Hi, I am being taken to court by IND/Welcome they issued a Claimform I have replied stating that as far as I was concerned the loan was repaid! Here is my defence, and I'd like your opinion; * In 2010 I recieved a cheque from welcome for about £3,000 for mis-selling of PPI, if the loan still had an outstanding amount, why did they not use this toward the repayment of the loan, as my other Credit cards had? * At the time, and months afterwards my credit file showed all the loans I had with welcome were "Settled". * I recieved sometime afterwards (about a year) a letter saying that I owed £5,900 (approx), i wrote back requesting a wriiten copy of the Credit Agreement, which they never replied to, however I do not have proof of posting! They are disputing this and say I owe the money (I did have this loan with them), and have now added another £1,700 to the loan and more charges, making my loan owing to over £8,000!!! they have written to the Court asking this to be heard, and I think they are going to really fight this, whats your opinion, and what can I do! I don't want another CCJ, as I have just cleared my final one, i am also not in a position to pay this. I did think this loan was cleared as after receiving the payout, i heared nothing for a couple of years.

Hello New to the forum but i have been trying to read up as much info as possible I'm just starting to get really confused. I have a CCJ claim form been issued 23/10 and i have acknowledged the claim online which will be processed today 7/11 and have disputed the claim. I believe the vast majority of the claim are charges and interest that Lloyds continued to apply to my account over a two year default period. My credit file shows the account defaulted 03/2009. The debt has been sold to Capquest who have used drydens solicitors to process the claim. I intent to submit a CPR 31.14 request for the information in the paticulars of the claim. The paticulars of the claim mentions a credit agreement, the default notice and the sale of agrement between Lloyds and Capquest (the claimant) I'm not sure I'm following the correct procedure here or if I am missing anything important like can i ask for a breakdown of the actual debt and what is made up of interest and charges etc. and does the credit agreement have any relavance here for an overdraft. Some help and guidance would be greatly appreciated Thanks Clive D

I filed a defence to a claim issued by Arrow Global in April 2011. Heard nothing until today. Recevied letter from Arrow asking for details of income and expenditure. I never acknowledged debt but send £1 in August 2008 for information which they used to reduce my balance. The court claim is for £10210 but todays letter says £9920. Any help please

Hi I have now received shop directs defence. Can somone flag this need help.Please Shop directs defence below. How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form. * Do you dispute this claim because you have already paid it? No, for other reasons. * Defence Save as hereinafter expressly admitted or not admitted, the Defendant denies each and every allegation contained in the Particulars of Claim as if the same were set forth herein. At all material times: The Defendant is a limited company specialising (inter alia) in the provision of credit to consumers with a registered office at Aintree Innovation Centre, Park Lane, Netherton, Bootle, L30 1SL The Claimant was a private individual and the holder of four credit accounts with the Defendant. In accordance with the applicable account terms and conditions,the Defendant requested payments from the Claimant. The Claimant did not make these payments on time (or at all)therefore, the Defendant applied late payment charges to the claimant's account. In the alternative, the Claimant has outstanding payments on her accounts and the defendant has the right to set off against such arrears, any amounts outstanding. * Signed I am the Defendant - I believe that the facts stated in this form are tru

A friend has requested my assistance in defending a Claim Form for debt. On the 2nd August 2010 she entered into a formal Settlement Agreement for a debt of £8467.84 to be settled by a payment of £50 per month. This payment schedule has been fulfilled, with an occasional missed month that was caught up with on the following month, i.e. all payment were made up to date. Unfortunately for understandable reasons in May and June she missed payments and had a Claim Form issued. Immediately she paid the £150 arrears to bring the Settlement Agreement payments up to date. Settlement debt now reduced to £6417.84. The Claim Form is for £6767.84 (not deducting the £150 paid in July) plus 8% interest and Fees etc. - a Total of £10,176,46. This Claim will be defended with a request for the hearing to be transferred to a local Court. The question is: Do we "defend all of this claim" with a defence that a Settlement Agreement is in force which has been fully paid up to date: Or: defend part of this claim" and admit to a debt of £6417.48, the balance on the Settlement Agreement. To my mind this is a frivolous,malicious and unnecessary Court Action for the sake of £150 arrears which would have been paid if they had made their usual reminder phone call.

