Hi all, I’ve had a look around the site and there is a lot of great advise to people looking for it. I have just today received a claim form from the courts in relation to a debt owed. The debt dates back to 2008 but the default date was early 2010 so I haven’t been able to get it statute barred. The Debt was a overdraft I received while with Yorkshire bank when I fell into hard times and was unable to pay. They’ve apparently been chasing me and now, today, I’ve received this claim form from 'Mortimer Clarke Solicitors'. Do I have a leg to stand on? What grounds could I defend and could anyone point me in the direction of appropriate templates in relation to me making a defence? Help much appreciated.

Hi Im new to the forum and need to file a defence to claim form today by 4pm I believe. I am going to send CPR31 letter but could someone point me in the direction of a Defence to file. It is not a CCA claim but just for unpaid item fees etc and it is not SB. I have read the Burnett v Lloyds case. Thanks and so sorry to be a pain.

Hi, Can someone please confirm I have the correct date to file a defence against a claim. I dont want to get this wrong! Claim Form issue date: 27th Feb 2015 Defence Deadline: 31st March Also, I have read to file it at midnight (MCOL), is this midnight on the 30th or 31st? Thank you

Name of the Claimant ? Lowell with Bryan Carter as solicitor Date of issue – . 10 Sep 2014 What is the claim for – The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx and assigned to the claimant on 1/11/2013 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22 What is the value of the claim? £2512 Is the claim for a current or credit/loan account or mobile phone account? catalogue account When did you enter into the original agreement before or after 2007? before 2004 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 Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? a default has been registered on credit file but I have no default notice in all my paperwork and don't remember receiving one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no but Lowell wouldn't be due to send one until nov Why did you cease payments:- everything got out of hand financially and was on a dmp but then lost my job and couldn't carry on payments Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan?yes I hadn't done a cca request had written on and was planning to post today because I thought they would agree to the extension oh how stupid am I. I sent a CPR31.14 request to Bryan Carter on 2/10/2014 along CPR 15.5 request for an extension they received it on 3/10/2014 Yesterday 8/10/2014 I received a letter from Bryan Carter stating that as the case would be allocated to small claims tract part 31 does not apply and the original credit would have already sent the documents. They also refused the extension I need to submit a defence by sunday I did not sign an agreement with next I just order some clothes and ended up with an account this was in either oct/nov of 2004 is there anywhere I can find some help to put a defence together for example how to word it as my defence is that i didnt sign an agreement and i havent recieved a default notice. Also should I put something in the defence about the fact they refused my cpr request? thank you all for taking the time to help

Hi all, My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt. We decided to defend and entered her defence on the 09/02/14. Unfortunately I was completing the defence form online and signed it in my name as an authorised person - me thinking she needed to authorise me not the court - school boy error. The defence was rejected and we are now out of time. As yet no judgement has taken place. We had sent the CPR31.14 request, which Restons did not comply with, and this was the basis of our defence as we had no paper work to suggest that the claimant claims were legitimate and was asking for either additional time for Restons to supply the requested information or for the claim to be stayed. Does this error really allow the court to dismiss our defence no matter how relevant or can we do anything to re-instate the defence lawfully or get any pending judgement set aside so that our defence can be entered correctly? Any and all advice will be much appreciated. Thanks.

Hi, I was wondering if anyone could run their eyes over my proposed defence, and possibly advise whether I should defend or counterclaim. I have been through the CCA request procedure, as I really don't know what this debt is, and as you'll read in my defence, got nothing back. My return date is 5th january, so this is getting a bit close to the bone.... the summons i received from the sheriff court: is attached And here is my proposed defence, (thanks for the template!):

I've been issued with court papers from an old debt from Three/lowells/BW Legal Is there a secure/private part of the forum I can ask questions and get help with writing my defence?

