Just to update this thread-I signed the Tomlin order and am happy with the payment arrangement term of four years, I just want to thank everyone who contributed to my thread and in particular andyorch,who's assistance and advice proved invaluable. Thankyou so much babymoll

Hi Andy, Thanks again for response. I don't have 2k,so a payment arrangement would be more suitable.Does it have to be within a certain time scale? How do I go about proposing the TO? Do I just email them or should it be by letter? Regards babymoll

Hi Andy,thanks for responding Claim is almost 7,000. babymoll

Andy, Just wondering on your opinion of this letter in response to my amended defence. Again no mention of the default notice!!!! Regards Babymoll

Hi Andy, I have today received a Without Prejudice save as to costs letter from Caboots Solicitors! We continue to act for the CLaimant and write in response to your amended defence. Our response would be as follows 1.The personal details which you have supplied on the agreement are clearly legible and it is clear that you signed the agreement dated ........2003. As the signature on the agreement matches that on your amended defence. 2.We would also state that the Terms and Conditions which govern the agreement and which were also provided are perfectly legible.As the Terms and Conditions also contain the names of the parties to the agreement they satisfy our obligation to provide you with a legible copy of the agreement. 3.You owe our client the money outstanding on this account because,as we have already outlined in our Particulars of Claim,our client purchased your debt by way of legal assignment from OC. By virtue of the legal assignment of your debt,our client has been assigned all legal rights in connection to your debt,including the right to issue a claim for the balance outstanding. 4.As part of our PArticulars of Claim,we provided you with: a) a copy of the notice of assignment of your debt which was sent to you b)a copy of the Account Sale Agreement made between our client and OC. c)a copy of the raw data relating to your account which indicates that your account was one of the OC's accounts assigned under this agreement. 5.With regard to your allegation that section 82A of the Consumer Credit Act 1974 and section 136 of the Law of Property Act 1925 were breached,we would refer you to the fact that a notice of assignment of your debt was sent to you on or around .........2011 and evidence of this was provided. From the evidence which we have supplied to you,and which we have reiterated in this letter,it is clear that you entered into a consumer credit agreement with OC and that this debt was then legally assigned to our client,leaving our client legally entitled to issue a claim against you oft the money owed. It is equally clear that you have defaulted on your repayment of the money owed to our client and that there is a considerable amount outstanding on the account. Our client has incurred considerable expense in proceeding with this matter thus far and will only continue to incur further costs as this matter becomes more and more protracted. No doubt you have also been put to considerable expense in defending this matter to this stage. As stated above,it is clear that a debt is owed to our client and therefore,to avoid further costs being incurred to both parties,our client is prepared to accept a payment of £2,000 in full and final settlement of this claim. This offer will be available to you for 14 days from the date of this letter,after which time the offer will lapse. Please contact us within the next 14 days to inform us whether or not you are agreeable to this offer". What do you make of this? Regards babymoll

That's great,I understand now. Thanks again babymoll

Andy,thankyou for having a read over and again thankyou for all your advice. Re the NOA-I meant that I never received it at the time of Assignment. They provided it in response to my CPR 31.14 and also attached it to their new POC'S so should I not refer to it in my amended defence? Also should I include 3c? Regards babmoll

Sorry just to refer back to the NOA. They have only just provided this. I have no such document with all my paperwork and do not recall receiving it apart from a Caboot welcome letter. So unsure if this should be mentioned in defence? regards Babymoll

Hi CitizenB, Thankyou for your advice. Missing statements are from the beginning and photocopies received don't have any interest rates showing. On most I am paying 4 different figures of interest as well as late fees. Then when I was unable to pay,it jumped to 5 different figures of interest. Crazy. Have not been asked to submit docs,just to file and serve amended defence. Claimant was ordered to to submit docs,I'm guessing as their original POC was so vague. They basically submitted all the same docs that they sent in response to my CPR 31.14 request that took them months to retrieve. No DN was included. Yes,I will amend point 4 to your suggestion . regards babymoll

