due 5th by 4pm.

1000's of like threads here.

use the search CAG box of the top red toolbar

Claimform Card.

holding / no paperwork defence

They cant request judgment anyway providing you submit your defence on time.....ignore their 30 days...run with the court time frame.

Andy

I am struggling some what to use the search, not because I'm lazy but because im dyslexic, I've been searching since prompted but not doing too well

Edit to suit your particulars of claim......

Defence

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.

Optional only insert if applicable.

2. 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. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with (Original Creditor). I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor pursuent to Sec87 (1) CCA1974

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over x months ago Pursuant to sec136 of The Law of Property Act 1925.

5. On the xx xxxxx 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

6. 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; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

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

7. 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

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

9. 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.

10. 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.

Alternative finish….

6. On the xx xxxxx 2018 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance.

7. By reason of the facts and matters set out above, the claimants claim is denied

Wow Andyorch thank you

You must edit it to suit your claim particulars...dont just copy the above

I have tried to login to submit my defence but it states that my details are not correct, and I can't login anymore to MCOL ?!?!? I think a phone call tomorrow ? has anyone else had this happen

Ive tried with original claim number and the password on the for says its

The following errors have occurred:

Claim number or password is incorrect.

ok I tried the claim number and password 10 times now,

I cant submit my defence,

is it possible they have retracted the case and my case is not a thing anymore,

or is it more likely the case is screwed up by MCOL

seems pretty wrong for them to stop me submitted a defence if im honest,

but it doesn't give me clear guidance from the website, and does this change the dates/times of anything,

they did state they would back their fake solicitor off for 30 days, while I appreciate that's probably just spam, if anyone knows what's going ion I would appreciate some input....

I cant file my defence on my case... im confused now

What defence are you submitting ?...post it here first for checking.

Andy

quite std for MCOL to not operate over the W/end till reset Monday morning

then try

it wont hurt to file when you get in from work.

but as andy say

post it up now for checking.

dx

1.The Claimant is the assignee of a Hsbc Bank Plc Debt in the sum of £5404.82 assigned on 23/06/2016.

Statutory notice of assignment were sent to the Defendant. On 01/03/2018 The Claimant changed its name from 1st credit (Finance) Ltd to Intrum UK Finance Ltd.

2. The debt is a Credit Card account first opened by the original Creditor on or about 13/04/2012 User reference number ****************. The Defendant used the credit facilities.

3.On 20/11/2013 the account Defaulted with an outstanding balance of £5185. The Claimant and its Predecessors in title demand repayment

Of the sum due. In breach of contact the Defendant failed to repay the sums due.

4.AND THE CLAIMANT CLAIMS

1. The sum of £5,094

2. Statutory INTEREST pursuant to S.69 County

Courts Act 1984 at 8% per annum from 27/11/2017 until Judgement or sooner payment.

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. 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.

3. Paragraph 1 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 2 years ago Pursuant to sec136 of The Law of Property Act 1925.

4. Paragraph 2 is noted and it is accepted insofar that I have once held a contractual relationship with Hsbc Bank Plc. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

5. Paragraph 3 is denied I have never received any Default Notice from the original creditor pursuant to Sec87 (1) CCA1974

6. On the 8th September 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

7. 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; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

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

8. 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

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

10. 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.

11. 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 have made a few changes to the above...reads correctly now.

Andy

Thanks Andy, ill submit that tonight, i only need to submit the black text ?

yes

I have submitted that, time to play the waiting game again, thank you for all your help guys

Had the letter today stating that defence has been received and has been served on the claimant, whom now have 28 days to respond or the claim gets stayed, still nothing else from Intrum or Moonbeever

Good

I have today had a load of documents from Intrum

a change of legal representation back to Intrum Legal department,

along with

an unsigned credit agreement (that has a tick here to agree to this agreement) and

a bunch of statements,

including a letter from HSBC that was apparently sent to me,

Letter from Intrum

Change of Legal Representative

Credit Agreement

Statements

Notice of name Change

Proof from companies house name change

Letter from HSBC assigning the debt to 1st Credit

There is no default notice in the documents they have sent me

The letter sent to me from HSBC was to inform me the debt had been sold to 1st credit

Here you go, managed to get the scanner working

letter from intrum.pdf

thread tidied

Can I just add for reference, between 04/05/16 until 02/08/2017 I was homeless and living in a caravan on a caravan site as my tenancy ended and we lost the house, the letters from HSBC and 1st credit, I would not have got because I was no longer a resident in the house it was addressed too.

by you ...you mean received by you...?

that's sadly immaterial as you didn't update people of your correct address.

quite legally it was sent to the last one you told them you were resident at.

to me all those docs look quite enforceable and correct sadly

but theres still no default notice!!

Yes received or seen by me, I didn't think I needed to update HSBC after they had defaulted me years before. Presumably a default notice should have been issues around the time the debt was defaulted ? I was living at that address for years after then.

well you getting it or not is not the issue.

its if they claimant can produce it or enough evidence to prove it was sent, that to date they have failed to do.

there are numerous won claimform threads here from members on this exact issue - the fleecers lost the case ... no DN.

I did find it strange that they do not mention the DN on the letter as the included documents, I did request it in my letter to them, and the fact that have the assignment and not the DN from HSBC did confuse me, if they have corresponded with HSBC for the assignment, surely they will have requested the DN at the same time from them. I can honestly hand on heart, state, I do not recall any default notice.

good.

I will assume there is one showing on your credit file?

successful litigation should not take place without proof of one, its a fundamental principle under section 87 of the CCA

Yes the account is defaulted on my credit file