The following documents comprise the full judgement and the case transcript of a case brought by East Kent Hospitals NHS Foundation Trust. They were represented by Michael Sobell of Roxborough. They Lost! CAG member Scouse Magic has given permission for this to be posted in full and without removal of any data. Enjoy! [ATTACH=CONFIG]45338[/ATTACH] [ATTACH=CONFIG]45339[/ATTACH]

I have received a summons for a small debt that I partly dispute. The debt has been passed on to debt collectors and despite several letters of correspondence from myself in which I believe dialogue was still ongoing,they have issued a claim against me in the County Court. As the debt collector is listed as the claimant,I would like to contest the whole figure on the basis that I do not owe them anything and that I am still in dialogue with the creditor.(who has also ignored a recent letter that I sent to him) I would like to add that I don't believe the issue should have entered the small claims track at this stage due to on-going dialogue and that the creditor should not have bothered the courts so soon. Are these two valid points or are they irrelevant as defence issues. Thanks to anyone who is able to offer advice

I'm currently assisting a relative regarding a legal dispute. I have read this sticky where it said about amending a pleading: consumeractiongroup.co.uk/forum/content.php?42-Amending-your-pleadings However in this instance my relative has to amend a defence and also submit a counterclaim, but my relative has already submitted a defence and the case is now being transferred to their local court. Does the advice offered in the above sticky still apply to this situation, or do they have to do something different? What happens in regards to fees by doing this? This is in relation to some plumbing work carried out at their house some months ago. In a nutshell: - Plumber never completed job & cocked up on the stuff he did do - Relative refused to pay until plumber resolved the problems/completed work - Plumber is now taking relative to court for non-payment - Relative initially defended claim, however recent developments have revealed more serious faults with his workmanship than first known and also that contract is unenforceable due to no cooling off period given as per the Doorstep Selling Regulations (contract was agreed at relative's home). Relative was not aware of DS regs until making a complaint with trading standards. - Relative has had to pay another plumber to complete works and put right the horrendous workmanship of the initial plumber, including numerous other damages resulting in putting the work right. Many thanks in advance!

I have to watch what i post as it is in reference to a well known DCA I have just had a visit from a very good friend of mine. He received two court claims on the same date reference an overdraft and credit card. He went onto one of these FMOTL web sites. He sent a CPR 31.14 request and asked a contract under this Bills of Exchanges Act. THE CLAIMANT HAS RESPONDED TODAY TO THE 31.14 REQUEST, DEFENCE IS DUE BY 1600 TOMORROW What interests me is that the DCA are stating it can take up to 6 to 8 weeks to receive the information from the creditor as to the 31.14 request, AND HE WILL THEN HAVE 2 WEEKS FROM RECEIPT TO SUBMIT HIS DEFENCE. Unbelievable The claimant has not mentioned extension as to CPR 15.5, this seems a deliberate attempt at trying to get a judgement by default. Do we have any threads on a claimants failure to comply with a CPR 31.14 request, and no mention of an extension as to CPR 15.5 I am inclined to recommend a strike out application as the last thing needed is a stay in proceedings. He only received a response to the CPR 31.14 request today, defence due by close of business tomorrow I have been asked to draw up some sort of holding defence to avoid judgement by default