Ok-here we are again Andy. Reminder of their new detailed POC'S- 1.On .../.../2003,the Defendant opened a credit card with....OC,acct no....,claimant no....("the account"). OC has provided a copy of the Consumer Credit Agreement relating to the account and signed by the defendant which is exhibited herewith at "A".Copies of the original and latest Terms and Conditions provided by OC as relating to the account are exhibited herewith at "B". 2.OC has provided copies of statements in relation to the defendants account covering the period from ..../2007 and /2011.They are exhibited herewith at "C" and the outstanding balance set out in the latter statement is in the sum of £...... 3.The claimant purchased the debt from ...OC ... on the ../2011. by way of legal assignment under section 136 of the Law of Property Act 1925.Exhibited at "D" is a representation of the notice of Assignment sent to the defendant's last known place of abode or business,being........... .................... by standard post on the /../2011 or shortly thereafter. Claimant is licensed by OC to send such Notices of Assignment in relation to all such debts assigned to the Claimant and the text within the Notice is stored electronically by Claimant and reproduced for evidential purposes.The creation of the Notice of Assignment is recorded at line "12" of the Claimant Case History referred to in paragraph 6 below. 4.Exhibited herewith at "E" is a representation of the Claimant's 'letter before action' which also give notice of the assignment.The Claimant's representatives sent the Letter Before Action to the Defendant on the 7th December 2012 to which no response was forthcoming from the Defendant. 5.A redacted copy of the Account Sale Agreement made between the Claimant and the OC dated ../../2011 is exhibited herewith at "F". The copy is redacted because it contains sensitive commercial information not relevant to the proceedings.An extract of the compact disc database of all accounts that were subject of the Assignment as provided by the Assignor,is exhibited herewith at "G".A compact disc is used to itemise each account which is subject to the assignment because portfolios of debt subject to such Agreements will generally include multitudinous accounts.This is referred to as the "Raw Data" and confirms,among other things,the date the account was opened ,the account number,the last payment date and amount,the Defendant's name and address and the outstanding account balance of £........ 6.There is exhibited at "H" a copy of the OC case history in relation to the Defendant's account. It logs correspondence written or otherwise between OC and the Defendant from the date the debt was purchased by the Claimant until instructions to litigate were prepared. 7.The last payment made to the Account was on ../../2009 in the sum of and a copy of Claimant's statement of Account covering the period from the date of purchase of the debt to the date of issue is exhibited herewith at"I". The Claimant claims the balance outstanding in relation to this account of £....... as pleaded above together with interest under Section 69 of the County Courts Act 1984 from the date of issue to the date of payment or judgment,whichever is sooner at the rate of 8% per annum, £1.** per day together with costs. Amended Defence-1st draft 1. Paragraph 1 is noted with no admittance. It is accepted that there is a disputed debt extending from 2009 with the original Creditor ..... who remain in default of a section 78 request by way of providing an illegible copy of an application form. The application form is difficult to read and illegible and as such would make the agreement unenforceable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). 2.It is denied that a valid Default Notice was ever served in accordance with the CCA1974.That being a fact that ....... continued to add interest and unfair penalty charges with the full knowledge of the dispute and their failure to comply with my section 78 request. 3. Paragraph 1 is 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 with the Claimant and provide a legible copy; 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. The claimant has failed to indicate what breach has actually occured. 6 Notwithstanding the above, I will asseverate that under sec 78 Consumer Credit Act 1974 and also sec 62 & 63 Consumer Credit Act 1974 as adequate copies of the agreement were not provided, that the agreement provided is illegible and therefore by virtue of the act unenforceable 7.And also unenforceable by virtue of sec 87 Consumer Credit Act 1974 as the Default notice (which has not been provided by the Claimant nor even mentioned in their detailed Particulars) failed to allow sufficient time to remedy the breach. Failure to serve a valid Default Notice precludes the claimant from enforcing the agreement pursuant to s.87(1) of the CCA 1974. 8.And also failure to provide an annual Notice of Arrears ...pre and post assignment which also prevents the claimant from enforcement CCA2006 amendments. 9.Failure also to provide Default Sum Notice ( section 12 of the CCA 2006 and section 86E of the CCA 1974). 10..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. Andy,I have attempted to remove what I'm thinking are the irrelevant points- e.g No 5. on my original defence as they provided a NOA. Could do with your expert assistance though. Anything else that should be included? Should I remove 3c and 4? They didn't send all statements for the account(approx 3- 4 yrs worth were missing)-is this relevant or not? Also should I send copy of original DN to the court/claimant? regards babymoll

