Right, will do thanks for the reassurance Andy

Hi, it's been a couple of months since I had much through. I have now had a letter from restons. I think they have got confused with my other claim which Restons are also dealing with. On the other claim I am going for statute barred and it seems this letter is partly dealing with that defence and not this claim. On the third paragraph it says "Please note the transaction log details all activity on your account and can clearly see the last payment made in respect of your account as being on 04/01/201" Could this be some cunning plan to confuse me?? I'm sure they're not that clever!! I must admit I did panic and quickly checked I hadn't put the wrong defences in by mistake but I haven't . Should I let them just plod on on the wrong defence or tell them they seem to be on about something unrelated to my defence? This is the first two pages they sent, they also included a default notice and the full details of my account transactions. The transactions actually show the payment on 04/01/2010 was actually returned unpaid to my account, and the last one was 02/12/09. Although it's irrelevant it shows they're thinking that's my defence for this claim Restons Reply.pdf

A few days ago I got a letter telling me to sign the letter I sent for my cca request. I take it I'm shouldn't sign one as they will then have my signature. I'm just a little worried they will keep refusing to send it and say I've not cooperated if I don't

Many thanks Andy

Hi, please could someone take a look at my defence, it has to be put in today. I have taken this from another thread and only made slight changes to number 5 and also the lenders name. Particulars of Claim 1.The claimant claims payment of the overdue balance from the Defendant(s) and MBNA dated on or about October 06 2003 2. And assigned to the claimant on Dec 20 2001 Particulars a/c no. 444444444555555555 Proposed Defence 1.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. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Mbna.I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Mbna 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and remains in default of my section 78 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 78 request and their solicitors, Restons, have failed to comply with my CPR 31.14 request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer crediticon Act 1974. 8. 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.

Many thanks for the info Ford and Renegadeimp. I'm a bit concerned it may be two months/missed payments which has me sailing close to the wind but hopefully they'll just leave it. I haven't heard back from anyone yet except from the court saying my defence has been passed to the claimant. Finger crossed

This site is fantastic and it's users and the people that share their time (even on New Year's Day)and knowledge are quite unbelievable. Without your help I dread to think how different my financial situation and mental health would be!!! I shall certainly be making a donation as way of thanks. Have a great 2016 everybody!!!

Great, thanks dx, that's the defence I used.

Thanks again Ford, and all the best to everyone!!! So if I go for statute barred and it fails can I then say there is a problem with the credit agreement later or do I need to mention it in my defence?

Try again

[ATTACH=CONFIG]60753[/ATTACH] The main agreement seems to have disappeared now. I didn't realise there was a problem, thanks Andy

Thanks Ford Ive got to put my defence in by tomorrow Im really unsure which way to go on this. Its a safer bet with SB than my other thread as on this one a payment was missed over the six years ago but still is down to the judges interpretation. I think that the signature document on this is also unenforceable but would really appreciate it being looked at. I even think that this has been made fraudulently as the box headed "the agreement' has the right hand side cut off quite obviously , plus the rear of the doc is just reconstituted t&c's.

[ATTACH=CONFIG]60752[/ATTACH]

Mikeymak - just checking but can you see two pages on the signature doc I posted with the signature on or just the t&c's? - I'm really hesitant to go statue barred on this and think that the signature doc isn't enforceable anyway which is why I stopped paying. There are a few more t&c's which I will put on Ford - the default date was 09 March, I've just realised in the opening part of this thread I put this as the date of assignment by mistake. Yes the last time I paid was in December so I only missed the first payment in Jan. I think this really means it's not quite SB, so I really am thinking best to go for unenforceable doc as it looks a safer bet. Any thoughts?

[ATTACH=CONFIG]60728[/ATTACH][ATTACH=CONFIG]60728[/ATTACH]