Hi, I wonder if someone may be able to help please, this is my first post here, this post is a little long as I have tried to provide as much detail as possible. I used to rent my property which I solely own out via ABC Ltd, I entered into this contract for what I thought was a one year lease May 11-May 12 Part way through the lease I realised it would be better if I leased the property privately, so I served the relevant section 21 notice on the tenant to expire at the end of the 1 year fixed term lease. I advised ABC Ltd that following the end of the 1 year lease I would no longer be requiring their services, they confirmed this. I then entered into a business Investment arrangement with my girlfriend who works self-employed that in short says she can do whatever she wants with my property to generate revenue, in return she would cover all costs associated with the property (regardless of if the property was vacant or not etc) So if she chose she could be an agent if she so wished, the terms of the business arrangement are specific and were drafted by a legal firm to make sure they were sound. One of the terms of the Business investment is that the property owner will not receive any revenue for a period of 24 months during the initial period, however thereafter for the remaining period will receive increased revenue going forward. This allowed her to build up capital in the first 2 years of the deal and I don’t have to worry about the property at all as I have other things to look after for the next 2 years, a win win if you like. Prior to the end of my initial tenants lease under the Business Investment she elected to enter into a rental agreement with my former tenant, on all the paperwork she is the landlord, receives rent in her business account, deposit is held and registered in her name etc etc. 3 months later I receive an email from ABC Ltd who advise they have used a detective agency and that the tenant they introduced to the property is still in there and so they want their pound of flesh, renewal commission 9% plus VAT. I decline, the case is referred to the TPO yet they don’t seem to give a hoot and side with the ABC Ltd. Yesterday I received papers from the court as a defendant for the claim by ABC ltd for the lost renewal commission; however they have also listed my partner as a defendant also. So we have completed the acknowledge slips to send back to buy some time, I then spent all of yesterday preparing statements for her and myself, these have not been sent back yet, then I stumbled on this site and thought maybe I couldget some advice/steer and answers to a few questions please. 1.Only I entered and signed the terms with ABC ltd to rent my property out initially as the property was mine, so why have they listed my girlfriend as a defendant, can I have her removed or does she have to complete a full defence. I have done a draft one for her which states she is not a signatory on any of the claimants paper work, terms and conditions, lease agreement with initial tenant for the first year, or on their named statements etc and stated that all of this information is further discussed in my Defence document. It seems cheeky that they have listed her as a defendant when she has never had any dealings with them. 2. My partner is just that, we are not married and separate legal entities. 3. in my draft defence document I refer to: a) The terms signed with ABC Ltd have my signature on only, though in the names at the top for some reason at some point I have written her name too, don’t know why I ever did that, though she has signed nothing. b) The deposit protection certificate arranged by ABC Ltd has my name only on it. c) The lease agreement with ABC ltd only has my name on it d) The terms signed with ABC Ltd in May 2011 are a version which are improved following the OFT Foxtons court thing. e) I have written TBC - meaning "to be confirmed" and initialled alongside several sections to do with renewal commission as when I read them I was not happy with those terms, they state this doesn’t mean anything. f) The statements from ABC Ltd paying rent to client: Me (only) and landlord listed as me (only) g) Copies of communication stating no longer require services any longer etc all between me (only) and ABC Ltd. Post the initial tenancy in the draft bundle I have also included: h) A copy of the tenancy agreement between my girlfriend and the former tenant (she is landlord my name is not on any paperwork) i)copy of deposit protection certificate in her and former tenants name j)copy of the business Investment legally drafted by girlfriends solicitors which allows her to control my property k) Copy of bank statements from girlfriends business account which shows monies paid from former tenant to her business account (not me). I have then put some text in that states all the above clearly shows I was not the landlord or received any monies in the subsequent rental period (as per business investment I get nothing for first 24 months) so 9% of zero if it was deemed I was the landlord. Also ABC Ltd terms state they may charge renewal commission for up to 2 years following the initial lease. I have also stated that I do not believe they may pursue my girlfriend for monies under an agreement I entered into with ABC Ltd, she is a third party and has no arrangement with ABC Lts and has never had any business with them. I have drawn reference to the case of OFT V Foxtons which states that aparty may not purse a third part for renewal commission if the house is sold and that I believe this is similar, relying on a term to collect renewal commission from a third party. I have also stated that ABC Ltd is registered as a member of The Property Ombudsman of which their code of practice for letting agents :TPOS website letting agents code of conduct (I can’t post link won’t allow me as a new user) the version dated Aug-11 states: FairContracts 3iYour Terms of Business must be transparent in relation to client commitments.They must be written in plain and intelligible language and comply with other requirements of the Unfair Terms in Consumer Contracts Regulations 1999.You should not use terms that may be deemed unfair, and consequently unenforceable, by virtue of the aboveRegulations. Your Terms of Business must not contain terms which are inconsistent with the provisions of this Code of Practice for Letting Agents. 3jYour Terms of Business must not include any terms requiring the client to paycommission where another agent or any other third party renews the tenancy of a property which you were previouslyinstructed to let; or which requires the client to pay commission in circumstances where the tenant agrees to purchasethe property. Now as I'm sure you can imagine all of those ads up to a significant volume along with all the exhibits/appendices. Should my initial defence be this thorough or simply a skeleton argument and then submit a more detailed defence when asked to supply documents later? I have also added at the end of my girlfriends’ statement/defence that all the above clearly demonstrates she should not be a party to the claim and thatI we feel she should be removed, can this happen? The other thing is I obviously would prefer this was allocated to small claims to control costs, the value is for £X000, (much less than £10k) but it should only be £X000 minus £1000 as the former tenant ended up moving out early anyway so they would be due less commission if we were found to be liable. (I guess their detective was on holiday that week). Also their calculation for interest is at a rate set out in some court scheme;wheras their terms talk about interest on overdue amounts would be at BOE baseplus 2%. So which interest calculation should they be using? I'm sorry it is so detailed and long and so many questions, any help and/oradvice greatly appreciated. Thanks in Advance. ps Do you think the OFT would be interested in the case given their rulings on Foxtons, if so doesn anyone know who in the OFT dealt with this ? edit: sorry some words joined up together making difficult to read (dont know why)

Hi, last week I received an N1 claim form from Arrow Global for a debt with Citi Financial. I have not taken out any credit apart from a car HP since my youngest was born 8 years ago. I vaguely remember getting a loan with my husband but that was around 9 years ago and it was not for the amount they have stated, or the date that they have out as 2006. I am not sure how to deal with the defence of it. I have completed the acknowledgment of service online and now have to file a defence for myself. I believe that this is statute barred due to the fact I have not heard anything with regards to this loan in years until this court letter arrived. It has my husband on the form at an address where we haven't lived for the past 6 years, and they have added a default to my credit file last week too. I check my file every month to try and get my credit back up to a degree of respectability and up until last week there was nothing showing with regards to this debt, when I updated it this suddenly showed up. Can anyone give me some advice on what I should put in my defence as I really don't have a clue how to word it properly.

Hi, I've been having the usual nightmare with Safeloans. I've made numerous offers of repayment which have been ignored, they can't even be bothered to say 'no' to my offers. It's now at the point where they've issued a Claim Form, hoping I'll give in, or they'll get a judgement against me if I don't turn up to court. I've already acknowledged service online, and plan to defend part of the claim. Their Claim Issue Date: 17 April 2013 Amount Claimed: 546.50 Court Fee: 55.00 Solicitor's costs: 0.00 Total amount: 601.50 Particulars of Claim: The claimant agreed to lend to the Defendant under a fixed sum loan agreement dated 25 November 2013 the sum of 200.00. The Defendant agreed to repay the loan upon pre-determined dates between 1 to 4 months. On 24/12/2012 the Defendant failed to repay the Claimant's loan and is in default under the terms of the loan agreement. T he Defendant has agreed to pay the Claimant's expenses and charges in the event of any default as set out in the terms and conditions of the loan agreement. . ...And the Claimant claims:.. 1. The unpaid loan balance 200.00... 2.Interest and loan charges of 346.50.. 5. The claimant claims statutory interest at 8% up until the date of settlement, under section 69 of the County Court Act 1984. .. 4. The Claimant total claim is 546.50..Date: 15 April 2013.... Note: The order of the Claimant's claims (1, 2, 5, 4) is exactly how it appears on the Claim Form. They've done some really nasty cut and paste job. Number 3 is missing. My Defence On 21st December 2012, I attempted early repayment as this was the last working day before Christmas. I made several attempts to pay from two debit cards, but their website refused to take the payment. I contacted my bank who said the payments were authorised and plenty of funds were available, but the money just wasn't taken. Safeloans allow early repayment at a discounted rate. On the 21st December I should have been able to clear the loan with £250. As I work in a rural location with a poor signal, I was unable to contact Safeloans by phone. They close at 17:15 which is before I get in range of a signal. I was able to discretely call my bank, but this took up my entire lunch break. When I was finally able to talk to Safeloans on 27 December, I told them about my payment problems and asked them to accept £250, which is what I should have paid if the site took payment. They refused and demanded I pay all the interest and charges they'd added too. I just hung up. Since then I've sent them numerous written offers of repayment. Most were £51.60 for five months to clear the original loan of £200 plus one month's interest of £58. All of my offers have been ignored. I made a payment of £51.60 last month, and will keep making them until I have paid £258. I think the court would look favourably on this. I intend to admit liability for £258 (minus £51.60 already paid), and then defend the rest of this ridiculous claim. A Counterclaim? I have spent hours writing long emails to Safeloans, all of which would be unecessary if they'd just accepted one of my offers. I freelance as a web developer and these hours could have been spent making money. My hourly rate is £30. Safeloans have also made at least five calls to my place of work. This is embarassing, could result in the loss of my employment, is extremely stressful, and damages my professional image. What costs and risks are there involved in filing a counterclaim? Can I claim: 1. My freelance rate multiplied by the number of wasted hours spent emailing them 2. One month's wages for embarassment, damage to reputation, risk to employment, stress 3. One day's wages for taking time off to attend a court hearing, which was entirely avoidable if Safeloans had negotiated Data Protection Act Safeloans made a massive balls up. In Feburary, they sent me a letter with somebody else's details in the same envelope as my own letter. Can I use this to my advantage? Thank you

