I am of the opinion they are trying to put me off but I now have to complete the AQ. I expect then I will get a hearing date so I am needing to prepare to challenge them about the two court cases they are referring to and also their idea that they need not produce a default notice.

I have been issued with a Court Claim by a creditor whom I would rather not identify at the moment as they have already accused me of just compiling my defence by taking info from the CAG site. I had a personal loan from a loan company (unsecured) which should have been paid off in 2006. It was sold to another company and I have made regular payments to them, no misses, every month, albeit only around £7.00 per month. Earlier this year, out of the blue they wrote to me demanding payments of at least £25 per month otherwise they would take court action and place a charging order on my house. There is no way I can pay anymore. I received a court summons last month. The Particulars of Claim (POC) refer to them claiming the debt and interest (contractual) at 16% plus 8% under s69 of the County Court Act up to and after judgement. This amounts to more per day than I can afford to pay per month. I did a CCA request a couple of years ago and was sent a photocopy of the front of the credit agreement which referred to the T & C's on the reverse but the alledged T & C's on the reverse were on a separate photocopy sheet. I also received a copy of the deed of assignment and a statement of account. Having received the court claim I sent a CRP 31 request for a copy of the agreement, and a copy of the default notice referred to in the POC. I received a letter from the Creditor saying that hey had previously sent the credit agreement and that a default notice was not required as the debt should have been paid up in 2006. I put in my defence that the creditor had failed to comply with the CPR request, also that the creditor was required to produce the original agreement in court in order to prove that the T & C's referred to overleaf were the ones I had a photocopy of. I also put in my defence that interest at 8% could not be charged on a credit agreement regulated by the CCA. I also put in my defence that interest could not be charged at 16% unless it was stated on the original agreement which would have to be produced. I also have a letter from the creditor saying that they would freeze interest on the account if I maintained the agreed reduced payments, which I have. In reply to the defence the creditor has said that there is no longer any need to produce an original agreement in court quoting the judgement in(Carey vs HSBC PLC). There is no need to produce a default notice in court as this is set out in the CCA (Enforcement, Default and Termination Notices) 1983, and that interest can be charged referring to the judgement in (OFT vs First National Bank). I now have received also an allocation questionnaire. I have looked at the cases referred to above and fail to see how any of these prove that the creditor does not have to produce documents or is allowed to charge interest after judgement. The creditor says because I am paying the debt then I admit it and have no defence, also that by bringing such a defence I am wasting the courts and the claimants time and will incur further court costs because of them having to answer the defence. I could really use some help in completing the AQ and also advice about the cases referred to.