Should I still number the paragraphs? I'm having to file early as I am in hospital tomorrow and cannot be certain that I will be in a state to deal with anything for a few days.

Looks like it's submit as is then. I guess I need to head up the defence with the particulars of the claim in order for the the numbering of the paragraphs in the defence to make sense. Is this standard practise?

I have tried to match the particulars of claim. Can one of you experienced cadgers please give it the once over before I submit? Particulars of Claim 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC Bank dated on or about [redacted] 2. And assigned to the Claimant on [redacted] 2011. Particulars a/c [redacted] DATE - [redacted] 2017 ITEM - Default Balance VALUE - £[redacted] Post Refrl Cr - NIL TOTAL - £[redacted] Defence 1. Paragraph 1, I accept that I have held a current account with HSBC Bank. I was unable to service this account due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate and the account was subsequently closed by HSBC Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue. 2. Paragraph 2 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of their excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 4. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request to the claimants representative(s) Restons Solicitors Limited , who acknowledged receipt of the request in writing on the [redacted] 2017. The claimants representative(s) have dismissed any obligation to provide the requested documents. Therefore the claimants representatives in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 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.

Andy. l can see from the other posts in the forum that you are extremely busy however I wondered if you had had anymore thoughts on how my defence could be "sharpened". The reason I ask is that I was informed by post this morning that I am to undergo a medical procedure on Monday which is likely to take me out of the picture for several days meaning that I need to get my defence in by Sunday night to be sure of meeting my defence deadline. I'm sure I must have shot a albatross in an earlier life and sorry to be a PITA but would appreciate your assistance if you can find the time.

I found another of Andy's creations and thought it would better serve my purposes. It is from a much older thread and I don't know if the legal stuff still applies perhaps someone would be so kind as to double check it for me. I would use the more recent one but I am not able to sift out what applies to the loan and what applies to the overdraft (but I guess it was written with that very purpose in mind). Any suggestions as to anything I should add or omit gratefully received. Particulars of Claim 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC Bank dated on or about [redacted] 2. And assigned to the Claimant on [redacted] 2011. Particulars a/c [redacted] DATE - [redacted] 2017 ITEM - Default Balance VALUE - £[redacted] Post Refrl Cr - NIL TOTAL - £[redacted] 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 Account in the past with HSBC. However I am unaware of any legal assignment or Notice of Assignment allegedly served with regards to Arrow Global Limited. 3. 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, 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On receipt of the claim form the Defendant sent a formal CPR 31.14 request dated [redacted] 2017 for a copy of the overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. As per the County Claim forms directions this request was addressed to Restons Solicitors Limited and acknowledged in writing [redacted]2017. However, the claimants representative has dismissed any obligation to provide requested documents and has yet to comply. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 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 would appreciate advice on how to submit a defence based on the fact that I am unable to defend myself aqainst the claim as the claimant has not provided me with the information requested in the CPR 31.14 while also stating that I beleve the caim to be statute barred. I have telephoned HSBC who are unable or unwilling to help and also submitted a SAR but the feedback that I am getting is this is unlikey to be forthcoming before I need to submit my defence. I believe that caggers call it an embarrassed defence and don't have alot of time for them but I cannot think of any other option unless I fold.

Earlier in the thread you said that the debt would be statute barred because I had only ever paid HSBC and not Arrow is that no longer your opinion? Is it not the case that if you received money for a debt that you no longer owned because you have sold it you should return the money to the sender. Am I to understand that a debt purchaser could pay somebody to pay something towards the debt they owned and that way the debt would never become statute barred? I have absolutely no idea whether the payments I have made after the date of the assignment and sent to the original creditor have been passed on or pocketed. I have seen the letter on other threads but posted it because on those other threads it seems to have resulted in further advice as to what to do next as well as saying ignore it.

