Hi MIE I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it. In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim. I’ve not received any documents or a response to my SAR. Particulars of claim in #5. Defence below (I know it’s not the best, but it’s all I could come up with). DEFENCE 1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019. 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3. This claim relates to an alleged salary overpayment. 4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011. 5. It is admitted that the Defendant has made a payment of £465 to the Claimant. 6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested. 8. The Defendant is unable identify through financial records that amounts were received as alleged. 9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information. 7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim. 8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement. 9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred. 10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor]. 11. Claimant’s Solicitor has not sent any of these documents to the Defendant. 12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received. 13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out. 15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment. 16. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true.

Got it thanks

Hello All Just to update I filed a defence on 09/09/2019 and received and acknowledgment from the Court. Received a 1 line letter dated 04/10/2019 from Whittington’s legal rep stating that they wanted to proceed with the claim. Went on MCOL today and saw there’s an entry stating that a DQ was sent today. I’m not sure what a DQ is... can someone please explain. Also I’ve had no response to the SAR or CPR 31.14...is this normal or is there something I should be doing?

Ok will send SAR today and once I get back the info I need I’ll revisit the thread for advice.

Ok I will send a SAR. From the Ombudsman’s own investigation apparently no default was registered in 2011. There was apparently debt management markers on my account when purchased by Arrow Global Ltd and the Ombudsman didn’t feel it would be reasonable for the default date to be amended to 2011 as Arrow Global Ltd didn’t own the account at the time.

Hello All Have been looking at other threads regarding default notices and just needed some further advice. In summary, I opened 2 Shop Direct Accounts (Littlewoods and Very) around 2010. I was maintaining my accounts until late 2011 when I feel into financial difficulties. I had a debt management plan in December 2011 and maintained payments until about June 2015 when there was another dip in my finances. Whilst I was on a debt management plan the Very account was purchased by Arrow Global Ltd in December 2012 and the Littlewoods account purchased by them in August 2013. Around Marc/April 2018 when I was trying to get a grip with my finances I noticed that a default had been registered on both account in 2015. This confused me as I thought that there was default registered on them both in 2011 shortly before my Debt Management Plan was set up. I don’t remember receiving a default notice from Arrow Global Ltd, but it could be that I did but didn’t pay any attention to it. I did complain to the Ombudsman about the default date, but received a response from the Ombudsman in November 2018 not upholding my complaint stating that when Arrow Global Ltd purchased the accounts there was no default and that a default was only registered after they did not receive any payments. I saw in another thread that a poster had said that a default could only be registered by the original creditor. Therefore, my question is were Arrow Global Ltd entitled to register a default on these accounts?

Hi MIE and HB I appreciate the replies. The date on claim form is 08/08/2019 AOS was done 12/08/2019 Am I right in assuming the last date to submit a defence is 10/09/2019. Should I post a draft here first? Is the delay in the claimants legal rep responding to the CPR normal?

Hi all Just to update that there is nothing to update. No response yet to my SAR or 31:14 request to the solicitors. Any advice or what I should do now?

I’m preparing for the fact I may need to do a repayment plan as I can see if I’d done things properly in the beginning by check information I probably wouldn’t be in this situation. At the same time I do think the Trust is accountable too. They waited nearly 15 months to contact me about this. I’ve been asking for a copy of the form submitted to HR by my manager regarding my leaving since 2016. They’ve always been clear the overpayment happened due to late notification from my manager. So my question was when did the manager notify you then? A question they’ve haven’t answered. I’ve also asked for a copy of the p45 (which I didn’t receive as it was sent to my old address) but they haven’t given me that either. Payslip doesn’t have an end date but the P45 should. I know what my leaving date was, but the Trust/DCA don’t seem to have referred to this date in any of their communications with me. Also I wanted to ask about something I noticed today...maybe nothing but wanted some advice. The invoice I attached in #22 is a copy sent by email in May 2019 from the DCA dated 13/09/2012. This is also the invoice referred to in the claim form. However the invoice has been amended to reflect what the current balance owed is. I actually have have a copy of the same invoice dated 13/09/2012 sent to me by Whittington by email on 14/01/2013, which obviously doesn’t have that amendment. The point I’m making is that the invoice referred to in the claim isn’t accurate as it’s dated 2012 and shouldn’t reflect payments made as no payments were made in 2012 and a new invoice with current balance should’ve been provided alongside. Does this make sense...or am I rambling. Please don’t misunderstand this as me clutching at straws but I need to know what information I have in my possession and how to present it.

Hi All Sorry its a bit late, but I've attached a chronology. Its not as brief as it should be. Also the bits in bold are not entirely relevant, but was more for me. Also in response to MIE's questions above 1. I received a LBA and responded. 2. Whittington NHS is the claimant. Chronology.pdf

No that’s the reply I got today. What I meant was when I tried to gain information from them it was always “nope sorry speak to the DCA”. I’ve sent my SAR request to the correct email address/department and am waiting for a response.

Just an update. When I sent the SAR Request I initially sent it to the finance department until I actually found the Trusts SAR email address and web contact form. This is the response that I got from finance and is pretty much how all their responses have been hence why I was dealing mainly with CCI. “Your matter have been referred to our debt collection agent who has subsequently passed on the matter for legal proceeding. They have been in touch with you and it is best you communicated the matter directly with them.”

