Many thanks Ford, very helpful.

Thanks. So we have the dq to send back and it's advisable to opt for the free mediation service in an attempt to resolve. Do we send all relevant evidence etc back with the dq or is there an opportunity later for that? We feel it's important that the defendant and the mediators are aware of what we have which adds strength to our claim. We're of the opinion that the defendant didn't believe we'd take this further when we sent the notice of intent letter to him.

Without going into the full detail, the claim is because the driving school failed to fulfil the contract entered into and paid for. They had a mechanical problem and promised to re-arrange lessons etc. We are in possession of text messages sent from us to them and vice versa. Basically they said they'd sort the issue, stop bothering us etc etc and we heard nothing for three months. Their text replies prove to contradict from one to another. The company we entered into the contract with are trying to say that their only obligation was to provide an instructor and once that was done our complaint is null and void. We need to know at what opportunity do we serve these on the other party and send to the Court.

Apologies for jumping on this thread but I have a quick question. As an individual I am taking another individual who trades as a driving school to Small Claims. He has decided to defend my claim and I have the Directions Questionnaire to send back. My question is I have evidence I wish to be considered by the Court and to send to the other party so they can see what I have against them......when do I send this evidence? Thanks.

Probably, but it will be SB'd in about a couple of months!

Well folks, to put this one to bed I thought I'd post again to update on what's been happening. I sent the following in a letter to Lowlife in May which highlights the events over the years: I acknowledge no debt to you or any company you claim to represent. I have been contacted by you recently regarding an alleged debt and find it necessary to write to you to inform you where you stand legally regarding your actions. I suggest you read the following very, very carefully as it is quite apparent you have no understanding what you can and cannot legally do. In March 2009 I made a CCA request to Barclaycard to ascertain if an alleged debt was in fact anything to do with me. They failed to comply with that request and any alleged account went into a lawful dispute. In June 2009 I started receiving letters of a bullying and harassment nature from Wescot Credit which went on for a few months. I ignored these letters as Wescot were not legally entitled to contact me. Nothing more was heard from Wescot. In January 2012, you come on to the scene sending the typical threatening letters you’re well known for. You inform me that you have purchased this alleged debt! Knowing that there is nothing you can legally do to enforce collection as it is in dispute until such a time as you can produce an enforceable CCA and prove ownership of the alleged debt, I ignored your letters. You obviously become aware that you were dealing with an individual who knows what you can and can’t do and the fact you probably knew yourselves at this time that you had purchased an unenforceable debt. So, you back off, choosing to pass your paperwork to the next desk along. I then start receiving the usual bone shaking threats from Fredrickson International over a period of a couple of months. These were also ignored! In November 2013 I receive a letter from Bryan Carter solicitors threatening that if I don’t pay up they will issue Court proceedings against me. I’m really shaking now. I inform them that the alleged debt is in dispute as it has not been proven by way of providing a CCA from Barclaycard that it belongs to me. On 20th December, I sent a CCA request directly to you as Carter has informed me the alleged debt is owned by you. Carter informs me that the alleged account is on hold until 6th January 2014 to allow time for my request. According to the very useful Post Office tracking, you received the CCA request on 11th December 2013. In response to my request you stated “Our agent Fredrickson International are currently dealing with your (alleged) account on our behalf, we kindly ask that you forward all future queries to them using the following details” You then give Fredrickson’s address. I point out to you that as you claim to be the owners of the alleged debt it is your responsibility to deal with queries, NOT a third party. Strange as it may seem, I did NOT forward any future queries to Fredrickson’s. Once you realised you were once again in the wrong I then got a response from you informing me that you had contacted Barclaycard for the CCA but I would not receive it within 14 days. A very strange thing happened now. I hear absolutely nothing from you but I do get a letter from Barclaycard and I am 100% certain that you would have received the very same letter from them, hence why you went quiet. That response from Barclaycard stated, “We do NOT have a CCA in your name for that account and therefore it is unenforceable.” After receiving this factual statement from Barclaycard that opens up the very strong possibility that any such account may never have been opened or owned by me in the first instance and the fact that you or they could never prove it ever existed in my name, you go very quiet once again. Approximately a year goes by and you contact me again with a letter dated16th March 2015. Rather pathetically, you introduce yourself to me regarding this alleged debt as though we have never had previous contact about it. To top that, you send me yet another letter dated 18th March 2015 offering me a 50% discount to resolve this matter!!! Why are you doing this I ask, is it because you’re really caring people? Of course it’s not. It’s because you haven’t got a leg to stand on legally to enforce any payment and you know it. You think I’m going to give 50% of an alleged debt that probably wasn’t even mine???? You have to prove by means of a CCA which bears my signature that the alleged debt was actually mine in the first instance. According to the factual statement from Barclaycard, you know full well that there is no CCA in my name for any such account.In plain and simple English this means that no such agreement exists between me and Barclaycard so therefore any such alleged debt is and will forever remain unenforceable. In view of what I state in this letter, I will allow you to send me only one further letter stating that you are not in a position to enforce any collection activity against me and therefore any account you claim to be mine will be closed and any balance be put as zero. I would ask that no further contact be made concerning the above alleged account, apart from the letter I now formally demand, as we are both fully and legally aware that you could never prove the ownership to enforce collection. I firmly believe, the reason Barclaycard have no CCA in my name for any such account is down to the fact that they made a clerical error so I would expect that any reference to an account that cannot be proved as mine be removed from all Credit Reference Agency records immediately. Well finally this week I received the response as follows from Lowlife: Thank you for your letter received on xxth May 2015, I note all your comments. Our view is that Lowell Portfolio Ltd purchased the account in good faith from the original creditor on the understanding that the balance was correct and collectable. However, with a view to resolving this matter without further delay and with no admission of liability, I have decided to stop any collection activity on the account and confirm that we will take no further action to recover the debt as the original creditor has been unable to provide relevant documentation to prove liability for this account. I have also arranged for any information being reported by Lowell Portfolio to the Credit Reference Agencies in relation to the above account to be be removed from your credit file. Please note that this process can take up to 50 days. I hope that this response concludes the matter to your satisfaction. So there you go, a winning result for me! One thing that does mystify me is the fact that after requesting the CCA from Barclaycard I had that letter from BC stating they have no CCA in my name for that account, surely Lowlife and the other ******s would have also received this from BC at the time and knew they didn't have a leg to stand on? Anyway, with the help of people on this site I didn't give up and fought through until I got the result I wanted and for that I would like to thank everyone who offered advice. Once I get paid I will be making a contribution to this great site.

