Hello Nunny Andy and all others who helped with this post.

i had been having trouble registering but have now succeeded.

If this thread needs to be in my user name please advise how to...if not my many thanks to you all.

I checked online moneyclaim today to see if I could see whether anyone has looked at the defence but cant see anything other than what I have put there so fingers crossed and wait and see what happens next.

Thank you all so much and big hugs to nunnyrose my lovely cousin

hi swift640s

It has not been possible to move the posts to your own user name ..I have copied them under my username and posted below.....this is all we need for now.

Andy

Posting on swift640s behalf

Help..... please.

my cousin has been trying to register here for the past couple of weeks but no success so I am trying to help as much as possible. I am quite ill myself at the moment, going through chemo so struggling a bit

she will be able to read this post but not able to post anything herself so I will have to be the go between. She needs to get her defence filed by 4pm today so sorry for the urgency...yikes!

this is the defence so far if somebody could have a look ( lifted from another thread and adapted to suit)

Particulars of Claim (for reference only do not submit with the defence)

1.This claim is for the sum of £330.00 in respect of monies owing pursuant to a current account/credit card facility under account no: xxxxx with Lloyds TSB

2.The debt was legally assigned to the claimant and noticed has been served June 24th 2013

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims 1. the sum of £330.00 2. costs/court fee £35.00

3. legal representatives costs £50.00 Total value of the claim: £418.00

Defence

The Defendant contends that the particulars of the 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.

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Lloyds TSB who closed the account on an unknown date. It appears from the claimants particulars they too are also unsure what they are claiming for with regards to whether its a credit card or a current account overdraft.

The claimant is therefore put to strict proof to clarify its claim.Irrespective it is denied that I am indebted for the alleged balance claimed.

2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

3. Paragraph 3 is denied. I have never been contacted or requested by Lloyds TSB to pay any alleged overdrawn sums.

4. On receipt of this claim i requested further information to clarify the alleged debt by way of a CPR 31.14 requested 25th Jan 2016.The claimant has refused to comply with this request.

Further to the above any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recover-ability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair termsicon in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

Therefore the claimant is put to strict proof to:-.

(a) Provide a copy of the overdraft facility agreement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Default/Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

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.

Posting on swift640s behalf

hi guys,

Andy, The claimant is cabot/restons

I dont think there is another thread for this,

the reason for ddelay in asking for help is because she has had problems registering here.

I was helping her up until my diagnosis and am happy to help as much as I can, but I have a very confuddled head at the moment (ongoing treatment)

She has read through a lot of the threads here and has managed to get this far and is understanding the process thus far but just needs a little help with the defence if necessary .

CPR requested on receipt of court claim 25th Jan 2016.

acknowledge online.

standard reply back from restons saying they didn't need to supply.

I told her to ignore their reply and stick to deadlines,

which she is trying to do but day 33 is today at 4pm.

Good Morning Andy and any others that view

With reference to the online defence I made (as threads)

I have now received a response from Restons.

This is attached for reference and I have blocked out the personal details as per the rules.

I had 14 days to offer a response (if any due) but we were moving at the time so I replied on day 13 to say that we had moved, their letter had been received, I advised that I would respond within 14 days (by 10th April), to which they responded as per the last of the attachments. They sent this letter to my old address after I had advised them of the new detail, and also they were in my opinion quite rude in suggesting that they did not know why I should need further time to respond to 'such a simple case'.

I would like to respond to them but need help and guidance please as to the letter I should now send them. If you can please point me in the right direction it would be much appreciated. Many thanks in advance So just going to attach the scanned copies and cant see the attach files button LOL.....help.....

go to reply to thread, advanced not quick reply....scroll down the page past the box you type in there is a button "manage attachments" you upload any attachments and then select the files you want to attach to your post.

hope this helps

Good Morning Andy and any others that view

Have now been advised how to attach, have copied whole message.

With reference to the online defence I made (as threads)

I have now received a response from Restons.

This is attached for reference and I have blocked out the personal details as per the rules.

I had 14 days to offer a response (if any due) but we were moving at the time so I replied on day 13 to say that we had moved,

their letter had been received,

I advised that I would respond within 14 days (by 10th April),

to which they responded as per the last of the attachments.

They sent this letter to my old address after I had advised them of the new detail,

and also they were in my opinion quite rude in suggesting that they did not know why I should need further time to respond to 'such a simple case'.

I would like to respond to them but need help and guidance please as to the letter I should now send them.

If you can please point me in the right direction it would be much appreciated.

Many thanks

Thank you Nunny x I hope Ive done it right LOL

OK, note to self....CAG has all the answers just have the ask the right questions. LOL

- I have now scanned and saved my documents in what I hope is now the correct format,

so here we go again with the attachments which relate to the above thread.