Now the attached from Restons in reply to my recent CPR 31.14 request. I'm not sure what to do next and would be grateful for any advice forum members are able to offer. I feel I should go down the statute barred route but think I would need to confirm the following if it's to succeed. 1. The fact that new creditor have been able to make a claim means that the debt has been sold and legally assigned to them. 2. The original creditor has no ownership and retains no interest in the debt once it is assigned. 3. Payments paid to the original creditor after the date of assignment through ignorance of the debt having been assigned cannot be construed as payments to or contact with the new creditor. I have receipts which clearly show they were paid to the original creditor. 4. How long after the assignment before the statutory period begins. A lot of questions I know but I'm a novice at all this and find myself groping around for answers. It seems to me that lowlifes can make a claim, do not have to prove they own it or how they arrive at the figure they are claiming. HSBC have behaved abominably from the very start when they pulled the rung out from under me. Now it seems I'm dealing with an even lower life form who can pump me for cash by raising the stakes. Redacted Reston letter.pdf

God this site really opens your eyes. Surely these dca's are acting maliciously and please don't tell me it's not illegal. You can get banged up for calling someone a fat tart on social media and yet this filth can wreck somebody's life because they feel miffed. Why hasn't somebody raised an online petition to get the government to take a look at this if it's a known practise? I'm in the late autumn of my life so it doesn't affect me. But when I think of some of the things I have put myself through for this country and then find out was to keep firms like this safe it makes me think how stupid I have been.

Which is exactly what I've done. But thought I had better run it past you in case I hadn't understood something.

Damn. Have I dropped a booby? I'm new to all this and didn't question using CPR 31.14 because I don't know enough about it, however I was talking to a friend today about my problem and later he telephoned me and said he had done some research online and thought I should have used CPR18. Is he right? I don't have clue. If it is the case how do I overcome it now that I have sent the 31.14?

Sorry to be a PITA but I don't have the foggiest when it comes to legal stuff. I think the following covers everything I should be asking for in the CPR31.14 but would appreciate a second opinion. 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: Notice of Assignment 3: The Default Notice 4: Statement of Account

I have never paid anyone other than HSBC or as I have now found out probably their in house collection arm MCS. Interestingly I understand the OFT stepped in and told them to clean their act up and stop pretending that MCS were a seperate company. If what you are saying is true then it would definitely be SB because I have never had any dealings whatsoever with Arrow. But I cannot be absolutely sure that I didn't pay HSBC or MCS after the date of 13 may 2011.

I tried ringing HSBC and was just given the run around. They are unhelpful people and then there are HSBC. I need to submit in writing to the people who were excepting the payments ( who I cannot remember ) They are unable to provide me with any information about the account (not even the debt collector) unless I first go to a HSBC with my passport or Driving License and they can establish my identity. The branch I go to with my identity will not be able to provide me with the information I require, but will pass my request to them and then they will write to me and I can submit my request direct by way of a written response. Something I do not understand is the following. I have never heard of Arrow and would not have entered into any agreement with them or anybody else other than the original creditor. I have never made any payments in favour of Arrow ever and they purchased the debt in May 2011 so why doesn't the SB apply. If I borrow from A and he decides to sell my debt to B surely their interest in the debt ends as they are no longer the owner of the debt. B now says to me I own your debt but I in my ignorance having no knowledge of the sale of my debt by A to B carried on paying A was there not a duty by A to inform me that they had sold the debt and therefore could not accept the money and returned it to me? I have downloaded the CPR31.14 but do not have a case number only a claim number. I have acknowledged the receipt of the claim online but didn't see any mention of a case number can I still send this without a case number?

Name of the Claimant ? Arrow Global Limited Date of issue: 15 SEP 2017. Time line: Date of issue - 15 September 2017 - Acknowledgement - 3 October 2017 - Defence - 17 October 2017. What is the claim for – 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and HSBC dated on or about April 15 1988 and assigned to the Claimant on May 13 2011 2.Particulars ac no - xxxx/xxxxxxxx DATE ITEM VALUE 04/08/2017 Default Balance 499.99 Post Refri Cr NIL TOTAL £499.99 What is the value of the claim? £575. 02 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 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. ARROW Were you aware the account had been assigned – did you receive a Notice of Assignment? NO and had never heard of the company or their solicitors prior to the 15th of August 2007 when I received what perceived to be a phishing letter claiming that the debt was assigned to them and they were putting in the hands of their solicitors unless the received immediate payment. Did you receive a Default Notice from the original creditor? I honestly cannot remember but I do not believe so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO - never received a single statement ever! Why did you cease payments? I didn't; they stopped collecting my payments What was the date of your last payment? Some time in 2011 Was there a dispute with the original creditor that remains unresolved? NO - other than I made it clear that I thought they had acted unreasonably and would seek legal redress if I was ever in a position to do so. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? I explained my financial position but did not enter into any debt management agreement.