Well, finally the update we've been waiting to put up. After chasing the Court we finally received a letter this morning stating that Scabrat's claim has been struck out. Not only did they never send the wife any evidence of the debt, they never sent anything to the Court either. The order does give the option to have the order set aside, varied or stayed so long as they fork out more money within 7 days from the 27th May. Not a clue what any of that means?? I'd like to express our thanks to andyorch who has helped, advised and assisted throughout and in view of what a great site this is, we will be making a donation. Many thanks Andy.

She phoned the Court and explained that nothing had been received since the order was issued and they told her it would now be referred back to the Judge and she will hear from the Court again. Now the waiting continues.

Thanks Andy, will keep you updated.

Andy, Correct me if I'm wrong please. The order dated 27th April, I make 7 days yesterday taking into account the Bank Holiday. Nothing received in post yesterday or today, should she ring the Court today?

This morning my wife received an email from the Court stating: The following order has been made and sent to the parties. The system is prompted to refer the matter back to a Judge once the deadline date has passed . If you could email to state receipt or otherwise in the meantime that would be useful. Pursuant to order dated 4th March 2015 IT IS ORDERED THAT 1. Unless the Claimant do file and serve on the other party written statements ordered by the Court dated 10th March 2015 within 7 days of servicve of this order the Claimants claim will be struck out without further order of the Court and the Small Claim hearing listed for 10th June 2015 will be vacated. 2. The Court has made this order on its own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998. Any party affected by this order has a right to apply to set it aside, vary or stay it, by application made not more than 7 days after this order was served on the party making the application. Dated 27 April 2015 So, is it looking good for her and does she have to do anything as she has complied?

This morning, the wife receives a letter from Scrabrats solicitor offering a 50% discount as full and final settlement. In their words, " This will enable you bring this matter to a conclusion without the need for a County Court Judgment." Considering they haven't sent one single piece of relevant paperwork regarding this case I'm really chuckling at their assumption of getting a CCJ!! Stinks of desperation on their part I think?

