Thanks dx. I have just logged into mcol and last thing in history is my defence been received. Should it show stayed anywhere on there? Regards.

Today I have received the following from restons solicitors. Regards. Think thats right now. Always seem to have trouble with these. 01-15 Scan1.pdf

Thank you Andy. My final draft. All good to go? 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. Save insofar as it is accepted that a contractual relationship once existed withTalk Talk Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant is yet to provide me with a copy of the agreement and to date no statement of the alleged account has been received. I do not recall having received a Notice of Assignment, as stated by the Claimant. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach. © show how the Claimant has reached the amount claimed for. 2. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 3. 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. 4. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 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

Edited, is tgat now good to go mate or should I also delete out, paragraph 1 is accepted?

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. Paragraph 1 is accepted. Save insofar as it is accepted that a contractual relationship once existed withTalk Talk Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant is yet to provide me with a copy of the agreement and to date no statement of the alleged account has been received. I do not recall having received a Notice of Assignment, as stated by the Claimant. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach. © show how the Claimant has reached the amount claimed for. 2. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 3. 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. 4. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 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

So remove that paragraph and adjust others (numbers) Then good to send Andy?

Does lba mean letter before action? If so I am not 100% sure Andy.

How's this now. 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 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 claimicon 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 accepted. I have, in the past, entered into a contract with Talk Talk Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant is yet to provide me with a copy of the agreement and to date no statement of the alleged account has been received. I do not recall having received a Notice of Assignment, as stated by the Claimant. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach. © show how the Claimant has reached the amount claimed for. 3. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 4. 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. 5. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 6. 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

1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 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 claimicon 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 accepted. I have, in the past, entered into a contract with Talk Talk Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant is yet to provide me with a copy of the agreement and to date no statement of the alleged account has been received. I do not recall any breach and I have never received any Default Notice. I do not recall having received a Notice of Assignment, as stated by the Claimant. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) 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; 3. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 4. 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. 5. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 6. 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

Thankyou for the time and information. I have adapted it accordingly to my case and hopefully this is better. Thank You once again. 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 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 claimicon 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 accepted. I have, in the past, entered into a contract with Talk Talk Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant is yet to provide me with a copy of the agreement and to date no statement of the alleged account has been received. I do not recall any breach and I have never received any Default Notice. I do not recall having received a Notice of Assignment, as stated by the Claimant. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; 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; 3. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 4. 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. 5. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 6. 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

We havnt moved dx been in same house for 15 years. Sorry I was using am old defence I had and just altered it.

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 claims £221.12 is owed I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 request who are yet to fully comply. 2. 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 the Claimant Jc International acquisitions. 3. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 (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; 4. On receipt of this claim I requested, by way of a CPR 31.14 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. 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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. 7. 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. Should there also be anything in there with regards to PAP? Regards.

Sorry for late reply. And was done and cpr sent last week. Thanks.

Name of the Claimant ? Jc international acquisitions Date of issue – 28th November 2018 What is the claim for – the reason they have issued the claim? 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 What is the value of the claim? £221.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a house phone/broadband account. When did you enter into the original agreement before or after 2007? After 2007 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 to debt purchaser issued by MORIARTY LAW. Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe so Did you receive a Default Notice from the original creditor? I don't believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware. Why did you cease payments? Not sure What was the date of your last payment? Not sure 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 don't believe so no.

I thought as much Andy but just keeping the thread updated and checking that's all. Thanks for the reply, appreciated.

Today I have received the following from restons. restons.pdf

I have just been checking through my credit report and have noticed that Cabot has now updated this account on my file to a balance of £870 (courts costs) Can they legally do that as the balance is currently only £740 without court costs.

Defence submitted. Yes Andy I did. Details on 1st page of this post. Regards.

Thankyou Andy much appreciated.

Is this good to go? Regards

Yes Andy. How does this look. P.O.C The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and VANQUIS dated on or about Apr 09 2015 and assigned to the claimant on June 30 2017. PARTICULARS a/c no ############### Dated 13/7/2017 default balance £740.79 Total £740.79 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 claims £740.79 is owed under an agreement with Vanquis. I do 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. 2. 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 the Claimant Cabot Financial Limited. 3. 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; 4. 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 have failed to fully comply with this request. 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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 credit Act 1974. 7. 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.

So I have not received anything further from restons. So I assume get my defence wrote up today and submitted?

Thanks mate will post up just before with a defence for yous to look over thabks once again.

Yeah noticed that dx thanks. So just a case of waiting and filing a defence by 11th October if I've worked it out correctly?

Today I have received the following.