needs work.

The agreement provided is nothing more than an illegible computer print which is missing several pages of key terms and conditions.

The statements again, look to be poor quality print outs and fail to show any agreement or anything valid that shows there was an agreement in the first place.

and default notice under section 87etc..explain why its important

t&c's ..expand on why they are incomplete..they mention 18.2 etc..these are not provided

WS in not due to be sent until/by Monday week 8th oct..

Thanks, I'll work on it.

You're right about the date, for some reason I had the 4th in my head.

2nd draft, not 100% sure on amendments but here it is:

Background

1. I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.

2. There are several documents attached with this statement. (paginated)

3. It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought in masses as portfolios at a much-reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims on masses with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

4. 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 debt (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including 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.

5. On xxxxxxx I made a written CPR 31:14 request to the Claimants solicitors, Lowell Solicitors of PO Box 1419 Northampton NN2 1BU requesting that the Claimant/And Claimants Solicitors provide copies of all documents mentioned in the statement of case. Exhibit 1

A copy of the original agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to act.

6. Having made the claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

Disclosures

7. The claimant did not fully respond to my requests made on xxxxxx and has not provided all the documentation that was requested on the court order. Exhibit 2

8. The agreement provided is nothing more than an illegible computer print which is missing several pages of prescribed terms and conditions including 18.2 which relates to the transfer of the rights of the agreement, without which casts doubt over the authenticity and enforceability of the claim.

9. The claimant has also failed to supply a Default Notice as laid out in Section 87 of the Consumer Credit Act 1974. Section 87 makes it clear that a Default Notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement, therefore without a valid Default Notice; I suggest the claimant’s case falls flat and cannot proceed. To do so would clearly be contrary to the Consumer Credit Act 1974.

10. The claimant has yet to supply me with a Notice of Assignment.

Conclusion

11. The claimant has failed to show a valid agreement showing that the defendant owes any money to the claimant/assignor. The claimant has failed to comply with my formal requests on the xxxxxxx. I can only presume that the claimant does not have the legally required original agreement with terms and conditions, Notice of Assignment or Default Notice and has merely tried to obtain an undefended default judgement.

13. Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply.

14. It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.

Exhibit 1 : Copy of defendants CPR 31:14 request dated xxxxxx

Exhibit 2 : Copy of claimant’s response to CPR 31:14 request dated xxxxxxx

Can anyone comment if this is good to go? - thanks

If your happy with the contents...thats all that matters and it particularises and supports your defence.

Try to hang on until the very last and see if they serve you their copy

How important is it that the claimant gets their copy on time?

you are a LiP [litigant in person]

certain leeway is given as long as its not say a week behind when the court got theirs

just make sure the court get their one on time

What's the worst thing that could happen at the hearing if i lose?

what they are claiming nothing more

And if i lose, but don't have any money - payment plan? £5 a month

yep cant get blood out of a stone

and if its forthwith or set at a too higher sum monthly you simply vary it with an N245.

WS from Lowlife attached.

I have not included their evidence DH2 which is pages of statements

DH3 is a fake letter. I received a very similar letter but the dates are different. This letter refers to Lloyds whereas the letter thay sent me only mentions BOS.

I was never in receipt of DH4, I believe this to also be a forgery.

How does this affect my hearing?

Document001.pdf

you were due that on the 10th?

its now the 16th!

you were due that on the 10th?

its now the 16th!

I received it a few days ago but have only just had access to a scanner.

so where is the default notice and where is the rest of the T&c's e'e 18.2 and 3?

That is all they've produced.

then bar sending a clearer copy of the agreement and the NOA, the rest is meaningless really trying to divert attention away from the fact they don't have/cant prove a DN was sent and that it was correct.

and that they don't hold all the T&C's

What about their Notice of assignment (DH3)?

As this has completely different dates and the letter is laid out differently to the one they actually sent me, then surely this can be classed as a forgery?

just noticed you name on the unrotated page

I've hidden you upload

well there are certainly slight differences with the dates and layouts, I wouldn't use the word forgery in court no, more like copy and paste.

but it adds to the fact that they have in all honesty got little to back up their claim and does bring into question how reliable the rest of the documents they have produce support the signed agreement, which I think is the only bit of untouched truth in the whole bundle that's at all relevant to their claim.

what I will also say is this all points to your use of that stupid Freeman of the land site twaddle.

if you'd not sent that, you wouldn't be here now in this position.

as soon as they see those letters they know a mug knows little about what they are talking about and can see an easy win coming with little effort upon their part.

thankfully you came to cag and got the correct info upon how to deal with things.

next time don't use FMoTl twaddle!!

Understood!

So realistically, what chance do I stand in the hearing?

An extremely good one!!

No dn alone has been fatal in numerous cases here already

and you've more amiss than that..

My hearing is on Friday - any tips?

Any news?