Thank you

Advice please. We have now received notice from the court 1. this is now a defended claim 2. the defendant has filed a defence copy of which is enclosed. It appears that the case is suitable for allocation to the small claims track If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directional questionnaire (Form N180) and explain why. We have also received a form to use the mediation service. We need to return to the court by the 11th. (we have been out of the country and only just received, so time is of the essence)

Thank you. I did wonder as when I spoke to Salford they said it takes 4 days after receiving the defence via email. I would have thought a solicitor should know that,

I have today received a letter from the solicitors saying CPR 31.14 doe snot entitle us to the documents requested. Also that they will now proceed to sign judgement as the time for the defence has expired, but I have just checked with the court and the defence was sent on the 18th & the expiry was the 19th. Where do we go from here?

Thank you very much Andy.

Any help/comments on my defence would be greatly appreciated,. I need to submit at the latest on Monday

This is exactly what it says on the claim, which I believe are vague : Brief details of claim Unpaid claims management fees in accordance with the attached invoice Please can someone check over our defence. Any hep comments greatly appreciated. The Defendant contends that the particulars of claim are vague 1. it is denied that any amounts are due under any contractual agreement. On receipt of this claim We requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 7th November 2019. To date we have not received the requested information. Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant owes the amount in the claim; reference S-1002591 from the FSCS confirming the rejection. Letter from the claimant dated 8th October 2019 confirming the above b) show and disclose how the Claimant has reached the amount claimed for; c) provide a copy of the agreement and Terms and Conditions; d) provide copies of telephone conversation with Michael Cooper 10th July 2019 and 1st November 2019 e) copy of the signed acceptance form for any redress from Eurosail (a, c, and d, requested in the Pre Action Protocol returned to the claimant solicitor/director on the 25th September 2019) 2. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

Thank you. Yes still the letter from January of this year. Can I just put my defence in my own words. I want them to produce the 2 documents I asked for in the PAP

Yes you are correct. I spoke to northants & yes we do have to each file so done that today. Not sure if I aren't too late. The date of service was 22nd October. Filed one on the 30th October & the other today

No they are both the same

Yes it is Salford. No defence pack password to use MCOL. Are you saying I need to send another acknowledgement of service even though the claim forms are exactly the same? and if so where do I get another response form

I have submitted via email acknowledgement of service. Both claim forms are exactly the same with same particulars on each and only one response pack

Top right of claim form there is a sticker with CCMCC17/10/2019 & F30YM429 Claimant is The Financial Repayment Service Ltd. Yes 2 defendants

Name of the Claimant The Financial Repayment Service Ltd. Date of issue – 17/10/19 Particulars of Claim What is the claim for – 1.Unpaid claim management fees in accordance with the attached invoice in the sum of:- £641.84. Interest pursuant to Section 69 of the County Courts Act 1984 at 8% per annum amounting to the sum of £0.14 per day from 5th September 2019 until 11th October 2019 amounting to £641.84 + £5.18. Continuing interest at £0.14 per day from the date of issue until judgement or sooner payment What is the total value of the claim? £647.02 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No When did you enter into the original agreement before or after April 2007 ? No Do you recall how you entered into the agreement...On line /In branch/By post ? by telephone Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? NO 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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? N/a Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? N/a What was the date of your last payment? N/a Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

Any comments /help would be greatly appreciated please