Morning all.

A rather heavy brown envelope arrived yesterday. Ive been ignoring the shoosmith letters (as to avoid "letter tennis") but they've gone for the cc.

ex-M&S, over £7k.

I'll get the details up in my next post.

When taken out?

When did you stop paying?

Reclaimed any fees/ppi?

Name of the Claimant ? Arrow

Date of issue 21 July

What is the claim for – the reason they have issued the claim?

1. the claimants claim is for 7000 being monies due from the defendant to the claimant under a regulated agreement between the defendant and M&S financial services plc (no****) and assigned to the claimant (**/**/2013) notice of which has been provided to the defendant.

2. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974

3 the claimant claims the sum of 7000

4 C (sic) has complied as far as necessary with the pre-action conduct practice direction

What is the value of the claim? as above

Is the claim for - credit card (I think)

When did you enter into the original agreement before or after 2007? After I would say, not sure though.

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. DCA Arrow

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't think so. Ive moved around a little bit since.

Did you receive a Default Notice from the original creditor? I don't know.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have been receiving regular letters from Arrow.

Why did you cease payments? Hit the buffers in the recession, mostly due to some dishonest people (thats another story!!)

What was the date of your last payment? Not sure, but it has to be approaching if not over 6 years.

Hi Bazooka Boo. Good morning.

Morning!

Hmm, dig deep through your records, and bank statements, see if you can find when the last payment was.

AFAIK, now would be time to fire off a CPR request, get sight of documents they're going to rely on.

is the number in their POC 16 digits?

yes

Hi DX.

then its a credit card.

have you done the usual:

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

theres no harm in ringing M+S and asking last payment date

if it were SB'd it would make thing much simpler

dx

Hi DX.

yup I'm on it. Thanks for your help as per usual.

Ive checked, I don't think it is SB. I dont have much paperwork from the time as I ended up living in a caravan.

Claim defended.

letters done. good to go.

did you ring M+S?

did you ring M+S?

No.

I found the information I required online.

so not sb then

Hi DX, no not SB

when is the best time to get the defence in? Early or on the last day?

24 hours before deadline, they cannot trash your defence meantime

24 hours before deadline, they cannot trash your defence meantime

fair point.

the claim form was dated the 21st July, so if my maths is correct, that takes me to 22nd August.

It will give them fair chance to get the required information to me. Which they wont of course.

latest 23rd August

Latest Tuesday 22nd ...33 days from and including 21st July

I'll get my defence up here in good time.

Particulars of Claim for reference only

1. the claimants claim is for 7000 being monies due from the defendant to the claimant under a regulated agreement between the defendant and M&S financial services plc (no****)

2 And assigned to the claimant (**/**/2013) notice of which has been provided to the defendant.

3. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974

4 the claimant claims the sum of 7000... C (sic) has complied as far as necessary with the pre-action conduct practice direction

Defence

1. The Defendant contends that the particulars of claim are brief, 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, although I am unaware of the amount owed. I have therefore sought clarity by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests.

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding this point, 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 82A of the consumer credit Act 1974.

4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request.

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

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 and evidence the nature of breach and service of a Default Notice pursuant to sec81 (1) CCA1974

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. 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.

Ill get this put up today/tomorrow. I don't like leaving things last minute!

I have changed the particulars numbering around to make it easier to respond to HSB and added an extra line re default notice and breach.

Your point 2 requires attention as its not a valid response to their point 1.

Regards

Andy

Defence

1. The Defendant contends that the particulars of claim are brief, 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 sought clarity as to what the terms of the agreement were by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests.

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding this point, 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 82A of the consumer credit Act 1974.

4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request.

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

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 and evidence the nature of breach and service of a Default Notice pursuant to sec81 (1) CCA1974

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. 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.

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with M&S. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details.

Keep your CPR 31.14 and section 78 request together at point 4