold this information when submitting witness statements but not sure about this occasion.

Have tried to reword as I think appropriate, what do you think? Particulars…. 1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx 2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Vanquis Bank Limited (EX VANQUIS BANK). 4. Written notice of the assignment has been given. The Claimant claims 1. The sum of £3300 2. Costs Defence… 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. Paragraph 1 is noted. I have had in the past a contractual relationship with Vanquis Bank Limited but cannot identify any account referred to by the Claimant. Paragraph 2 is denied. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. Paragraph 3 and 4 are denied. I am unaware of any legal assignment and the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925. On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a CCA 1974 Section 78 request. The Claimant responded with a letter dated 04/02/2022 confirming receipt of the request, no further information. The Claimant remains non-complaint with this request. The Claimants solicitor’s, Howard Cohen & Co., sent a letter dated 01/02/2022 advising that they are in the process of retrieving the documents and advised of a general extension of time to retrieve the documents, to date, 14/02/2022, no documentation has been received and the request has not been complied with. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure 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. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Thanks Andy - I will rework this today. The previous CCA request went to RobWay before they changed their name to Hoist, so could they be considered as the same creditor?

Below is my draft for the defence. In most examples I have seen there is reference to the creditor in the first para, this is not the case for mine so I have tried to adjust my response as appropriate. Feedback and advice most welcomed. Also - Should I make reference to the fact that I sent a CCA request in November 2020 which was never complied with? Particulars…. 1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx 2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Vanquis Bank Limited (EX VANQUIS BANK). 4. Written notice of the assignment has been given. The Claimant claims 1. The sum of £3300 2. Costs Defence… 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. Paragraph 1 is noted but denied. No evidence has been provided by the Claimant in regard to the referenced agreement number. Paragraph 2 is noted but no Default Notice has been provided pursuant to sec 87(1) of the CCA 1974. Paragraph 3 and 4 are noted although the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925. On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a CCA 1974 Section 78 request. The Claimant responded with a letter dated 04/02/2022 confirming receipt of the request, no further information has been received and the request is yet to be complied with. Howard Cohen & Co. Solicitors sent a letter dated 01/02/2022 advising that they are in the process of retrieving the documents requested, to date, 14/02/2022, no documentation has been received. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure 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. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Letters now received in reply to my CCA and CPR requests. Last of these was from Hoist and arrived yesterday. Defence draft to follow as submission is Monday 14 Feb. CCA + CRP Replies.pdf

Which Court have you received the claim from ? County Court Business Centre Northampton Name of the Claimant ? Hoist Finance UK Holdings 3 Date of issue – 13 JAN 22 AOS 31 JAN 22 defence 14 FEB 22 Particulars of Claim What is the claim for – 1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx 2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Vanquis Bank Limited (EX VANQUIS BANK). 4. Written notice of the assignment has been given. The Claimant claims 1. The sum of £3300 2. Costs What is the total value of the claim? £3550 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes - but did not recognise in time Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? Yes 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 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Likely online 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? I have a copy of a NoA Did you receive a Default Notice from the original creditor? Do not recall Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No records of these Why did you cease payments? Significant financial difficulties and change in circumstances What was the date of your last payment? Dec 2020 - was paying £10 per month to the DCA but stopped when the did not comply with CCA request. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No ..................... Morning All, I have previously posted regarding my position with debt and have managed to successfully fend of some approaches in the past, whilst also trying to determine the correct time as to when to take action. With this one, I was paying a monthly payment to the DCA, following advice received when I moved home, I submitted a CCA request with the £1 postal order to RobWay. This was not responded to and I subsequently ceased the payments. Since then, correspondence has included offers of a discount to close the account, requests for contact and in November one titled 'Pre-Legal Assessment'. I've ignored all of these. Unfortunately, I have also been poor at keeping a full track of everything but was aware that I had received this Claim Form and some other letters from Howard Cohen (turned out to be Letter of Claim for this and also something else). I should definitely know better, but am relieved that I have caught this in the nick of time and have submitted the AOS with intent to defend all. My first question - do I repeat the CCA request to Hoist as well as the the CPR request to Howard Cohen?

These are the first emails they have ever sent to me. I think back in the very beginning, before I was wise to some of the ways and the methods they employ that I had entered my details on the reply to the PAP, likely that I signed it too........... Not come across a N180 just yet.