Afternoon Guys, I've been helping a colleague with trying to sort out her debts and creditors over the last couple of years and so far things have gone well. However, 2 days ago, she received a MCOL claim form from a debt from an old bank account not used since 2003. She has said that she has made no payments nor has acknowledged this debt since then so it's statute barred. I have trying to fill in the defence online and a struggling how to word it specifying section 5 of the limitations act. She has already sent a letter, which we got from the national debt line, via signed for, to the dca but just need to word it. Can anyone assist. I've spent the afternoon trawling through CAG and 'tinternet and can't find any examples. Boris Beaver

Hi, I recently received Northampton CC papers from Drydensfairfax Solicitors on behalf of Lowell Portfolio I Ltd. This is regarding an O2 mobile phone contract from Dec 2008 for which Lowell have already put a default on my credit file a number of years ago. they were adding extras onto the contract which were not signed up for or documented anywhere, after a few months of trying to get the extra charges removed I gave up and cancelled the DD. Im not sure whether this was O2 or the company which sold the contract (mobiles.co.uk) but I contacted both to try and stop the extra charges. What should I do, is my first port of call a CPR 31.14 request for the agreement and assignment (which was never received)? Does it sound like they have a good case for winning, Im surprised they have put it to court since they have previously offered multiple discounts off the amount claimed leading me to believe they have very little substance to their case. Any help is much appreciated. Many Thanks Date of service: 29/04 Particulars of Claim: 1. The claim is for the sum of [~650] and is in respect of monies owing by the defendant on a mobile telephone agreement with O2 (UK) Ltd under account number XXXXXXX. The defendant failed to maintain the contractual payments due under the terms of the agreement. 2. The debt was legally assigned by O2 (UK) Ltd to the claimant on 31/08/2010 and notice of the assignment was served upon the defendant. 3. The claim also includes interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of [~0.12]) from the date of assignment of the agreement to the date of issue (31/08/2010 to 18/04/2013) being an amount of [~115].

As title say this is the link on the Governments new website with further information on their: https://www.gov.uk/browse/benefits/families/support-services-for-military-and-defence-personnel-and-their-families and info from that site: Healthcare, Housing and Support Services available for Military Personnel. European Support Group for defence staff on NATO and EUMS postings ESG provides support to military and civilian staff and their families posted abroad in areas including schooling, medical care and housing. British Forces Post Office Find out about the British Forces Post Office services, how to address mail, BFPO numbers, e-blueys and free mail. British Forces overseas posting: RAF Akrotiri, Cyprus Find out about RAF Akrotiri, accommodation, medical facilities, schools, amenities and recreation. British forces overseas posting: Cyprus A complete overview of Cyprus and its UK bases, a guide to the island and employment opportunities for civilian UK dependents. British forces overseas posting: Episkopi, Cyprus Medical facilities, education, amenities and recreation options for troops posted to Episkopi Station. British forces overseas posting: Troodos, Cyprus Accommodation, medical facilities, education, amenities and recreation for postings at Troodos Station in Cyprus. British forces overseas posting: UNFICYP (Nicosia), Cyprus Accommodation, medical and recreational facilities, education and other amenities at the UN Force headquarters in Cyprus. Career Transition Partnership The Career Transition Partnership is there to help ex-service people to find a new civilian career or job and help employers to recruit the best. Children's Education Advisory Service The Children's Education Advisory Service (CEAS) provides expert and impartial advice about the education of service children. Defence recovery and personnel recovery centres Services and facilities providing treatment and support for wounded, sick and injured service personnel. Human resources for civilians working for the Ministry of Defence Who to contact with questions about pay, pensions, recruitment, training or other issues to do with civilian employment at the MOD. Information for service leavers The Career Transition Partnership helps people leaving the services to find new careers and jobs - along with a range of further support services. Looking after our Armed Forces There is strong commitment to maintaining the overall health and wellbeing of service personnel - even after they have left the services. MODCARE: the Defence Social Service Association MODCARE, supports small, non-national charities: find out how to nominate a charity, donate to MODCARE or take part in fundraising. Mental health support for the UK armed forces Mental health support and advice facilities for service personnel, reservists, veterans and service families. MoneyForce A financial awareness website for Service personnel and their families. National security vetting for the Armed Services DBS NSV provides national security vetting to the 3 Armed Services and other customers across the public sector. Pensions and compensation for veterans Up to date details of service pension and compensation schemes managed by the Service Personnel and Veterans Agency Recruiting ex-services personnel The benefits of recruiting people who have served in the Armed Forces and services offered by the Career Transition Partnership. Support for war veterans Find out about legacy health, recognition, return to civilian life, support from the voluntary sector, commemoration and payment schemes. The Battle Back programme Sport and training programmes for wounded, injured and sick personnel from across the Armed Forces. The armed forces covenant The covenant is a pledge made by the government to ensure that the armed forces are not disadvantaged as a result of their service.