Morning All. I'm just trying to catch up. It has been a hectic weekend for me with the start of the football season. I just want to thank everyone who has contributed to the post so far, it has been very helpful. I have completed the AOS online. I have sent a SAR request to both Whittington and CCI, as I communicated with CCI after 2016 in respect of this matter. I have also sent the CPR 31.14 Request to the Solicitors. @Manxman in exile I have the relevant payslips and in terms of breakdown, I have to admit it is pretty clear. They are seeking to recover only the NET pay, minus travel expenses that were paid. In terms of Tax and NI they are not seeking to recover this from me. I think I mentioned earlier that they had amended my P45 to not include the overpayment, but I think I was wrong in saying this. I don't have the P45 (have requested a copy) in question, but they have said it includes the overpayment figures. The payslip doesn't show the banking details and I have already requested this on at least 2 separate occasions, but they won't provide this to me. I also requested copies of the notification of my leaving that my manager would've submitted to HR and Payroll, but again they won't/haven't provided this to me and I requested this around 2016/2017, so would've been just within the 6 years of my leaving. In terms of repayment, I just want to highlight that in November 2016 I offered to increase payments to £50 per month. At this time I entered permanent employment could afford this amount. However, they rejected this offer and wanted £200 instead. Had they accepted my offer of £50, I would have been well on my way to more than clearing half of what was owed. Instead this situation has been prolonged. Do posters think that it would be worthwhile contacting the Trust/Solicitors asking if a repayment plan could be set up, without having the need to continue the claim?

Apologies for the long post.... I know it sounds really stupid but I honestly don’t remember receiving any salary from Whittington in either September or October 2011. The one one thing I was expecting was for my income to be higher in October because of the additional Student Finance payment. From September 2011 onwards I expected to be receiving and living on was an NHS Bursary until my course is completed or I withdraw and find a job. I do recollect that when I finished my 1st year and withdrew and started temping I received a payment from NHS Bursary in July 2012 that I wasn’t expecting. I did contact them and they informed me that I was still due payment for July and August 2012 even though my 1st year was complete and I had now withdrawn. So the only thing that makes sense is that payments I received in September and October 2011 weren’t from NHS Bursary but Whittington. Problem is is it’s been so long I have no way of checking. I admit this is a fault entirely of my own making. I’m really kicking myself for this as I’ve only made things harder for myself. What i should’ve done when I was first contacted in Jan 2013 was both get advice and check my bank statements. But truth was there was a lot going on for me personally at the time that it wasn’t a priority for me. Despite the large amount they say i owed given the trauma I was going through, it didn’t seem that big of a deal. Having said that I clearly acknowledged I owed this amount as I started making repayments from 2013-2016 and I’m sure I agreed that I owed it and didn’t dispute it at all. What changed for me was when they wanted to increase repayment to £200 and I sought advice from CAB. The CAB advisor told me deny liability as it’s up to them to prove and to request further information and to stop making payments. The CAB advisor thought that it was highly unlikely that I would’ve been overpaid by 2 months and that even so it was their mistake and it should be written off. Maybe this wasn’t the best advice.. Anyhow, I did request info and have received a breakdown, which is essentially 2 payslips. What i I did ask them for was the bank account details they paid into, which they refused to provide. I have also asked them for a copy of the termination form but again they haven’t provided this. In in terms of how long it took them to realise the overpayment they said they sent a letter to my old address in November 2011 about it. Obviously I didn’t receive this. After that no action or chasing up until they sent an invoice September 2012 to my old address. I’m not sure what the delay was. I’m terms of outcomes..... I really want to avoid court proceedings and don’t want a judgement entered against me and I definitely don’t want bailiffs knocking at my door. If I do owe the amount of course I will make repayments, but want to do this at a rate that is affordable to me without any detrimental effect to my children in terms of my ability to provide. If it turns out I do owe this amount is there anyway to get it reduced given it was a mistake on their side? Or is that being a bit too optimistic? Also (my opinion) I don’t think they should be allowed to claim interest Firstly they say an overpayment happened because the manger notified them late, yet when I’ve asked for further details they haven’t provided this. Also so my job was funded by the Local Authority/Children Centres. So in effect they’re not really out of pocket in that the money was already provided to them they just needed to fill the posts. So for me claiming interest is a bit like trying to make a profit at this stage. If I do a chronology and post it tomorrow along with a list of documents already provided this might help to fill in any gaps and people might be able to offer advice more appropriately.

One of the bank accounts I held around that time was with NatWest and they told me that they could only provide me with statements in the past 6 years even for accounts that have been closed. Its now been nearly 8 years and I made no effort to do this before. I was too busy asking Whittington to provide me with the sort code and account number so I could narrow things down a bit and make it easier on myself. So slim chance of getting a bank statement dated 2011. But I could def get bank statements for payments I made as it was during 2013-2016. I’ve been terrible with my finances. If you look at the Student Finance screenshot you can see each payment was made to a different account I held. I’d like to think that I’m being more sensible financially....