Thanks Andy

Hello again guys, Just got the court latter. It says the claimant rejected my offer, but the court decided that I pay £20 per month. (of course I know they can appeal this). My question now is: Can I still contact the claimant and try and discuss a discounted one-off payment (say half the money or so)? If they agree, and I make this discounted payment within 30 days, can I still get the court to cancel the CCJ entry? ( or is the cancellation strictly based on paying the full amount?)

Thanks Andy ..

Yeah I know it was pretty silly. I didn't quite realise I'd get an automatic judgement if I admit. I assumed we could talk payment plans after admission. So basically (in the unlikely event ) I can pay the whole balance within 30 days of the judgement letter, it can be removed from my records right? Also, if I can't pay it all, what happens? will I get bailiffs knocking? Finally, is there any other way at all I can prevent the CCJ from staying on my records? I assume theres no point going through the "apply to set aside" process right?

Hello guys, Apologies for the quiet. After the last response, I decided to accept the claim, complete their expenses and income form, and offer a minor monthly payment amount. I didn't hear from them or the courts for a while, and then I log into the government gateway today and see the following under claim status: Claim Status A claim was issued against you on 04/02/2016 Your acknowledgment of service was submitted on 16/02/2016 at 04:22:52 Your acknowledgment of service was received on 16/02/2016 at 08:02:42 Your defence was submitted on 07/03/2016 at 13:51:54 Your defence was received on 07/03/2016 at 16:01:51 Your defence was rejected on 09/05/2016 A judgment was issued against you on 09/05/2016 Can someone kindly explain what this means to me and kindly advise on what to do next. Thanks in anticipation.

Hi again people. I sort of see mercyblues point, and then again like dx said, why send the letter? This all still leaves me a bit at a loss as to what do do next. I really can't afford a judgement against me, then again I simply can't pay off the debt. I can however afford a small monthly payment. Any definite suggestions please?

Apologies for that. I've blocked out the details and uploaded again. Just so I don't make any mistakes, and end up with a judgement against me. Are you saying that I should simply ignore this? what happens to the whole court process and pending case? restons reply.pdf

Hi guys, Restons replied, disputing all my defence and requesting for me to withdraw the defence or they'll instruct the creditor to enter an order against me. They also then enclosed an income statement form. I do need to mention, that I'm not sure they sent a letter before action in December. The letter they sent then is also attached. I believe I made the mistake referring to the letter as a letter before action. To me its just a regular claim letter. However it seems they are trying to capitalise on this my error. Further, unlike they claim, I did send the s77 request by registered post. Anyway, please kindly go through the attachments, and kindly advise me on next steps. Thanks in anticipation. Restons defence reply.pdf

Hi dx and or Andy, please can one of you help me out. Got a letter from Restons yesterday, for which I need help with, but not quite sure how to upload it on here ...

Thanks dx

Hi guys, I just thought to ask a quick question. I posted my defence online, and a few days later I got an acknowledgement letter from the courts. However I haven't heard or gotten anything from Restons or MBNA. Is this normal? should I be expecting to hear from them, should I be worried?

Thanks a whole lot :-D

@Andy ... so can I submit as it is now?

Here's what its looking like now .. help and comments please ... (I've got just ike 3 hours left please) Defence 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. The Defendant admits that a contractual relationship did once exist with MBNA, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. The Defendant does not recall any legal assignment the claimant refers to within its particulars and does not recall the notice was served pursuant to the Law of Property Act 1925, and as such would like to see this assignment. The Claimant did not comply with Pre Action Protocol and no Letter Before Action was received by the claimant. On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. The Defendant requested information pertaining to this claim from Arrow Global Guernsey Limited by way of a Section 78 request. To date I have yet to receive a response complying with the request. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedures Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. On the alternative, if 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 82A of the Consumer Credit Act 1974. 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.