The services allows members of the Armed Forces, their families and Veterans to make savings both online and on the high street. https://www.defencediscountservice.co.uk/index.php?p=home

Hi, This is my first post, so please excuse the ramblings,but i was hoping someone would be able to offer help with my situation. which I will try to summise as briefly as possible: In November of last year I received a letter from Restons solicitors stating I owed an amount to HFC bank from a credit card contract agreement dated on or about February 1995 for x amount, so pay up. Not knowing what it was about, I wrote and asked for a copy of the agreement. Several days later I received a Claim form from Northampton CC Bulk Centre, with the limited time to reply, so only having an agree or dispute, I used the on-line facililty to object, stating that I had not received details of what the claim was about. Received confirmation of response, followed by a letter in early December acknowledging and stating that a copy had gone to the claiimant, stating that they may contact you I received a letter from Restons stating they had not received my letter,unsure precisely what details I required, a copy of a statement with transaction details, that I had no defence, and withdraw my defence or I would pay. I responded by letter, stating that I wanted to see a copy of of the agreement dated on or about February 1995 before I could comment further, received no reply. Received allocation questionnaire, which I duly filled and returned Received a Notice of Transfer of Proceedings stating that I would receive directions regarding allocation. This morning I received a General Form of Judgement or Order stating: The defendant must file at Court and serve on the Claimant a proper degfence setting out precisely upon what basis he denies the claim by 4pm 11th March, failing which the Defence shall be struck out without further order. What can I do next?

I am in the later stages of a CCJ with welsh water and I need to submit my defence ASAP. I have agreed to some of the debt but not all, as over the past several years I have requested a meter on 3 occations which they say they never had the forms but have the requests. I am suggesting I pay the current rate of £23 per month over the course of the 7 years totalling approx £1,500 which is 50% of what there demanding. Any help much appreciated

Hi, I have posted this on other forums,so I have copied and pasted. not much in the way of replies and trying to get as much info help as poss first time dealing with this. I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1 31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland 5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing 31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe" in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had). I immediately replied with the letter template saying that it was statute barred. 23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred. so I didnt think any more of it and thought it was finished. I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010. Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that) I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both. I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011. I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance? Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone. Any advice from here? It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1, Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for? I have written up some more evidence as I have noticed some more details, such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number. The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812. Its like they are trying to hide the fact they all ready issued a CCJ against me

Claim date is 07/01/2013, intend to defend, when does it have to be returned and can it be done on line?