Good morning all, Been a wee while since i've visited the forum, used to visit regular and help out on the payday loan section. Having a little bit of trouble with civil enforcement and they are now taking me me to court. To cut a long story short I went away to Whitby for the day and parked in a CO-OP car park, I paid the fee but failed to put in my reg correctly. I have been arguing with them for the past two years and they have refused to provide a list of the invalid reg no's for around that time, therefore there is no way do I feel I should have to pay. I have now received a court date following failed mediation where I offered them £2 to cover any admin. The court date is early January. I have received their witness statement, so would be grateful if there is anyone out there who will take a look and help me write a defence. Many thanks Dan

Hi, I have issued a claim on MCOL and the defendant has filed a defence on an additional sheet of paper which has been signed and dated, but he has not signed the statement of truth or given his date of birth or an address. Is the defence a legal document as he has made statements which I have documentary evidence are untrue. Surely they will be in trouble in court for telling blatant lies? Thank you for any help.

Dear fellow Caggers I'm in the process of requesting CCAs for some credit cards and storecards. However, I've got one Storecard with the above company (originally GE Capital now Santander) for which I took out Account Cover when I opened the credit card account back in 2000. What I'm trying to establish is whether or not I may have a claim for being mis-sold PPI which I belive this Account Cover to be. As I understand it one condition that must be satisfied is that I should have been made aware of how the account cover would impact on the interest rate. Can anyone refer me to a good thread about this please? Many thanks

I am in the situation where i was the victim of ID Fraud from a previous address. Hillesden have been at me for the last 18 months. I told them i had no knowledge of this debt, put up or shut up and take me to court. I did the usual and put it into official dispute. They came back and stated they believed i was the person that they were after and now seek payment. Now after a 6 month lull i get this. Looking through various threads it seems that hillesden purchase the right to use the Alpins letter head as a frightner. Is this true, or do i need to rack this up a gear myself with hillesden thanks

I submitted a MCOL to recover my deposit from a Used Car Dealer who refused to refund it, after I found out they lied to me about numerous things regarding the vehicle's condition. My particulars essentially state that when paying the deposit to the dealer prior to the car purchase, the verbal agreement was on the basis that: 1) They did not lie about the car. 2) The car would pass a vehicle inspection. I since found out that they breached (1) and hence the agreement. Before even filing the claim, the dealer actually offered to give me half of my deposit back to begin with, which I happily accepted. A few hours later that same day, they called me to say they changed their mind i.e. deciding to keep the whole deposit, because they now felt that my decision to cancel the car purchase was a "change of heart" decision, furthermore they spent my deposit money preparing the car for me (even though the salesman told me the car was ready to drive away the day I came to see it). When I challenged them to provide me proof of their expenditure, they outright admitted it was "done by a friend" they didn't have any receipts/invoices. It was at this point when I decided to submit a claim via MCOL as they made their position clear and that their decision was final. About a week after they were served, they called me up and we agreed for them to pay me 2/3 of my deposit back, as long as I cancelled the claim first. There was no way I would trust them after going back on their word last time, I said that I will only cancel the claim after the payment has cleared, I also asked them to provide their agreement in writing, which they did. We came to written agreement, and they said they were able to pay me the same day. I monitored my online account, waiting for this to happen, poised to cancel the claim as soon as I saw the money appear. The money never arrived, despite numerous chasers and calls, they kept making promises to pay "later today"/tomorrow, then afterwards kept made excuses for not paying. Yesterday I gave them the final deadline: Pay the agreed amount that day and/or call me to confirm it has happened, or the agreement is off and I will proceed with the claim. They acknowledged my position (I also have a recording of this phone conversation) and promised to call me back by the end of the day regardless of the outcome. Once again, no call nor payment was received. From my perspective it felt that they were just messing me about, and I was out of patience. It just so happened that the defendant had until yesterday to reply to the claim issue, according to the letter the court sent me. I waited until this morning, and submitted a request for Judgement. Upon checking later in the day I noticed that the defendant filed a defence shortly afterwards (the same day!), despite their deadline being yesterday. In the MCOL transaction history it says: In the Judgement panel it says "Requested", and the Claim Status now shows as "Defence". Surely they were too late? I spoke with the defendant a short while afterwards, they made more excuses, and gave me "his word" that they were still happy to pay the 2/3 of my deposit back, assuming I can get the claim cancelled with the court. I'm going to call the MCOL helpline tomorrow, I'm just wondering: Where do I stand? A bar is in place for this claim, despite them filing a defence too late according to the deadline. They are still offering to pay back 2/3 of my deposit.. . does this count as admission to some degree? In the event that they are still just wasting my time with this "offer", is there a chance that the bar will be lifted and their defence be discarded? Does the fact that they filed a defence mean it is now out of both mine and the defendant's hands? Any help/advice would be much appreciated. H

