Hello

I think I've royally messed up with something and am looking for some advice please.

Tonight I was having a tidy and have come across a claim form which I hadn't noticed or even opened.

The issue date is the 28th June.

I've gone onto MCOL and tried to request 28 days as opposed to the 14 but I suspect the clock struck at 16:00 this afternoon.

I'm just looking for words of wisdom on how to proceed please.

I know I've been stupid and didn't even see it mixed in with a load of rubbish that usual rubbish and takeaway menus that graces my letterbox.

I've included the details below but it's probably a bit late for that.

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Date of issue 28th June 2018

Particulars of Claim

1. Monies due under current account overdraft.

2. The Claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the Defendant.

3.It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand.n

4. The Defendant has failed to repay the amount due.

5. The debt was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2139.55 2. Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I am aware of.

What is the total value of the claim? 2324.55

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 April 2007? Before, probably late 90's.

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. Cabot.

Were you aware the account had been assigned – did you receive a Notice of Assignment? I'm not sure but I have received letters from Cabot.

Did you receive a Default Notice from the original creditor? I'm not sure.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so.

Why did you cease payments? Personal problems and financial difficulties.

What was the date of your last payment? Probably 2013.

Was there a dispute with the original creditor that remains unresolved? I stopped using this account and the debt has now been sold to Cabot.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No.

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Did it accept your acknowledgement of service ?

Andy

It did and I've just logged back in and can view it.

So cpr 31:14 time [use the current account one]

So your just in time.....now you must submit a defence.

Example Overdraft Defence (edit too suit)

The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor XXXXXXXX Bank.

3. I refute the claimants claim is owed or payable. The amount claimed consists totally 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 recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

5. 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 T&Cs at inception, Pursuant to section 61B CCA1974.

(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.

6. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

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.

Regards

Andy

Many thanks to both of you for your replies.

Just to clarify, should I send the CPR and submit the defence at the same - I'm just thinking with regards to item 6 of the defence, do they need x amount of time to respond?

Def is an example...

Not due till by 4pm 30th anyway

Get the cpr running

Thank you again!

CPR is on it's way, let's see what comes back.

Do not miss your def filing date regardless...

Post up your intended defence here before submitting.

Andy

Hello

Quick update, I received a letter today from the solicitor saying that they haven't received any response and that they've requested the court to grant a judgement of £50 per month. Their letter is dated the 18th, my letter was sent on the 17th so they won't have received my letter before they sent theirs. They're just assuming I wasn't going to reply.

I've logged into MCOL and there are no further updates after they received my acknowledgment of service so it doesn't look like anything has changed from the court's side.

I'll sit tight to see what their response to my letter is.

2nd one today

Looks like another bulk letter slip by by mortimer

Theyve done this before

Ignore!!

Hello

I received this today along with a copy of the Notice of Assignment which looks ok.

Can you advise on what to do next please?

2018728.pdf

can you please upload a redacted copy of the notice of assignment they sent you

usual twaddle, they do have to supply statements to show how the bal. came about

can you scan up the NOA please

Thanks both. NOA attached.

20180728-02.pdf

Following on from what I've uploaded, could you make a suggeston for my defence please which I can submit tomorrow?

Also, should I send a reply to the solicitors?

Post 5?

Sorry, post 7 refers to it just being an example but is it ok to use if I remove "The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon." from section 4, and also "(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.[/i"?

All I've had is the NOA and the letter, nothing else.

your 1st red bit would be removed yes.