Hi I don't believe there is any debt. The whole amount claimed was interest and charges as I have paid more than the goods were worth and there was no agreement? but as advised I will start a new thread.

Thank you so much Andy

Just wondering what to expect now from low life's and their solicitors?

Quite rightly I assume the debt however will sit there on my credit record? Can they restart a claim? Etc

Hi. Outcome in my favour - case dismissed. details on "reconstituted credit agreement " didn't match and was I quote "unimpressive" leaving the judge little confidence in the agreemt. claimant didn't supply default as evidence and refused to (their whiteness testimony and mine). What happens now?

Court date was changed now in a couple of weeks time.

Hi Andy, thanks for all your help with this, I stopped at point 7 above... Not that I can change anything now but for others reference I'd still like you optinion/ comments on the above . I'll let you know how it all goes

Thanks

I've drafted with the comments re payment. Easier to take off. Anyone around to check got to head off with all of this shortly. The Claimant's solicitors has failed to and refused to comply with a request for documentation pursuant to CPR 31.14 in March 2014 before the claim was allocated to the small claims track. Documents 1a and 1b The Claimant has failed to respond to a CCA Request sent to the Claimant and Claimant's Solicitor. The request was delivered and signed for at their address and the postal order cashed. Documents 2a, 2b and 2c The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or provide full statements on which its claim relies upon. As no agreement is in place and no terms and conditions have been signed the defendant is not able to be in breach of any terms and conditions and therefore it is not believed a Default Notice was issued to the defendant, not could be issued to the defendant, and the Claimant has thus failed to provide a copy stated in their particulars of claim. A SAR was made to JD Williams. The information shows whilst a record under the defendants name exists in their system a signed credit agreement is not present. Document 3a-e. Upon request of information the defendant was informed by the Claimants solicitor they would not comply and to refer their own records. The defendant is unable to refer to own documents, where the documents never existed. In any case, the Claimant's Solicitor stated they were not instructed on this account and that it was with the JD Williams, so they could not have been acting as stated for the claimant when the claim was submitted. Document 4. As any transactions made with JD Williams were not under a credit agreement, the defendant maintains no further money is owed to the Claimant. Document 5,6,7 and 8. The defendant made payments for the goods to the value of £2036 between first order and November 2011. This in greater than the stated value of orders and does not include payments the defendant has made since to collection agencies. Document 3f Really unsure about this one....... ???? I have no record of any communication with JD Williams regarding transfer of account. The last communication with JD Williams before this claim was on 10/11/2011, confirmed by JS Williams in SAR information. Document 3f.

Anyone got a view on whether I do or do not state the value of goods purchased from the catalogue and value of payments made? or does this muddy the waters? I imagine I will have be asked by the judge whether there was an exchange of goods i'll have to admit ordering and receiving goods, and to be fair I'm not disputing that I used the catalogue and if I am likely to need this in court should I include this now? My annoyance is that including the inflated cost the amount outstanding was less than 1000 - I had paid over twice this much off and due to interest and fees and god know what else the balance is at 3000. The penalty fees alone are 24 a month. I never had sight of these ridiculous costs when I ordered originally and if I had I would never have agreed to them... any thoughts???? Should I also include the spreadsheet of charges showing charges and interest. My fault I've left this sooo late I need to print and drop off today.

Sorry I thought you meant I'd done something wrong with submitting the defence - I mis-read as that's not usually what WS means to me. Apologies.....

7) As the Claimant's Solicitor stated they were not instructed on this account and that it was with the JD Williams they could not have been acting as stated for the claimant when the claim was submitted?? 8) As any transactions made with JD Williams were not under a credit agreement, the defendant maintains no further money is owed to the Claimant. Document 5,6,7 and 8. 9) The defendant believes the claimant has no valid claim and so asks for their claim to be stuck out

1) The Claimant's solicitors has failed to and refused to comply with a request for documentation pursuant to CPR 31.14 in March 2014 before the claim was allocated to the small claims track. Documents 1a and 1b 2) The Claimant has failed to respond to a CCA request sent to the Claimant and Claimant's Solicitor. The request was delivered and signed for at their address and the postal order cashed. Documents 2a and 2b 3) The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or provide full statements on which its claim relies upon. 4) As no agreement is in place and no terms and conditions have been signed the defendant is not able to be in breach of any terms and conditions and therefore it is not believed a Default Notice was issued to the defendant, not could be issued to the defendant, and the Claimant has thus fair failed to provide a copy stated in their particulars of claim. 5) A SAR was made to JD Williams. This information shows a signed credit agreement is not present on my record with JD Williams. 6) Upon request of information the defendant was informed by the Claimants solicitor they would not comply and to refer their own records. The defendant is unable to refer to own documents, where the documents never existed.

1) The Claimant's solicitors has failed to and refused to comply with a request for documentation pursuant to CPR 31.14 in March 2014 before the claim was allocated to the small claims track. Documents 1a and 1b 2) The Claimant has failed to respond to a CCA request sent to the Claimant and Claimant's Solicitor. The request was delivered and signed for at their address and the postal order cashed. Documents 2a and 2b 3) The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or provide full statements on which its claim relies upon. 4) As no agreement is in place and no terms and conditions have been signed the defendant is not able to be in breach of any terms and conditions and therefore I do not believe a Default Notice was issued to me, could be issued to me, and the Claimant has thus fair failed to provide a copy. 5) A SAR was made to JD Williams. This information shows a signed credit agreement is not present on my record with JD Williams. 6) Upon request of information the defendant was informed by the Claimants solicitor they would not comply and to refer their own records. The defendant is unable to refer to own documents, where the documents never existed.

Ok so start with. 1) A CCA request was send to the claimaint and claimants solicitor on XX date with a postal order for £1. This was received by the Claimant on XX (see document 1a proof of delivery) and the postal order cashed (document 1b) 2) I deny signing any agreement with the claimaint or original creditor, in any case as the claimant has not complied with the Section 18 request they would therefore not be unable to enforce an agreement, 3) A SAR request was made to JD WIlliams. This information shows no signed credit agreement is present (Document 2) 4) In the particulars of claim the claimant states a default date, however is unable to produce an default notice. 5) Upon request of information, i was informed to refer to my own records. I am unable to refer to my own documents, where the documents never existed. Q? should I keep the points about Bryan Carter stating they were no longer instructed and to contact JD WIlliams (email 18/02/2014). or leave them?