Thanks Martin. That's why I asked the question I asked about earlier, 4 posts down on the first page of this thread: "Default Re: Arrow/Restons Claimform - MBNA Credit Card 'debt' Thanks guys, I've read so much I'm now slightly confused, thus my reason to start this thread. About disputing the claim, do I really have any grounds for any defence? ... I simply couldn't afford the payments. Thats all I have. I don't want to go through the whole process and still end up with a CCJ" Can you kindly please give me suggestions here? I'm pretty lost at the moment and running out of time .. today is my deadline.

Thanks a lot Martin, I'll update and send off now Cheers Yeah thats all it says dx. Then underneath theres this: Particulars a/c no - xxxxxxxxxxxxxxxxxxx Date: xxxxxxx Default balance: xxxxxx Post Refrl: Nil Total: xxxx I noticed its a bit less content than most I've seen up on here. Is there something wrong? ..

Help? .. anyone?

Hi again dx, Got that previous one from a friend. I guess this is much better and straight to the point. Exactly what I needed. Anyway, I've made slight adjustments, can you kindly take a look please: Particulars of Claim The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012 Particulars a/c no - xxxxxxxxxxxxxxxxxxx Date: xxxxxxx Default balance: xxxxxx Post Refrl: Nil Total: xxxx Defence Statement 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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. The Defendant requested information pertaining to this claim from Arrow Global Guernsey Limited by way of a Section 77/78 request. To date I have yet to receive a response complying with the request. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedures Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. On the alternative, if 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 82A of the Consumer Credit Act 1974. 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.

Hi dx100uk, thanks for your response. I'm really not sure which parts aren't required, I must confess I'm a bit over my head here. I clicked on the link you posted below, and I'm not quite sure what you need me to see there. Kindly help clarify please.

Hello guys, based on the claim here: “The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012” This is what I’ve been able to write up for my defence. Any help looking over this for me will be greatly appreciated. IN THE COUNTY COURT BUSINESS CENTRE Case No (NAME) - Claimant Vs (NAME) – Defendant Defence I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to: I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions, and show how the Defendant has entered into a contract. II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £6,788.97. ( or £7,298.97 including court fees and legal representative’s costs) ?? III. Show how and when the contract was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant. IV. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following: a) A copy of the Default Notice and Certified Copies of how this was served upon the Defendant. b) As claimant has stated the debt was assigned to the claimant on 20/04/2012, a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and/or Deed of Tripartite Novation. c) A copy of how the Defendant was served with the aforementioned Legal Assignment. d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was served upon the Defendant. e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 20/04/2012. V. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed. VI. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim? I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination. I have requested further information under Civil Procedure Rule 18 but, to date, have not received an adequate response. Statement of Truth I believe the facts stated in this defence are true. March 4, 2016

Hi guys, A little urgent help needed here please. Current situation update: Claim form was dated 4th February 2016 I acknowledged on time. Requested the CPR31 and CCA letters on the 19th – A bit late cos I lost track of the time line. I haven’t heard from Arrow Global and the deadline has passed for the CCA request (however, about 2 years ago, I made this request to them, and got some online agreement. Does this matter?) Now my issue is: For the CPR31 request, the 12 working day deadline is on the same 8th of March, which is the deadline for submitting my defense. I figure after the morning mail delivery, if I don’t hear anything, I’ll update my defense on the website. Is it safe for me to do this so late?

Thanks Andy .. will do

Thanks guys .. I'll proceed and see how it goes.

Hi dx, Sorry, but I just don't want to make any mistakes. I've acknowledged and sent off the letters. If they return with all the information I asked for, and we end up in court, can i still stop myself getting a CCJ?

Thanks guys, I've read so much I'm now slightly confused, thus my reason to start this thread. About disputing the claim, do I really have any grounds for any defence? ... I simply couldn't afford the payments. Thats all I have. I don't want to go through the whole process and still end up with a CCJ Also, about the typo ... its that possibly grounds for dispute at all? About the CCA. I mentioned that I did that a while ago and have the document they sent through. Including the credit agreement, which has an acceptance box ticked in place of my signature.