Hi DX...

I have looked at your example and it looks spot on to me...

I cannot see anything to change.

I will submit the defence no on MCOL.

Many thanks for your help.

You need to alter 2 or 3

3 . the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

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

Change to Claimant

Andy

Ok - this is how it looks?

Particulars of Claim

1.The Claimant's Claim is for the Sum of £XXX.XX being monies due from the Defendant to the Claimant under a Telecommunications agreement regulated by the consumer credit Act 1974 between the Defendant and BT Plc under the account reference XXXXX

2.And assigned to the claimant on 24/03/2016 notice of which has been given to the Defendant.

3.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum ( a daily rate of £0.04 from the date of assignment of the agreement to 07/12/2016 being an amount of £10.36

1. Paragraph 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Claimant has entered into an agreement with the Claimant; and

(b) show how the Claimant has reached the amount claimed for; and

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

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

4. 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 crediticon Act 1974.

5. 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.

Requires work...you have not answered their points 1/2/3 sufficiently.

You must respond point by point and offer a counter answer..you either admit or deny or accept...but if you dont refute its accepted as an admittance.....

More time and thought put into this now will ensure more success of the defence.

Andy

Ok - option B.

If I just ring up the court and pay the order - will it stop it showing as a CCJ?

Yes as long as you pay the full amount requested...complete the admittance form included in the pack and payment and send to the claimant.

I decided to try my rather weak defence.

On the 10/1/2017 I received a notification from HM Courts & Tribunal Services saying they acknowledged my defence and that the claimant had 28 days to contact the court.

I have heard nothing from either the claimant or the court.

The letter says.... "After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting this stay".

So it looks like they have decided not to defend...

I think this is good news...?

no you are defending...

what defence did you file...

but yes the claim is stayed as above

Hi All,

Sorry for late reply.

I cannot find the document I wrote and submitted as my defence!

But, it was as shown in my message 28 above... with a few tweaks

Very naughty of me...

guess what just dropped through my letterbox??

A letter from BW Legal with a Notice Of Discontinuance! - Discontinuing all of this claim.

It appears they don't want to go to the trouble of fighting these claims...!

Good luck to anyone else in my predicament. And thanks for your help once again!

Well done....glad you didn't pay them now ?

Thread title amended to reflect the out come.

Well done..please consider making a donation to help us continue to help others.

Regards

Andy

I have been paying £5 a month via Paypal for a couple of years now

I know I have asked this before... But I am still not sure I understand...

Lowell have put a default on my credit file regarding this claim/money... But have decided they are unable/unwilling to defend their position in court...

How are they allowed to put a default on if they cannot/won't prove it?

I have been paying £5 a month via Paypal for a couple of years now

I know I have asked this before... But I am still not sure I understand...

 

Lowell have put a default on my credit file regarding this claim/money... But have decided they are unable/unwilling to defend their position in court...

 

How are they allowed to put a default on if they cannot/won't prove it?

Yes the registering of a default has nothing to do with a court claim and data must be reported accurately to the CRAs ...after all you did default.

well done.. bet that made you smile...

just for clarity

a debt buyer or a DCA cant put a default on your file

that would have been the OC

either during the course of the account

or

just before they sold it

I guess I just don't understand the disconnect between them being able to on my credit file they consider I owe them money and the fact they are not willing to prove it in front of a judge.

Many thanks for your help guys.

I follow CAG on twitter and read pretty much every thread and I see how many people you have helped.

You do an amazing "job"

Respect!

More good news....

Had a letter from Lowell Financial Limited this morning...

"Your account has been returned to us from out litigation partner.

Having reviewed all the circumstances,

we have decided,

without any admission of Liability,

to close your account."

and this is the important bit to me....

"If the account is being reported at the credit reference agencies we will arrange for this information to be removed from your credit file.

Please note that the credit file update may take up to 50 days."

Brilliant news!

hey well done..

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Please help.

"If the account is being reported at the credit reference agencies we will arrange for this information to be removed from your credit file."

If...shouldn't they already know this considering they have just litigated on the agreement ?

I suspect thats a template response but keep your eye on it and let us know if they do remove it or simply change it back to the original creditors name.

Andy