Evening, thanks for re-opening this thread. This update is in relation to the account in my name only. The other one has had no updates at all. On 24 Aug 21 I received a letter from the solicitors, MC, via email. Also attached was a document that had CCA, default notice, letters from Next and Cabot as well as a long list of statements and a copy of their original PAP letter. I did not at the time recognise that the documents were attached and mistook the email for one that was fishing, so ignored it. Fast forward to Friday of last week and I received a follow up email and attached letter from MC. Seems like they want to take some action again. Attached PDF contains: 1st letter, CCA, one page from the statements, default notice, letters from Next and Cabot about the selling of the debt and the letter from MC sent on Friday. Any advice on what my next action should be? MC Letters & CCA.pdf

Update - this reply from Cabot in relation to the CCA request arrived today. I understand that this is their standard response. Interesting that they advise that they do not have a CCA yet MC tried to pass off the previously posted documents as CCA. Irritating that they sent the reply to my request to my old address despite my updating them. Is there anything I can do about this? 20201209-CCA Reply-CAG.pdf

I received the attached reply to my letter that was sent to notify them of my change of address. This is crazy, I merely stated that I was referring to the account number and that my address was........ Is this sent to try and trick me to acknowledge something? 20201203-COA Reply-CAG.pdf

Thanks DX, I'm happy that there are no valid reasons for them not to send us documents via royal mail - they were after all perfectly capable of sending these two letters. The 12+2 days end on 7 December so I will ensure the DD's are cancelled for these and the Hoist one that is also being paid monthly on that very date.

Received initial reply to CCA requests from Lowell in relation to the Cap One £4k and Argos Card. Both are identical with exception of account information. Do I now get my partner to stop the payment arrangement? 20201202-CCA Reply CAG.pdf

As advised - here are the documents received minus the I& Form. Pages 1-6 are a copy of the 'Original Agreement'. Pages 7-8 are a copy of the 'Notice of Arrears'. Pages 9-10 are a copy of demand for payment with an accompanying statement. Edit to add - A list of lenders is an Annex to the 'Original Agreement' but omitted from here due to being a long list of ID's. 20201127-CPR Docs Reply-CAG.compressed.pdf

All noted, and thank you. What should I do next? Especially as they have again sent to the incorrect address despite acknowledging my letter. I am thinking that if I email them to highlight the address issue and then wait and see?

Update - still no sign of the N279. Today received the attached letter from MC in reply to my CPR letter. They advise they have requested that the court stop the claim due to an administrative error. Further informs that they are providing a copy of the: Original Agreement, Notice of Arrear, Default Notice, Statement of Account. What is provided is: A 6 page document titled 'Zopa Loan Contract Summary, including Loan Conditions', Notice of Arrears, Demand for Payment of the outstanding balance, List of Payments made to the account, Income & Expenditure Form. There is no Default Notice - the Demand for Payment refers to a Default Notice in the text but it is not provided. Issues that may or may not be relevant: No Default Notice Letter was sent to my old address (even though I updated address to them with CPR) Letter dated 13/11 arrived today 27/11 - they ask for reply within 14 days Balance includes Court & Costs (they said it was an error so should this be removed?) Thoughts? I can upload other documents received a little later if required. 20201127-CPR Reply-CAG.pdf

Thanks CBJ Fingers crossed for a similar outcome.

Thanks for the support over the weekend. I posted 10 letters in total today. All 13 accounts swept up in there one way or another, either a CCA or just plain old change of address. Waiting game now.

I have now completed all letters. I am either sending a CCA or a change of address to the DCA's listed for all 13 of the accounts above. Question in relation to the Court. My recent Claim Pack was sent to old address, when I logged into MCOL I updated my address in the system. Do I still need to write a letter to advise of this?

I'm not taking anything for granted anymore, I cannot afford to. I am providing CCA's to the ones that are in receipt of £10 per month and will send letters to all others so that I know that I have advised them of the change of address. 12 letters for the post office tomorrow. Good to know about Hoist and BC.

I see how you have read that. This is the one in my name for £6544 and last payment was around June 2017 as said in the first post of this thread. I genuinely misunderstood from earlier and will just post the letters that you advised. Thanks.

This isn't one that has a payment on it.

Apologies, I misunderstood. Happy to send the letter to advise of address change. Thanks again.

I'm making efforts to address multiple debt issues and this is the next inline. I received the attached letter from Rob Way recently offering a discount to pay the account in next 3-6 months. I have routinely ignored all letters but would benefit from responding to this in some way or another as the letter is addressed to my new address but I have not told them I moved (I am resolving this with other creditors). Original Creditor - Barclaycard. Account Opened - October 2014. Last Paid - June 2017 (approx). Default - December 2017. Balance - £6544. A refund of fees that ought not to have been charged was paid to reduce the balance earlier this year. I am not certain as to if I received a Default Notice, Notice of Assignment or anything else. What's my best next step? 2020-11-22_Discount Letter -CAG.pdf

Thanks again, I am preparing the last of the letters and will aim to have them in the post tomorrow.

Thanks DX. Question and an update. Do I need to send updated address details to Cabot for the Claims that auto stayed? Written letters and also worked through more paperwork this afternoon and discovered that: I have recently received a letter from Hoist/Rob Way regarding Barclaycard to the new address so no need to update. The letter offers 25% off for settlement now. I will start a new thread in the appropriate place for this later on or tomorrow. Lowell wrote to me at the old address on 5 November, this was redirected, but they have previously written to me at this newer address. Seems odd that they have reverted to old one, although my ignoring probably wont have helped. I am on the electoral list. I will still write to advise of change of address.