Hi all, wondering if anyone can help - I originally posted on another forum where I got some advice but not getting any replies to help take this forward. my wife has an old debt to Welcome Finance for a personal loan. She became ill, and disabled, whilst repaying the loan and had to stop working. She agreed a repayment plan initially but then her benefits were frozen for a while and she could no longer pay so welcome passed the debt to Cabot Financial. Cabot haven't even tried to make any contact for about 2 years - then suddenly started court proceedings last month. Based on figures my wife says she's already paid a lot of the loan back - but the amount they're claiming doesn't tie up with anything she has and there's no statements from Welcome been received in years. when we got the claims form we acknowledged, and requested a copy of the credit agreement, notice of assignment and default notices under CPR 31.14 (referenced in the claim particulars) from Shoosmiths (the solicitors Cabot instructed). Despite this going by recorded mail they've not responded (nearly 3 weeks) at all. Meanwhile we also requested the agreements and notice of assignment from Cabot - who responded to say they don't have it and have requested it from Welcome, but may take 40 days over it. Tomorrow is the due date for a defence to be filed. I'm lost as to how to handle it - we can't accept the claim without any proof of the amounts involved. Any thoughts appreciated as to how best respond?

Hi, I had a Virgin credit card with a credit limit of £8,500 and could not afford to repay it. No payments or transactions in four years and the debt has been now been purchased by Arrow Global. With charges it's around £10k now and they have issued a summons and I have filed online a defence for the full amount. What is the best course of action from here. I have priority debts which I am having to deal with and they will have purchased this for a fraction of the actual debt and piled on the solicitors costs. Thanks for any advice.

Dear all, Thanks for the fantastic job of running this great forum. A friend of mine kindly referred this to me today. My situation (apologies for the length): In 2012 (sept) i urgently needed a set of my company accounts (ltd company) for Visa purposes so i spoke to an accountant and he said he would be able to help me. All i needed was 4 months (my company had already stopped trading st that point) of account statements he charged me £1100 and he said this included annual tax filing as well. There was no terms/condition of service was provided to me or signed, all these happened verbally (i made a bank transfer to his account). He did prepared the documents (though i had to review and suggest changes heavily), and i used the documents for my application which was successful. After around 11 months he send me an invoice of £800 for tax filing purposes and when i inquired he said this is the charge for annual tax filing 12/13 (my ltd company only operated for 6 months). I was very surprised the charge, informed him that this is not we discussed or agreed and my upfront payment should also cover the tax filing. There was no indication from his side about this charge and i was only aware when i received the invoice. And on top of this the charges are really high for filing (only filing, no invoices to customer or any other activities) for 6 months. But he was very adamant despite me offering him a goodwill payment of £100. He has now filed a claim (issued on 05/08/14), i have done the acknowledgement via MCOL and now need to file the defense. My key points are: 1. There was no clear terms of agreement provided by the service provider. 2. There was no clear breakdown of charges 3. I clearly mentioned him that my company was not operating anymore (so he knows that all he has to do is calculate 6 months worth of transactions for tax filing) 4. I have been prompt in paying him the agreed charges (paid him the £1100 straight away as a single payment). 4. Whatever charges he is claiming for the services he has provided is quite high (i checked with few other accountants and i was told that i should not cost more than £350 for just tax filing and my accountant is claiming £1900 in total). 5. I have been consistently in communication with the accountant and disputed this claim. does the above points makes a decent defense or do i need to think more? Also is there any stickies for 'how to put a good defense' I am very new to this and your valuable insights will help me to make my case. Thanks for your help! Regards, Vincent