Many thanks

response to my letter.doc

Restons Latest Thread_pg1.doc

Restons Latest Thread_pg2.doc

My response letter 1.doc

IMG MCOL Defence Response Answer and Further Response.pdf

who said to reply at all to letters NOT from the court?

cant view them

and anyway

never post as a .doc file as word contains all your details in the properties box of the file

convert them to ONE multipage pdf please so we can all laugh at their letters and your unnecessary responses.

follow the UPLOAD

oh and god job we cant view them

you;ve not redacted any of them

attachments hidden

dx

Hi Dx,

Many thanks for your comments, they are noted I did have a little trouble navigating my way around but I will get there I'm sure.

I had help filing the online defense and after that time I received a letter from the solicitor which wanted a response from me within 14 days. We were moving at the time and by the time I picked up my paperwork I was on 'deadline' for timing so I wrote to them just to advise new address and that i had only then received their letter and that I would respond within 14 days .......I did not.....and think I definately should have....have asked CAG first as you ask me who advised answering in the first place.

Have I messed it up for myself now? do I still have to prepare a response of sorts?

I have checked on my lappy now the attachment and can see no identifiers for my detail, does this apply to the senders details also? I am happy to again redact if not fully compliant.

when the images were saved originally (the 4 .doc documents) they saved in jpg I changed the file extension to word, again I should have come straight here and looked first, my apologies Dx.....I cannot see a wayto remove the .doc files from the thread, but think that the last one is the multipage pdf correct version.

Thank you again for helping (and teaching) along the way.

Best regards,

swift640s

IMG MCOL Defence Response Answer and Further Response.pdf

Had to hide the letters you've left ref nos showing

What date on mcol does it say the defence was filed?

You've done OK

No harm in that reply

Just don't write further to them

Just make sure the court on mcol shows the new address

And check the status of the claim on mcol

Check it does not say notice of allocation sent

Thanks Dx.....So helpful

I will check the questions you have asked asap, I did log on yesterday to MCOL but their site had crashed and not had a minute to check it today. I will look first thing tomorrow morning and if I can get the information you want I will post straight away.

Again many thanks for picking this up, it is much appreciated, especially knowing that I am not obliged to respond to the solicitor.

Best regards,

Swift620s

Hi Dx

MCOL still wont let me in, I have mailed the them and received an auto response within 5/10 days......

all I can tell you is that I filed the defense for this case on 27th February 2017 (which was day 33), but cannot answer the other questions just yet.

Hope to hear from you with any other instructions.

Many thanks,

Swift640s

you can ring them- northants bulk

get them to check your address is correct

and whilst there

ask the status of the claim

I bet its now stayed

Yep, you were totally correct, the case is now STAYED. I have mailed you privately to express my thanks for the kind assistance.

so was your address correct too?

yes that was successfully updated

good let it run

go enjoy life

Hi DX and others

I have received a letter from the solicitor to

'query if I have managed to formulate a response at this time'

and advise a copy be provided by 8th May,

you will remember that I wrote to them advising the new address and to say that I would respond within 14 days,

then spoke with you guys here and did not reply at all

instead I was able to update MCOL with new address and can confirm again that the claim is STAYED.

Am I right now to think that,

as before,

I do not need to respond to them in anyway?,

and just to be picky (lol) since I have updated them with my new address,

both this letter and the one we discussed before went to the previous address...

....makes you giggle

Thanks in advance for any help, got a busy day ahead so will check back later.

Great day to you all

Swift640S

correct time to ignore unless you get a letter FROM THE COURT

informing you the stay has been lifted

ruddy fleecers ...

dx

Thank you time will tell.

Hi Again All

I have received a letter from the Solicitor (copy attached)

Your advice to if a response is required.

This letter was again sent to the incorrect address,

I have had confirmation from the court as to my new address and have also been advised that the case is stayed.

Hoping this is just another 'let's try and get something out of her' letter and no reply is needed.

Thanks in advance

So they are offering to settle at that figure including costs etc...basically the debt is not worth spending anymore money on it should they wish to apply to lift the stay and proceed.

So you either accept their offer and pay...end of claim.

Ignore their offer and wait to see if they do proceed...with the risks of further costs being added (fee to lift the stay with hearing £255) plus Sols fee for hearing.

Who blinks first ?

Andy

Hi Andy,

Thanks for that. Much appreciated.

I am inclined to ignore their letter as it was sent to the incorrect address although they have been advised twice of the correct one.

I will think on it for a few days, I don't have the money anyway lol

thanks