Ok thank again

Right ok, so does that over rule the alleged debt reaching the 6yrs and statue bar mark? Thanks by the way

That's what I was thinking with info gathered from other threads. Is there a time limit on the stay or does it hang indefinitely? Thank you for clarifying on the 'ventilate' issue!

Hi, Iv recieved a letter from BWLegals. They state that their client has confirmed that the fee of £1.00 has not been recieved in respect of my request under the consumer credit act 1974. I've got the original letter and postal order receipt. They also state: We note u have filed a defence to our clients claim. The claim is currently stayed and your account has been placed on hold in order to ventilate the issues between the parties. Whilst our client believes that they are in a favourable position, there is nothing to prevent parties from entering into negotiations without prejudice discussions at this early stage. This is purely from a commercial standpoint as our client believes that any underlying issues can be resolved on amicable terms. They offer settlement sum of £4800 full and final payment . They also enclose income and expenditure form should I be in no position to pay the settlement sum within 14 days. Hmmm they never offered time to ventilate issues between parties when i was served with a statutory demand claim!

Hi, thank you I thought so. Just wanted to be sure. I expected the MCOL might update to defence issued to claimant or something along them lines. Thank you

Feel like I'm sitting on egg shells! Should I of heard something from the courts by now? I've had no letter from the court stating that the defence has been served to the defendant. I've checked MCOL and my defence states received. I've emailed MCOL to query if it has been served but haven't had a reply yet.

Right so the 28+5, ok thanks again Andy

Defence submitted, I'm not sure when the 28 days start? From when I submitted my defence or from when they receive a copy of my defence? Il update any news

ahhhh ok, thank you..... once again

Another thought what about enclosing the cca and statement? Do I need to enclose them or anything else? Proof of postage for the CPR request?

Lol credit where credits due I didn't realise I could do it online!

yes I can see how that slots in and flows accordingly like it was there to begin with! You make it look so easy and it's so not. thank you

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. I have had an agreement in the past with Shop Direct but any alleged balance was for a returned item. The balance was shown as refunded on statement 29 and confirms receipt by Shop Direct of the returned item. The credit agreement was cancelled. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago. 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 on 17th December 2014 by recorded delivery. Therefore 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; 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 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. 7. 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 I'm not sure where to fit the statutory demand set aside info into the defence also should I include information on the initial or any CCA request?

forget that, the agreement states 14 days to cancel but the item was due for delivery in April but the item was damaged in cargo showing on the statement on 13/05/05 a month after I signed the agreement. 2. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance was for a returned item. The balance was shown as refunded on statement 29 and confirms receipt by Shop Direct of the returned item. will that be enough information along with the proof? I'm puzzled and trying to find out where will I include info on the SD set a side? I'm not sure where to fit that info into my defence?

ok I see what you are saying, thank you 2. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance is for a returned item. The item balance as shown was refunded on statement number 29. The agreement states ‘Your right to cancel within fourteen days, starting with the day after you signed it.’ Statement 29 confirms the receipt of the returned item by Shop Direct, therefore the agreement was cancelled as of 13/05/2005. along the lines of that?