Thanks again Andy. Would it be worth contact this new company via post/e-mail to advise them of my current address just incase they do instigate new court action and request that they send me confirmation that this debt does not exist as not wanting this to keep cropping up.

Hi, After a period of quiet I've now had another letter from a company called DLC based in Northamptonshire sent to an old address dated 26th June 2017. Notice of sums in arrears, Creditor name MEIII Limited, account type: Fixed sum. This has added External Solicitors Costs of £105 and External solicitor fee's of £80 to the non existent debt from the original letters sent at the beginning of this year. As you say this is probably a bit of willy waving from another company in the group but it beginning to become annoying and my concern is that as they are using an old address from 5/6 years ago so if they do instigate court action again I may not find out in time to prevent it. Would you recommend ignoring this or would you contact them to refer them to MEIII failure to provide any evidence of the debt and also to update the address? Thanks Can I refer them to the original letters sent to MEIII, and

Hi Sorry for the delay, Quick update for you. After receiving the letter on 9.2.17 from Mortimer Clarke solicitors advising that they do not hold the documentation I requested under section 77 of the CCA (on page 1 of the post) I have since received a letter from Cabot Financial on 21.2.17 (had no dealing with these before and no mention of them), they advised that the account is currently assigned to Mortimer Clarke solicitors for collection so they are unable to action my request in relation to providing information under section 77-79 of the CCA and that all requests should be re-directed to Mortimer Clarke who will liaise on the matter, also that they have updated them on my correspondence. Further letter received on 22/3/17 from Mortimer Clarke Solicitors advising that they have received my defence and were taking their clients instructions in relation to this and would come back to me asap, in the meantime the matter has been placed on hold. Since this I have heard nothing, the claim is still showing on MCOL. No correspondence received at all from MEIII Ltd, no closure from Mortimer Clarke Solicitors and absolutely no idea where Cabot Financial have fit into all of this.

hi, Sorry I've been quite hectic at work and not had chance to update. I will get some more details on tomorrow on how this has progressed.

Thanks Andy

Hi, I have now submitted the defence through MCOL, what happens now?

I have added the personalised defence statement below, as recommended I have moved a couple of the paragraphs around. Do I just copy and paste this into a section on the MCOL when I log back on there? Out of interest, why would I not receive a reply to the CCA Request prior to the defence date? Surely this is the evidence / documents that this debt somehow still exists. What is the claim for – 1.By an agreement between Black Horse Ltd and the defendant on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies. 2.The defendant did not pay the instalments as they fell due & the agreement was terminated. 3.The agreement was assigned to the claimant. The claimant therefore claims 2681.18 Proposed Defence. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have, in the past had financial arrangements with Black Horse Ltd, however I do not recall the exact details or am I aware of any outstanding balance. I have requested the claimant verify the details of this claim by way of a CPR 31.14. The claimant has failed to comply. 2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 4. On the 2nd February 2017 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 5. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the breach and service of a Default Notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed 7. 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.

Thanks Andy, I'll try get this drafted tomorrow and a reminder set for the 2nd march. Thanks for everyone's help so far.

Hi Andy Do I use a similar defence to what I copied from another post above (once I've edited to my own details) At what point do I register this defence? As you noted I have until 4pm 3rd March, do I wait until then or register it prior to this as some of the posts I've seen suggest companies tend to reply to the CCA requests at the final minute to reduce the available time to draw up a defence.

Hi Andy, Yes I sent a CCA request and the CPR 31:14, both were sent on the same day to the same address (but in separate envelopes and addressed to the relevant company). The CCA request had the £1 po attached to the letter. I had received a response relating to the CPR 31:14 as above but nothing yet in regards to the CCA request.

Hi DX, I had looked a some threads while logged out but in truth got a bit lost as seems many different cases / severity and resolutions. I've had a bit of a browse (while logged in) and I'm guessing I need to complete something like the below for a no paperwork defence (just copied and pasted from past thread would need editing to suit if it's the correct route). What is the claim for – 1.By an agreement between Black Horse Ltd and the defendant on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies. 2.The defendant did not pay the instalments as they fell due & the agreement was terminated. 3.The agreement was assigned to the claimant. The claimant therefore claims 2681.18 Proposed Defence. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have, in the past had financial arrangements with Welcome Financial Services , however I do not recall the exact details or am I aware of any outstanding balance. I have requested the claimant verify the details of this claim by way of a CPR 31.14. The claimant has failed to provide me with a copy of the agreement, stating they believe I have already inspected the documents in the past. To date, no statement of the alleged account has been received. 2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due.The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 4. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show any breach and evidence the service of a Default Notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed 6. On the 21st December 2016 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 7. 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.

Thanks Andy, I've now set a calendar reminder to get it done. At a guess I'll need to go back onto the MCOL site and state that no documents/ evidence relating to the debt has been provided. I've tried to look into this myself and Blackhorse have no record of it or documents to provide and seems similar with this company trying to register the ccj. What will happen once the defence is registered, will I get any form of notification this has been removed or am I likely to have someone else try to do the same thing?

Hi all, I have had a reply from the solicitors as below "Thank your letter dated 2/2/17 We Acknowledge your request for documents pursuant to section 77 of the consumer credit act 1974. for the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken. " Any suggestion of what to do next, the solicitor and the MEIII company they act on behalf of are at the same address, however I have had no response from ME III yet in regards to the letter sent to them. Thanks in advance

MCOL has been updated as advised. I've sent the letter to the solicitor today recorded delivery and will send the letter to the claimant tomorrow when I can get a postal order raised. (Both solicitor and claimant are at the same address). Will be interested to see what they provide and how this debt has suddenly surfaced after all these years. I'll keep you posted on any response, again thank you for your help.

Thanks DX100uk, that was the POC word for word listed above, had another look through and nothing that looks like a reference number anywhere on the documents. Am I able to send a cheque for the £1 fee or is it best as a PO? I'll adjust the form to ensure I request copies of all of the mentioned documents.