I logged into Moneyclaim this evening to file my defence to Bryan Carter/Lowells. I already logged in 2 weeks to acknowledge the claim and that I was going to defend. Tonight however, after logging in, all I get is And there is no option to file my defence. Does this mean I am too late? Any way around this? I CCA Lowells with a £1 postal order but they never responded with a copy of the credit agreement. Thanks

Hi ,can anybody help my situation. I am a newby I had a kitchen company apply to the courts for a payment to which they said I owed, this first started in 2013 they claimed I owed on several invoices over a period of time I phoned them on several occasions to state that I have never had or authorised anybody to have these items. I even phoned head office but they would not have any of it so it went on until in dec last year I phoned head office and after getting nowhere they said they would refer it to the legal dept to which I said see you in court, that's where I am at . I had a letter from the courts asking if I wanted mediation , which I phoned but because I wasn't prepared to pay anything that was not the way forward , then I went on holiday with my family ,when we came back there was a n149a,b,c judgment or order form that stated I had to return by 29th july when we came back off holiday the date had passed. ive tried filling the n244 in but not sure I have done it right and don't know where to send payment can anybody help in any way hanks.

I would appreciate help iro submitting my defence which is due on 05/07/2014. AOS was submitted on 19/06/2014. I have attached relevant docs. The Credit Agreement was provided following a CCA request to Marlin. As it was too difficult to read they then provided the letter of 23/01/14 with a typed out version of the declaration. I believe that I had a default notice from Northern Rock in 2009 and have received the statutory notices each year. The loan was opened in 2001. The last full payment was made in October 2009 and token payments were made in Dec 2009 , Jan 2010 and Feb 2010. N Rock were aware of my financial difficulties at that time. I have not received an actual deed of assignment... just the attached letter and similar letter from N Rock.

I am accused of trespassing into a neighbour's garden and cutting down 5 trees.....however the trees were in my garden and were planted by my father 32 years ago. The Claimants are asking for £14,500 I have been served a claim and I have returned the service of acknowledgement I have prepared a lengthy defense including photographic evidence and witness statements. I had a visit from a chartered surveyor yesterday who has told me not to submit a full defence but rather a letter stating that I have a surveyor who will make a statement and complete drawing to support my defence. He also thinks I should make a counter claim to recover costs and damages, which we weren't planning as we just want it all to go away I need to send in my defence today....How complete should it be? Pleas help!! Sara

Hi, I received a claim form from MKDP for an old Barclaycard debt. I acknowledge service online but now need to submit a defence today - any advice please on how to construct it. issue date 29/5/14 Particulars of Claim the claimant claims the sum of 3,175.32 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard. The defendants account number was xxxxxxxxxx and was assigned to the claimant on 16/1 2012, notice of this has been provided to the defendant. The defendant has failed to make any payments in accordance with the terms of the agreemen t and a default notice has been served pursuant to CCA 1974. The claimant claims the sum of 3,175.32 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

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

Hello - I issued a claim against a company. The defence filed came from a different company which is connected to the original defendant but there is no discussion of this relationship in the defence and it's more complicated than one being wholly owned by the other. I'd like to apply for a strike out of their defence on the grounds that the defendant didn't file a defence or summary judgment because the defence gives no reason why the defendant isn't liable. Anyone help with a reason why this isn't a good idea? AS