Here are first POC'S and first defence 1.Claimant purchased a debt from the following(current balance is also shown) halifax £6,xxx 2.These debts are regulated by the Consumer credit Act 1974(the Act) Default notice(s) were issued in accordance with section 87(1) of the Act but defendant has Failed to pay the sum(s) due. 3.The claimant therefore claims the sum of 6,xxx plus costs. Claimant also claims statutory interest pursuant to s.69 of the county court Act 1984 from date of issue to date of judgement,or sooner payment. 1. Paragraph 1 is noted with no admittance.The Claimant has failed to even refer to an account number. It is accepted that there is a disputed debt extending from 2009 with the original Creditor Halifax who remain in default of a section 78 request by way of providing an illegible copy of an application form. 2. Paragraph 1 is accepted that the debt is regulated by the CCA1974 but it is denied that a valid Default Notice was ever served in accordance with the CCA1974.That being a fact Halifax continued to add interest and unfair penalty charges with the full knowledge of the dispute and their failure to comply with my section 78 request. 3. Paragraph 1 is 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 with the Claimant and provide a legible copy; 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, 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. 6 Notwithstanding the above it I will asseverate that under sec 78 Consumer Credit Act 1974 and also sec 62 & 63 Consumer Credit Act 1974 as adequate copies of the agreement were not provided, that the agreement provided is illegible and therefore by virtue of the act unenforceable 7.And also unenforceable by virtue of sec 87 Consumer Credit Act 1974 as the Default notice failed to allow sufficient time to remedy the breach. 8.And also failure to provide an annual Notice of Arrears ...pre and post assignment which also prevents the claimant from enforcement CCA2006 amendments. 9..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,do you think this defence need much amending as the DN and arrears notice are covered or should they be expanded on? And would I also need to mention that there is no mention of the actual breach itself as you state above? regards babymoll

Thanks for responding Andy. First defence was deemed too late because Claimants representatives went for judgment prematurely. I then applied for Set aside and Claimant responded with a Consent order that judgment be set aside and that both parties were to file DQ's. Local court granted set aside and then requested DQ's from both parties and for me to file defence. I did this. After a few weeks my local court then requested the Claimant to provided detailed POC's And Defendant to file amended defence. Regards, babymoll

Hi Andy, Could you please have a look at claimant's new POC's? I'd be extremely grateful for your opinion and advice on drafting my Amended Defence which has to be submitted early next week. regards babymoll

Hi CitizenB, Thanks for looking in. Yes,I was thinking the same and no mention of the DN,despite mentioning it in the original POC's. I have a week to submit an Amended defence. regards babymoll

These are the Claimant's new POC's drafted by their representatives. 1.On .../.../2003,the Defendant opened a credit card with....OC,acct no....,claimant no....("the account"). OC has provided a copy of the Consumer Credit Agreement relating to the account and signed by the defendant which is exhibited herewith at "A".Copies of the original and latest Terms and Conditions provided by OC as relating to the account are exhibited herewith at "B". 2.OC has provided copies of statements in relation to the defendants account covering the period from ..../2007 and /2011.They are exhibited herewith at "C" and the outstanding balance set out in the latter statement is in the sum of £...... 3.The claimant purchased the debt from ...OC ... on the ../2011. by way of legal assignment under section 136 of the Law of Property Act 1925.Exhibited at "D" is a representation of the notice of Assignment sent to the defendant's last known place of abode or business,being............................... by standard post on the /../2011 or shortly thereafter. Claimant is licensed by OC to send such Notices of Assignment in relation to all such debts assigned to the Claimant and the text within the Notice is stored electronically by Claimant and reproduced for evidential purposes.The creation of the Notice of Assignment is recorded at line "12" of the Claimant Case History referred to in paragraph 6 below. 4.Exhibited herewith at "E" is a representation of the Claimant's 'Letter Before Action' which also give notice of the assignment.The Claimant's representatives sent the Letter Before Action to the Defendant on the 7th December 2012 to which no response was forthcoming from the Defendant. 5.A redacted copy of the Account Sale Agreement made between the Claimant and the OC dated ../../2011 is exhibited herewith at "F". The copy is redacted because it contains sensitive commercial information not relevant to the proceedings.An extract of the compact disc database of all accounts that were subject of the Assignment as provided by the Assignor,is exhibited herewith at "G".A compact disc is used to itemise each account which is subject to the assignment because portfolios of debt subject to such Agreements will generally include multitudinous accounts.This is referred to as the "Raw Data" and confirms,among other things,the date the account was opened ,the account number,the last payment date and amount,the Defendant's name and address and the outstanding account balance of £........ 6.There is exhibited at "H" a copy of the OC case history in relation to the Defendant's account. It logs correspondence written or otherwise between OC and the Defendant from the date the debt was purchased by the Claimant until instructions to litigate were prepared. 7.The last payment made to the Account was on ../../2009 in the sum of and a copy of Claimant's statement of Account covering the period from the date of purchase of the debt to the date of issue is exhibited herewith at"I". The Claimant claims the balance outstanding in relation to this account of £....... as pleaded above together with interest under Section 69 of the County Courts Act 1984 from the date of issue to the date of payment or judgment,whichever is sooner at the rate of 8% per annum, £1.** per day together with costs. regards babymoll

Hi CitizenB, Thankyou so much for having a look at my thread. I really appreciate it. Re: the illegible cca,that was the only page they sent but they sent a set of separate photocopied terms and conditions. The default notice and date defaulted was within 6 months. The 2.2 clause is We will send you a monthly statement(including making the information available to you on a secure webpage if you receive statements in this way),unless there have been no payments into or out of the account during that period and the balance is nil. Each month, you must repay at least 2.25% of the amount you owe us, or £5, whichever is more. If the amount you owe is less than £5 you must pay the full amount. Your statement will show a date by which you must make this months payment. Will post up revamped POC's later. best regards babymoll

Just realised that date the OC defaulted me can of course be different to the dates on the DN. Is it usual for it to be some months after the DN?