Thanks Andy.

Wife tried phoning the Court this morning to find out if they had received anything from Scabrats. All automated now, you select the department you want then get told an email address. It then hangs up. So she has sent the Court an email informing them that she has received nothing, asking the Court if they have and if not asking for sanctions to me imposed on the claimant. Regarding sanctions.... what can these be?

Well the 23rd April was the date given in Directions as the deadline for paperwork to be exchanged by all parties. We done our bit, submitted papers to the Court and Scabrat but as expected..... wife didn't receive a single thing from Scabrat to substantiate their claim. I take it that as they have failed to comply with Judges Directions it's looking good for the wife??

Thanks Andy, Will update later if any news.

Thank you Andy, 5&6 now removed. What's your advice regarding sending copies of letters sent and letters received in with the statement to the Court and claimant?

Andy, Would you mind casting your eyes over this please and let me know if it's okay, if anything needs to be removed or added etc. When I put the papers together for the Court should I make copies of letters received from Scabrats and RightHassle and enclose them or would they not make any difference as I expect they would be enclosing all those? Thank you. IN THE county court XXXXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXX Claimant -and- XXXXXXXXX Defendant WITNESS STATEMENT OF xxxxxxxxxxxx I.XXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- 1. I have no recollection of any Credit Card Agreement between myself and Bank of Scotland (Marbles). 2. I have never received a Notice of Assignment or Default Notice in relation to the alleged debt therefore any claim to the contrary is denied. 3. I requested information pertaining to this claim from Wright Hassall Solicitors by way of a CPR 31.14.This was posted on the xxxxxxxxxx 2014 and signed as received on the xxxxxxxxxxxxx 2014. The claimants Solicitor, Wright Hassall, responded to this request on 19th xxxxxxxxxxx 2014. They acknowledged they were requesting documentation from their client. To date I have yet to receive a compliant response. 4. I requested information pertaining to this claim from Cabot Financial (UK) Limited by way of a Section 77/78 request. This was posted on xxxxxxxxxx 2014 and signed as received on xxxxxxxxxxx 2014. They acknowledged they were requesting relevant documents from the original lender on xxxxxxxxxxxx 2014. Cabot Financial wrote to me again on xxxxxxxxxxxxx 2014 to inform me that they had been unable to comply with my request within the relevant time period. The letter states that due to this non compliance, the alleged credit agreement is currently unenforceable. To date I have yet to receive a response complying with my request. 5. It is denied that I was informed or received an assignment of this alleged debt neither by the original creditor nor the assignee. 6. It is denied any Notice of Assignment was ever received. I believe that the facts stated in this Witness Statement are true. Signed ………………. Dated on the day ………………..

Many thanks Andy, I will give it a go. We've still not received anything at all from the claimants since our requests towards the end of last year.

Bloody hell Andy, you're a star. Thank you very much, I'll adapt it to suit later on (busy presently with Grandkids) and post it up here for you to look at for me if you don't mind?

She's received the paperwork from the local County Court with the Hearing Date set for June and Judges Directions. We and the Claimant have until 23rd April to deliver all copies of relevant documents to each party and the Court. The claimant had until 26th March to pay the hearing fee to the Court. Just need some guidance to the witness statement, would be helpful to view some others.

Been reading through loads of threads on here trying to find the "Witness Statements" that you have to send to the Courts and the claimants prior to a hearing. Now my eyes hurt and my head is killing me, can any kind person point me to some threads where there is some to look at please? Need to get one sorted for the wife shortly. Many thanks.

Update time: My wife had a phone call from a nice lady from the mediation service. The conversation didn't take very long at all, she asked if my wife had received any evidence from the claimant proving that the alleged debt is hers. Wife told her that she has not received a single thing apart from letters stating they are requesting that evidence. The lady then said, "This is the typical actions of Cabot and therefore we can't mediate as they haven't proved the debt is yours and why would you want to mediate on a debt they cannot prove is yours in any case?" That was the end of mediation. Today we have had a letter from Northampton stating that it's now being allocated to local court and we have to wait for Judges directions. What's likely to happen now?

Thanks for that andyorch. What are they hoping to achieve going down this route if they have still failed to produce anything?

Does the original defence we sent in to the Court get transferred over to the Small Claims for this case?