Hi All, Arrow submitted a claim to CC in Feb '12; Particulars of claim The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under account number ******* but has failed to do so. And the claimant claims the sum of ****.** The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00 My original defence was; The defendant has minimal knowledge of the amount claimed by the claimant and requires strict proof thereof. The claimant refuses to use the defendants new address, despite a letter informing them of my new address, I believe this is an abuse of court process. A CCA request has already been sent on 02/03/2012 - and still remains unfulfilled by the claimant, thus bringing the account into dispute. Documents relied on in the claim were not produced with the claim so a CPR request, which also remains unfulfilled was sent to them on 02/03/2012, as they should have had this paperwork prior to the claim NO extension to produce the required paperwork should be allowed. The case proceeded and aq's were received and a call with mediation took place. I stated in section G of the Ag's that "without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence." The court then made an written order that Arrow file and serve: i) copy of the credit agreement and any document referred to within it; ii) default notice; iii) evidence of assignment iv) notice of assignment v) first and last pages of the statement of account relied upon They missed the deadline so I wrote requesting it be struck out, the court extended the deadline by another month, they missed this too so I wrote again, this time the court issued an unless order. I have now received some paperwork from Arrow as below; 1) The internet application form which forms the agreement (I'm sure it's nothing like an agreement, it has no date, no signature etc, happy to post it up) 2) Statements covering 1 year 3) A template NoA assigning from Egg to Barclays 4)Reconstituted NoA from Barclays to Arrow. The letter also said they are still waiting for the Default Notice, but are confident it's forthcoming. The court has now ordered; 1) The defence stand struck out as disclosing no reasonable ground for defending the claim; 2) Time to file an adequate defence extended to........ 3) Defendant to state whether he admits or denies claim in whole or part and if denied state why. In summary, they are still in default of my CCA request, there is no default notice nor proper agreement. As far as I can see they have not complied properly with the 'Unless Order' yet my defence now stands struck out. How can I defend properly when I still need the documents I originally asked for at the start of the claim. I'm stuck as to what direction to take now and would really appreciate some help. Many Thanks

Hello I have recieved a court claim form from Bryan and Carter, issued from the northhampton bulk centre on the 24/8/12 regarding a credit card i stopped paying due to illness in 2010.I have acknowleged the claim online and have written to B and C asking that they provide me with a true copy of the executed credit agreement, a genuine copy of any deed of assignment,and a statement of account and have given them 12 days to provide these. I havn't heard anything yet as the letter was sent only sent a few days ago but should i be asking them to provide anything else ? I also need some advice/help about what i should submit as a defence as i am not familiar with legal jargon and dont want to look silly.Basically i am saying that i am defending because b and c have no legal claim to the debt (assuming they dont have or provide what i have asked for). I have found a draft defence that seems to fit what i need but just need some help to point out if i am on the right or wrong track. DEFENCE 1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action. 2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of. 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and 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 how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thank you so much in advance for any help or advice. Poorazz

Hi all! Hillesden securities have issued a claim through Northampton Bulk for a debt the bought off Black Horse. I CPR'd 31.14 and filed AOS. No docs received. Embarassed defence submitted. I wrote again CPR31.14 and have received a letter stating they are awaiting docs from original lender and will forward a copy to me as soon as they receive the same. In the meantime my account is on hold??? 1. How can they put my account on hold if already in the court system... clock ticking??? 2. Can I apply for strike out (N244) as CPR31.14 request has not been either correctly provided and I have not been notified when they will provide them. 3. What do I need to do next? All advise very gratefully received. Thank you

Hi all! I've been so busy sorting out 2 other defences for my OH, that I completely lost track of the date. Right! Claimant: Hillesden Securities (prev Black Horse) Amount: less than 5k. Aos returned disputing full amount. I have received no NOA, DN or response to my CPR31.14 request. I didn't know that Black Horse had sold the debt and the trouble started when I tried to reclaim my PPI from Black Horse 4-5 months ago. My PPI claim has been rejected but I am appealing (just with Black Horse at the moment but to FOS if necessary). My defence is due today and I'm really unsure what to do regarding what to say in my defence as the amount Hillesden are claiming for is directly related to my PPI claim. I don't know what the o/s balance would be without the PPI. I did default after running into financial difficulties back in June 2012 but I had sent a CCCS letter asking for reduced payments in 2010 - no response. We've seen through the recession and clung on by our literal fingertips, so don't want to fall at the hopefully final hurdle. I'm absolutely up to my neck in legal battles at the moment and just need some help to decide the best possible cause of action. Don't want CCJ as just going through Foster caring training. CCJ = no fostering. All advice welcome. With kind regards Kay Hillesden CC claim form 09.07.12.pdf

I posted a new post this morning and it was subsequently added to my previous thread on the same topic. Unfortunately I did not get any response from the forum and was desperate as I had to get back to the court today with my defence. I dont understand why the post went unanswered, perhaps someone could advise? More importantly have I made the right response? http://www.consumeractiongroup.co.uk/forum/showthread.php?358436-Urgent-advice-need-to-respond-today-cpr-31.14-no-default-notice-received&p=3914157#post3914157