I rang the court and they confirmed that the case has been discontinued. I'd like to say a big THANK YOU to everyone who contributed to this thread and helped me out.

Well I sent off the CPR letter to phoenix solicitors and the aknowledgement of service letter to the court. I have now received a "Notice of Discontinuance" from the solicitors although the part where it should have the name of a judge is blank. I've heard nothing from the court.

It's for less than £5k. I haven't requested statements in writing, only during phone conversations in the past. I'll remove that paragraph and send it. Thanks for your continuing help

Ok, I've posted the acknowlegement of service form back to the court and ticked the box saying I intend to defend all of this claim, I just need clarification on whether the CPR letter I posted up there ^^ in post number 21 is what I should send. I'm a bit confused as to whether I should send them a SAR as well as the CPR, previous posts on this say just send the CPR.

Thanks. What is a CCA? All these abbreviations are difficult to follow. Where's the red triangle for assistance? Do you mean the black one with an exclamation mark inside it for reporting posts?

I thought you could only claim on missold PPI going back 6 years? This is from 1996! I have no idea how they arrived at the figure on the claim form as I have no statements. When the bank originally combined the loan and overdraft they started adding interest and charges all over the place that I didn't understand. I asked the bank for a breakdown of all charges and interest but they ignored me. I walked away from the account and refused to deal with them until they could answer my questions concerning the charges/interest/PPI. The debt was then passed to phoenix/mcs ltd. I knew nothing of my rights at the time as was in poor health and mcs harrassed me daily until I gave in and made an arrangement to pay a £1 a month token gesture. during these phone calls I have repeatedly requested proof of who actually owns the debt and a full breakdown of the charges and interest but have been ignored every time. The account has been moved from one dca to another (mcs to moorcroft to rockwell) with no statements being sent to me, just letters from the new dca demmanding payment with an account number and a figure. It's only since finding this site that I have gained any knowledge of my rights and realised that I should have put everything in writing.

It's a mixture of a bank loan that should have been covered by PPI and an overdraft that they combined. all dating back to 1996. I have looked back through old bank statements and I have made payments to MCS Ltd, Rockwell and Moorcroft. At one point there were payments going to both Moorcroft and Rockwell at the same time! I last made a payment in March 2009.

Should I actually sign the letter or just print my name? I've read many posts on here saying it isn't wise to sign as DCA's have been known to lift the signature and create fake agreements with it.

I've changed a few bits of the CPR 31.14 template letter, does this look ok to send or should I alter anything else? Dear Sir/Madam, Re: Claim number xxxxxxxxx CPR 31.14 Request On 05/03/2011 I received the Claim Form in this case issued by you out of the Southend county court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Prior to the issue of proceedings I had delivered a request for the production of statements and the agreement relating to the account number mentioned in the Claim Form and on which you rely. You failed to comply with that request. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the deed of assignment 3 the notice of assignment 4 the default notice 5 the formal demand letter Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise. You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time, you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully

Thanks Debbbbbsy This is quite difficult for me to get my head round but I'm getting there. Thankyou for your help.

After reading this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage all the way through it would appear that I can't use this CPR 31.14 letter as they don't mention anything other than an account number in the poc. The poc simply says: "Particulars of claim: The Claimants claim against the defendant Mr "Gibble" the sum of £xxxx.xx due under the following account xxxxxx/xxxxxxxx £xxxx.xx" That's it! no mention of any credit agreements or anything, just an account number.

Thank you cymruambyth I'm just reading that sticky thread now. Ford, it appears to have come from Southend county court although the return address on the envelope is po box 300 northampton and the frank on the envelope is from Newcastle.[/url]

I'm sorry but I'm just getting lost here. Can someone please start from the beginning and explain simply what I am supposed to do? I can't go online to do anything as there is no password on the front of the claim form even though it says in the notes on the reverse of the claim form that there should be one. It also says there should be notes telling me where to send any forms but once again there are no details anywhere. I don't have a scanner so can't scan the form to post on here but it certainly looks like a proper claim form from southend county court.

Thank you but how can I go online to do this with no password for the moneyclaimsonline website? Are there any template letters I can use for the solicitors? I have no idea what a CPR 31.14 is. To be honest I have no idea about any of this. It's all really confusing.

I have no idea where to start with this. I've registered on the moneyclaimsonline website but there's no password on the forms I was sent so I can log in to respond. Also, on the sheet headed "Responce Pack" it says there should be notes attached to the claim form telling where and when to send any forms but I don't see any of this information anywhere.