Hi all, Well,I have heard from the court and they have ordered- 1 The claimant file and serve detailed POC's which must exhibit copies of docs referred to by.......09/13. I now have these. 2.Defendant file and serve amended defence by .....09/13. I have a limited time to file this. So claimant has completed a 2 page POC with no mention of a DN despite the mention of a DN in their original POC!! There are exhibits attached of Illegible cca,copies of statements,Notice of Assignment,Letter Before Action,copy of Account Sale Agreement,Claimant case history relating to account and Statement of Account. There is an excel style one line entry on a doc that refers to date defaulted which states a conflicting date to what I have on my DN!! The other cells on the line are filled with figures eg load balance,load date,account open date,write off balance,write off date,last payment amount and last payment date. I would really appreciate any advice on how to amend my defence as I have only until mid Sept. regards, babymoll

I really really hope so. I emailed claimant a copy this evening and they acknowledged and thanked me. So hopefully court will take the view that DQ's were in on time and that there may have been a delay with defence due to short notice for refiling. Will keep an eagle eye on any further post and update you. best regards babymoll

Hi Andy, Your Urgent advice needed! I have been away over the last five days and arrived back home today as I knew I had the DQ's to file and deadline was for filing today. I dropped off my DQ's by hand to the court en route home. Whilst away,I had asked a family member to open and read out to me over the phone any letters relating to court correspondence. On Saturday last, a letter had arrived and my sister read it out over the phone to me. It was the set aside granted and comprised of 4 pages. I listened to details of each page over the phone and when it came to reading out final page, which was the consent order which I had signed, I assumed it was just copy of the original I had signed so said 'don't worry I know that page and don't bother reading out'. To my complete dismay today, upon seeing sight of the four pages, I noticed that on the last page, which I had dismissed as being just a copy of the original, the Judge had added in his own handwriting the following "defendant to file and service defence by 4pm 30/7. Yes! I saw this at 2.30pm on 30/7. I immediately tried calling the court but no one answered. I then had to locate my laptop which was elsewhere which had my defence on it and print it and get it back to the court as requested. I also had an urgent medical doctors appointment at 3.40pm. (Yes! it was that kind of day!). So, I managed to get to Drs then print out defence and got to the court for 4.30pm due to traffic and running late at Docs. Upon arrival, I posted in the internal court postbox, however it says on that post box that documents received after 4pm will be date stamped as next day. I am now panicking that my defence will be void and that judge may dismiss my defence due to not being filed by 4pm or claimant goes for judgement based on my being half an hour late! The postmark on the envelope from court is dated the 23rd of July and it was not received by my sister until the 26th if this holds any relevance also offering me four days to refile defence. regards babymoll

OK. Will drop completed form to court tomorrow and email claimants solicitors a copy. Will keep you posted. Thanks again Andy for everything! babymoll

Thank you Andy. Yes I have the original N1. Is this relevant now? babymoll

Another question as I have to submit AQ'S tomorrow is it advisable to tick yes to mediation? Claimant solicitors have ticked yes even though I can't see a DCA being reasonable to deal with ? Unsure babymoll

Thank you Andy. Will download and drop in to my local court tomorrow as they sent their AQ's to my local court where set aside hearing was due to be heard. No there was no mention of re submitting defence or timetable of what is now expected just a copy of consent order,that consent order was approved and that set aside was to be removed from register of judgments. Do I send a copy of DQ's to claimant or will the court? Do I also have to pay a fee for the DQ's? babymoll

Andy, Just a reminder that Northampton court returned my defence so it was not accepted by the court as claimant had wrongly gone for judgement a day prior to defence deadline. Just confused as to whether I should get AQ's into my local court tomorrow or does claimant have to reissue the whole claim? Could they go for judgment again as I signed their consent order which stated that DQ'S to be filed by both parties by 30th July 2013? The consent order states: 1.The judgment dated 10th May be set aside. 2.Both parties file Directions Questionnaires by 30th July 2013. 3.There be no order as to costs including that any outstanding orders for costs in favour of either party shall not be enforced. I'm really worried about this now. babymoll