I got a pre action protocol letter with a form, from Restons for a next account which has been passed to Debt Managers (Services). I ticked box I and requested a copy of the contract, statement of account, details of any administrative charges, copy of notice of assignment and a copy of the default notice.

I received a reply from them providing with a few details; date account was opened, address used (which is incorrect btw), last order date, last items ordered, last payment date and amount.

The letter says I have not provided any information as to why I don't know if I owe the debt, and asking me to confirm 'why you are unsure if you owe the debt so that our client can understand your position'.

It reads like a template reply to me, but I am unsure how to word my response. Do I need to give a reason why I am unsure under the pre action protocol, or should I write back simply asking them for the information I originally requested?

You could point out to them that it is their responsibility to prove the debt and as such having provided incorrect details, you deny that you are indebted.

I wouldn't explain to them what the incorrect details are. Just tell them that the details are incorrect.

You could start to tell us more about the problem here.

Is this on your credit file?

Can you scan up what they have sent back to one multipage pdf please

Read upload

Title updated

Moved to store card forum

It is from a next account which I stopped paying in 2015, defaulted in 2016 and has been sold to debt managers. It is on my credit file.

restons response to pap form.pdf

Ok restons std crap then

What did you send them?

Our std PAP reply?

I ticked box c for don't know if I owe the debt, and in box I, I asked for the documents I listed.

So you filled out the PAP reply form they sent you?

If so please scan that up as in post 3

I signed and dated the back. I didn't write anything in box g, blanked it because my name was showing through from the reverse.

restons pap form2.pdf

restons pap form.pdf

Let it run then

Let it run then

As in I shouldn't reply to them?

Well they aint going nowhere without enforceable paperwork

shame yo signed the form

never ever do that print your name

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Thank you for your advice, I certainly wish I had read that thread before I replied..

I feel uneasy about not replying to their letter, so was thinking of sending the following:

I write further to your correspondence.

As you have provided incorrect details, and failed to provide the documents requested I deny that I am indebted.

Would you advise against this?

nope pointless letter tennis

So if I leave it would their failure to provide the documents I requested make it unenforceable?

IMHO its UN-en yes

let it run

I have received a county court claim form today, any advice on how I should word my defence?

Not yet!!

Please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

Retitled and moved to legals

Name of the Claimant ? Debt Managers Services

Date of issue – . 19 July 2018

Date to acknowledge) = 6 August 2018

DAte to submit defence = 20 August 2018

Particulars of Claim

1. The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Next Directory dated on or around Nov 29 2010 and assigned to the claimant on Jun 15 2017

PARTICULARS a/c no - xxxxx

DATE ITEM VALUE

20/4/2018 Default Balance 1285

Post Refrl Cr NIL

TOTAL 1285

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

What is the total value of the claim? 1285

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue/Store card

When did you enter into the original agreement before or after April 2007? After

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. Assigned, issued by debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? My income dropped and I couldn't afford all my commitments

What was the date of your last payment? November 2015

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I sent them a letter saying that I was having financial difficulties and offering a token payment, which they replied to saying that I hadn't signed the letter so they couldn't deal with it. I never contacted them again after that

Ok I think I have got my head around what I need to do...

I should probably point out at this point that before I received the pre action protocol letter, my approach was (unfortunately) to ignore it and hope it would go away, so I have no paperwork, such as default notices etc.

I will post the cca and cpr letters tomorrow.

Should I use the online service to acknowledge?

Should I acknowledge straight away, or nearer to the 19 days deadline?

hey that perfect thank you..

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 start 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

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

for your ref

here are a few like claims

you are NOT alone...

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=claimform+next&sa=Search+CAG

That's great, thanks.

So should I wait until the 6th August to acknowledge?

no

So acknowledge tomorrow and I still get the full 33 days to submit my defence? Sorry to keep asking, I just don't want to make a mistake..

you can do it now

its a 24/7 website

once done you then get the full 33days from the date on the claimform

as you've got it right

you must regardless file your defence by 4pm 20th aug

see those tread I linked too

plenty here already ahead of you so you those as guidance

but don't do anything without checking with us first.

excuse the label..but newbie make silly mistakes they don't realise sometimes...

dx

That's great, thank you so much for your help. I'll read some more threads. And I've already made some newbie mistakes and don't want to make any more, hence all the questions! Thanks again.