Can they retry in future? Or is it written off completely? Thanks

I havent received anything from the court, just that letter from PRA

Yes that's it. The court clerk just parroted back to me that phrase, I asked her what does that mean? She repeated they've sent you a letter saying that. I googled it to find out what it meant.

Hi everyone. So sorry I've taken until now to update you all. The Friday before I was due in court on the Monday I received a letter telling me they have dropped the case. I phoned the court to confirm the case was infact dropped & I didn't have to attend court on Monday. They confirmed what the letter said. I cannot remember exact wording but will find letter & post the exact wording. I have heard nothing since. Good luck to all those who are following this thread going through the same procedure. Huge Thankyou to everyone who helped me & guided me along as I really didn't have a clue . I fully believe it's down to following your advice & guidance that is the reason it got dropped. Thankyou each & every one of you.

Thankyou

Thankyou. Do I now sign in & transfer this over like I did my defense or do I post it in with the exhibits & a covering letter apologising for it being late. Thankyou for all your help

Here's my draft. If you can point out anything wrong please I would very much appreciate it. Thankyou in advance IN THE ******* county court Claim No. *********** BETWEEN: XXXXXXXXX Claimant AND XXXXXXXX Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ** Sept 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1110.41. The claimant contends that the claim is for the sum of £953.40 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occured or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice. 4. The particulars of claim state the debt was assigned by Provident Personal Credit Limited to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned it to the Claimant, PRA Group (UK) Ltd. and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments. 5. On ** October 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to PRA Group (UK) Ltd. requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974 [EXHIBIT B]. 6. On ** October 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974 [EXHIBIT C]. 7. I have not received any of the documents mentioned in the claimants claim form. 8. The Claimant replied to my request on ** October 2016 [EXHIBIT D] and failed to supply any documents that I requested. 9. The Claimants pleaded case is that the Defendant entered into an agreement with Provident Personal Credit Limited under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had doorstep loans with Provident Personal Credit Limited in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon. Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 77.4 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______

Got this so far. (Had a family problem I've been dealing with this week) IN THE ******* county courticon Claim No. *********** BETWEEN: XXXXXXXXX Claimant AND XXXXXXXX Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ** Sept 2016, I received a claims formicon from the County Court Business Centre, Northampton, for the amount of £1110.41. The claimant contends that the claim is for the sum of £953.40 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer crediticon Act 1974 (CCA). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice. 4. The particulars of claim state........

Thankyou. I'll edit it to my case & post back to see if I've written it right. Thankyou for all your help, my custody case has more problems that I'm dealing with with solicitors, but now this debt case is the one coming up soon so I have to focus on both & prepare myself for the end of the month for this one. i greatly appreciate all your help.

I posted that the ws were due 10th Jan 2017 in post 68 & asked for advice on whether or not this has in the past been any cases where defendants are able to put in late apologising & the court allows it. Then again in post 82 I posted that I received Court letter stating Notice of Allocation to the small claims Track (Hearing) dated 13 December 2016 & 8 December that covers Witness statements in the paragraphs under 'It is ordered that' I don't know why you are questioning whether or not they were due in January, I'm late for ws & that's fact. I've had to type up the exact wording as you questioned why it was due then. I only know what I have received from the courts. I received it but was dealing with my child custody court case at the time so I put in the defense that you helped me with, but then focused on my custody case as more important. I somehow misplaced it, so I requested another copy. So now I know exactly what I've missed with the time schedules.

- Witness statements By 10th January, 2017 each party must send to the court & to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves & of any other witnesses (if any). Witness statements must a) start with the name of the case & the claim number b) state the full name & address of the person making the statement c) set out that persons evidence clearly & in numbered paragraphs on numbered pages d) end with this paragraph : "I believe the facts stated in this witness statement are true" e) be signed & dated by the person making the statement Then it goes to - MEDIATION DIRECTIONS

Received Court letter stating Notice of Allocation to the Small Claims Track (Hearing) dated 13 December 2016 It is ordered that: It covers Allocation Hearing date Hearing fee Witness statements Mediation directions It also ends dated 8 December 2016 They didn't pay the fee by 29th December 2016. I then received a letter from the court stating General Form of Judgement or Order dated 3 January 2017 It is ordered that Unless the Claimant do pay by 2.00pm on 10th January 2017 the hearing fee or file a properly completed application for exemption or remission from fees then the claim be struck out & the trial hearing will be removed from the Court list. This order having been made of the Court's own initiative a party by this Order may (i) apply to reinstate the claim on payment of the fee &/or (ii) apply to have the order set aside varied or pursuant to Civil Procedure Rule 3.3(5) &/or Civil Procedure Rule 3.6 provided that such application must be made to the Court within 7 days after the date on which the Order was served. Dated 3 January 2017

Thank you Thanks for reply. Purely only about the fee needing to be paid as the directions letter from December stated it had to be paid by 29th Dec. Yes I can put it on if needed.

Yes thats what the letter I have received from court says, but the advisor says theres nothing on the system. I'm following what this letter says as its just my luck if I dont it will suddenly appear on the system in the future.

They haven't done anything. There's nothing been received since the payment was due by 10th Jan & they have paid that. She even asked me where I got the information from that witness statements were due by the 10th Jan as it doesnt say that on the file, only that the claimant had to pay fees by the 10th Jan. She said she couldn't put a note on the file, it doesn't work that way. I have to write an application to the court & pay a fee, & know exactly what it is I'm asking the court to do, explaining clearly what I'm asking for. So what do I need to write in this witness statement? Is it that I've asked them for proof of the alledged debt, original copies of the details with my signature & examples of the letters I've sent them but received no response? Sorry I forgot, she also said to me it depends on whether I want it to go to court or not. I don't know what she was getting at as I thought I have no choice in the matter. They are taking me to court claiming I owe that amount & I have to defend it. Mediation said: Your contact details have been added to the court records, at the present time there has been no contact from the Claimant.