Hi, this is my first post, have followed other threads and got the ball rolling but am still worried about this. Claimant= MKDP Date of issue = 30 April 2014 What is the claim for, POC = By an agreement between HSBC & the Defendant on or around xx/xx/2002 (“the Agreement”) HSBC agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claimant on xx/xx/2013 THE CLAIMANT THEREFORE CLAIMS 1. 11xxx.xx 2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2xxx.xx and continuing until Judgment or sooner payment at the rate of x.xx What is the value of the claim? +£13k Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Yes claimant has included s69 interest in total (i.e. added to debt) and its shown separate in Particulars 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. Account is assigned and debt purchaser has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes - but has wrong address Did you receive a Default Notice from the original creditor? Yes – this is incorrect, arrears amount is wrong Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments:- Initially entered a repayment plan, then raised an account dispute which was not resolved Was there a dispute with the original creditor that remains unresolved? YES, further to above the arrears amounts were incorrectly calculated Story so far; No Account Termination received, but NOA received. Letter before Action from MKDP has wrong address Court Claim form has wrong address – hence cannot use MCOL, contacted court and have posted the AOS with defend all which has been confirmed received I have also sent CCA and CPR 31.14 in accordance with other threads I’ve read At the moment I ’m looking to base my defence on the failure to remedy dispute, defective arrears and DN, I don’t recall any Agreement exists in the required form, and am assuming I’m unlikely to receive anything prior to requiring to submit a defence. I’d welcome any advice in relation to the above to confirm or otherwise if I’m on the right path for preparing said defence, if my basis will be robust enough, or indeed if I should be dealing with this in another manner. Many Thanks

Hi All, This is the first time I've asked a question on the forum,iv read and followed many story's getting good information from them but now I need some help please. I have just recived a county court claim from lowell portfolio/bryan carter/fredricsons. The cliam is for an eleged loan agreement they purchesd from the co-op in jan 2013.I'v receved numerus letters/demands/threat o grams of court action over the past 5 year.nobody has ever provided me with the singed copy of the aggregment or terms.ive not responded to lowell/Bryan/freds at all regards this matter.In the past iv ask several of the others via the prove it letter to provid me with information but nothing as ever come back, one company(Red castle)Back in feb 2010 replied to the a section 77/78 with this. "we have spoke to the co-op bank who confirm they fulfilled your consumer credit agreemeent request in nov 2009 " But if they did i didnt recive it nor did Red send me a copy. I have had demands and threats from all TEN yes TEN debt companys . 1/ Red 2/ Resolution legal 3/Gothia 4/Iqor 5/Moorcroft 6/HOME collection services 7/Lewis 8/ lowel.9/Fredricksons 10/Bryan carter . On the court claim form do they have to provid some proof ?? All it say's is he acc number,amount and that it was " his debt was assigned to/purchased by lowell portfolio on 8/1/2013. When and how do i get to see what proof they have to show me or the court ??? Please help as im not sure what to do at this stage Thank you

We owe about £300 for historic school fees and Redwoods are acting on behalf of the school. They issued a claim through Northampton on 13/11/2013 and we issued a defence against the claim. We continued to make payments to Redwoods, and after missing a payment in April, they contacted us again to say the judgement had been enforced. We responded to their letter as follows: "Dear Sir/Madam, I refer to your letter dated 29th April 2014 and confirm that I received claim xxx dated 13th November 2013 and submitted a defence dated 13th December 2013. I have not received a response to the defence or any paperwork from the court stating that a judgement has been made against me. Surely it is legal procedure for a claim and a defence to be evaluated by a judge before a judgement is made? You make mention that "our client reserves the right to enforce their judgement held against you" - could you provide details of this judgement because I haven't received any court paperwork and there is nothing on my credit file to this effect. If a judgement has been made in my absence, and my defence has been ignored, then I would like to appeal the matter because there has been an abuse of legal process. I am aware that an amount is owed to xxx School I have made 3 payments of £40 since the claim was issued in November 2013. I would like to make an arrangement but would like you to clarify your comments about enforcing a judgement. If a judgement has been issued, I should have heard about it and the court should have given directions for repaying the debt. I look forward to your response so that we can agree upon a mutually acceptable solution" We received a letter this morning saying they have secured a CCJ against us. Is it possible for them to do this as we have heard nothing regarding the defence we submitted and I was under the impression that a defence had to be heard by the judge and the judge directed on how to proceed... Many thanks