Thanks I've already put email phone in. I will just tipex it out after photocopying it. It doesn't actually have the sols details anywhere on the forms or the notice that has been sent so shall I send a copy to the address that is on the original claim form? Thanks.

Today I have received a notice of proposed allocation to the small claims court. It is yes to A1 and C1 isn't it?

So this morning I have received a letter from Moriarty saying that they have received my defence and that they are proceeding with their claim.

Yes I will do thankyou

Hi mate. So what exactly is going to be my stance on this when at court? Is it just that they have not gave me a full executed copy of the cca with t and c's? Regards.

Thanks dx so just a case of sitting tight and waiting for a reply if any.

Yesterday we received a letter from the court saying that they acknowledge receipt of the defence a copy will be served on the claimant. Says the claimant may contact me directly to resolve but if it can't be resolved the claimant will inform the court he wishes to proceed. On the same day we also got a letter from Moriarty law they will enter judgement against you 14 days from the letter. Then goes onto say with regards to paying in full or an arrangement and they will not enter it. Regards.

Yesterday we received a letter from the court saying that the hearing will take place on 16th Feb at 10am

Thanks for your assistance dx it's much appreciated.

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt). 2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 and further claims interest thereon pursuant to section 69 of the*county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £42 DEFENCE* 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. 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. The Claimant claims £525 is owed under a regulated loan agreement with PDL Finance T/A Mr Lender. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or PDL Finance T/A Mr Lender. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 © 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; 5. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer crediticon Act 1974. 8. 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.

Is that not under section 4b of my defence mate?

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt). 2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 and further claims interest thereon pursuant to section 69 of the*county court*act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £42 DEFENCE 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 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 claims £525 is owed under a regulated loan agreement with PDL Finance T/A Mr Lender. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or PDL Finance T/A Mr Lender.* 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show any evidence of any cause of action and service of a 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; 5. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer crediticon Act 1974. 8. 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.

1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt). 2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £42 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. 2. The Claimant claims £525 is owed under a regulated loan agreement with PDL Finance T/A Mr Lender. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or PDL Finance T/A Mr Lender. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a 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; 5. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer crediticon Act 1974. 8. 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 9. 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.

Thanks dx, how's this. 1.The defendant owes the claimant £525 under a regulated loan agreement with PDL finance Ltd t/a Mr lender dated 05/07/2012 and which was assigned to the claimant on 16/11/2012 and notice of which was given to the defendant on the 16/11/2012 (debt). 2.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £525 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £42 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. 2. I have in the past had an agreement with Mr Lender but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars I have not been served with a Default Notice pursuant to the*consumer credit Act 1974. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1). 3. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has reached the amount claimed for and; b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. c) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 4. As per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed. 5. 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.

On what basis would it be though mate as mmf have sent copies of cca Also whilst I have looked through the agreement where it says about being legally bound it says by inserting my surname, mothers maiden name and my ip address I agree to be bound by them. My mother's maiden name nor my ip address is in that box?? Therefore is that agreement null and void

I believe I need to submit my defence this weekend but today would be best i Think

Thanks dx

Received a letter today from restons acknowledging receipt of my recent correspondence and that they have forwarded my request under the consumer credit act to their client and have put the account on hold until they receive further instructions. Regards.

today I have received all this from mmf which also has other accounts on it too. Hopefully this is better. return.pdf

Forgive my ignorance but what does this mean and what happens next?

I have today received this from them. Their ws. 12_12_2017 15_00 Office Lens (1).pdf

I will keep you posted mate. Thank you.

Thanks Andy. Ws hand delivered to the court and ws sent 1st class recorded to Lowell.

Any help on the above guys? Much appreciated.

So I have not received any witnesses statement from Lowell and they are due on tuesday by 4pm. Will this witness statement from myself suffice. Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence dated xxxxxxxx and in response to the claimants claim dated xx xxxxx 2017 which was submitted through*county court*bulk centre. 1. It is my understanding that the claimant must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 2. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 3. 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 debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the 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. 4.Background Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and provident. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant.* I requested:- A copy of the original agreement A copy of the terms and conditions as applicable at the time of the agreement A copy of the Default Notice/ termination notice A copy of the legal deed/notice of assignment showing the claimants legal right to take action 5.Disclosures The claimant has since complied and disclosed various documents however unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon. With regards to enforcement given the fact that the claimant cannot disclose an agreement and simply relies on a set of reconstituted terms and conditions ,HHJ Waksmans ruling in Carey and reconstituted versions are not applicable. Section 127.1 will apply and Section 65(1) CCA 1974 clearly states an improperly executed agreement can only be enforced by court order. S127(3) states the restrictions on enforcement. Therefore the agreement relied upon is improperly executed as it is not in the prescribed form. 6.Conclusion Therefore the claimant cannot comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ ______