Thanks for your reply Andy and Cb, I would be interested in going for strike out but not sure how to go about it, Just looked at some threads which says i will need to apply with n244 form, thats all i know.. will appreciate any help on this please guys, I have a question aswell, If I apply for strike out, could the court say "well atleast you got the agreement and the statements, that should be sufficient to prove you owe the whole amount" or will the court recognise the need for all the documents asked in the CPR?

Hi dx thanks for your help. I will SAR lloyds. is there a template somewhere? and the lloydstsb address to send the SAR also within how many days do they have to reply by? thanks

Hi dx100 thanks for your reply I am not sure how to communicate with them at this stage as they have not given all the information i have requested via cpr but i wouldnt mind coming to an arrangement if they agree to an amount which I can pay off and close this account for good. I dont think I had PPI on this account but there maybe some penalty charges as the original loan was for 25000 I have never sent an SAR to the OC thanks

Thank you very much citizenb I will wait and see if someone has abit more knowledge on this thanks for your help

Thanks for your reply citizenB, I could possibly negotiate but that depends on how much it will be. what if they cannot get hold of the other information? they only sent the agreement and copy of statements on computer screenshots will the time limit on the cpr31.14 not be taken into account by the court? and If i do negotiate will that prove I owe the whole amount? thanks

Hi, I have just received a letter from DLC stating as follows:- Without prejudice save as to costs Dear xxxxxx We write further to your request for information made pursuant to CPR 31.14 and your sebsequent defence. please find enclosed a copy of the agreement to which this matter relates together with a statement depicting the balance due. Due to archiving by the original lender, retrieving the remaining requisite documentation is taking considerable time and we apologise for the delay. It will be forwarded to you as soon as it becomes available. With a view to bringing the matter to a swift conclusion, we are prepared to offer a substantial discount to close our file. Should you wish to discuss this further, please do not hesitate to contact our offices. yours. I will give some details about this claim. sent CPR31.14 on 19/03/12 requesting:- 1 The agreement 2 The assignment 3 The default notice 4 The termination notice 5 Statements, to substantiate that the amount is correct. Submitted embarrassed defence on 05/04/12 after not receiving request for CPR31.14 Claim was stayed in may 2012 and now i receive this letter Please could someone help me in this matter thanks

Hi guys thanks for all your reply's, I managed to phone northampton who advised me the claim is stayed, and I can leave it until they lift the stay or I can apply to court for strike out, any ideas what I should do? Thanks

Hi battle, no news yet nothing from the DCA or from Northampton I guess it must be stayed by now untill they come up with some documents, Im not sure what the time limit is on that. also I didnt get the time to phone the courts as I was away but Ill call them this week, Im not sure what else I can do

Hi CitizenB thanks for your reply, my original defence due date was 09/04/12, so i will phone northampton around the 8th of may. thanks again

Hi Guys hope all is well, I thank you all for your helpespecially CitizenB for advising me. Ijust wanted to keep you updated on this. 1. on 07/03/12 received claim 2. on 19/03/12 acknowledged claim 3. on 19/03/12 sent CPR 31.14 to Hillesden (claimant) inerror 4. on 26/03/12 sent CPR 31.14 to Solicitors (aplins) 5. on 27/03/12 received CPR reply from DLC acknowledging receipt and awaiting copy documentation from OC and the account willremain on hold, But no extension of time mentioned. 6. on 30/03/12 sent letter tosolicitor stating in respect of CPR 31.14 request was sent to claimant inerror, and requesting extension of time again. 7. on 05/04/12 submittedembarrassed defence. 8. on 07/04/12 received letter fromDLC stating they have received copy of my letter dated 30/03/12, and consent tothe request for extension of time for 28 days. 9. on 11/04/12 sent letter to solicitors, in reply to theextension letter dated 07/04/12 advising defence has already been submitted andreminding again to reply to my CPR 31.14 request and provide me with thedocuments. 10. on 12/04/12 received letterfrom Northampton CC dated 05/04/12, acknowledging receipt, and stating that acopy has been served on the claimant, the claimant may contact you direct toattempt to resolve any disputes. If thedispute cannot be resolved informally, the claimant will inform the court thathe wishes to proceed. The court willthen inform you of what will happen. Where he wishes to proceed, theclaimant must contact the court within 28 days after receiving a copy of yourdefence. After that period has elapsed,the claim will be stayed. The onlyaction the claimant can then take will be to apply to a judge for an orderlifting the stay. What I would like to know is how doI find out on what date the 28 days is over, and do I need to do anything elseas I have not received any of the documents yet, or should I just wait for the courts letter? Thanks

thank you very much CB. i will send it off today, and about the statements this is what i wrote. Statements, to substantiate that the amount is correct. Aahh.. just realised on my last letter to the solicitor I signed it with my normal signature no grids, not sure how much of a problem that will cause..

hi CB sorry for the late reply, just got in. these are the docs I requested 1 The agreement 2 The assignment 3 The default notice 4 The termination notice 5 Statements thanks

Hi CB thank you very much for replying, and yes CB you certainly are an expert in understanding DCA's motives. which is very helpful for newbies like us. Im not very good at writing letters but ill try and send something along the lines you stated. thank you once again CB.

Hi CB thanks for your reply, the letter was dated on 5th april and post date is the same, they knew i had to file by Monday the 9th which is a bank holiday so i had to file on thursday 5th. thanks

Hello hope everyones enjoying the holidays, I filed my defence on thursday 5th april but received a letter from DLC on saturday 7th april saying "we acknowledge and consent to your request for an extension of time of 28 days to file your fully particularised defence" Do I need to notify the court? or do I just stick to the embarrassed defence i have submitted? any ideas guys will be much appreciated thanks

Hi CitizenB thank you very much for your help, I will do it online first thing tomorrow.

Hi CitizenB, thanks for replying, N9 is the defence and counterclaim form.. yes I can file online, do i just scan and attach the defence letter?

Hi, guys do I need to fill in N9 and send it with the embarrassed defence letter?

Hi CitizenB, Thank you very much for helping me out, I will email this to northampton straight away. in the mean time do I still carry on requesting the docs?

Hi CitizenB thanks for your reply, Im not sure if its statute barred or not it could be I dont remember if the last payment I made was in 2006 or 2007

Hi M1, I rang Aplins, they said the person who's dealing isnt available, however they have received the request and will reply in due course, what do I do now?

Hi M1 ive already written to them for an extension under cpr15.5 but no reply yet

Hi M1 thanks for your reply, how do I get them to replead? I have till tomorrow to email in the defence. I looked at some embarrassed defences heres what im thinking of sending please let me know if its relevant and if I can change anything Defence I xxxxxxxxx of xxxxxxx, London, am thedefendant in this action and make the following statement as my defence to theclaim made by Hillesden Securites Ltd. 1. The Defendant is embarrassed in pleading to theParticulars of Claim as it stands at present, inter alia: - 2. The claim made by the claimant, Hillesden Securites Ltd is very vague andfails to particularise an adequate cause of action. Except whereotherwise mentioned in this defence, I neither admit nor deny any allegationmade in the claimants Particulars of Claim and put the claimant to strict proofthereof. 3. I am unable to properly plead this case as to pleading to the particulars ofclaim as they fail to comply with the Civil Procedure rules The claimant was sent a request pursuant to CPR 31.14 for documentation insupport of the claim. The claimant has failed to produce all the requireddocumentation. See exhibit (a) and response from the alleged creditor exhibit (b) 4. The claimant has failed to reply to a request made by defendant under CPR15.5 for the extension of time. 5. The claimant has failed to also attach a copy of a compliant defaultnotice which they claim has been served under s87 (1) Consumer credit act 1974 the claimant has failed to produce the original default notice from theoriginal creditor, LloydsTSB Bank Plc. 6. The claimant has also failed to enclose the terms and conditions that were valid when this accountwas opened. 7. The defendant would like to inform the court that the alleged agreement isnow STATUTE BARRED. By virtue of SECTION 5 OF THE LIMITATIONS ACT 1980 , THAT ANY ACTION FOUNDED ON SIMPLECONTRACT SHALL NOT BE BROUGHT AFTER THE EXPIRATION OF SIX YEARS FROM THE DATEON WHICH THE CAUSE OF ACTION ACCURED. DEFAULT NOTICE 8. Notwithstanding the matters pleaded above, the claimant must under section87(1) Consumer Credit Act 1974 serve a default notice before they can demandpayment under a regulated credit agreement 9. It is neither admitted nor denied that any Default Notice in the prescribedformat was ever received and the Defendant puts the Claimant to strict proofthat said document in the prescribed format was delivered to the defendant 10. Notwithstanding point 8, I put the claimant to strict proof that any defaultnotice sent to me was valid. I note that to be valid, a default notice needs tobe accurate in terms of both the scope and nature of breach and include anaccurate figure required to remedy any such breach. The prescribed format forsuch document is laid down in Consumer Credit (Enforcement, Default andTermination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit(Enforcement, Default and Termination 11. The claimant has failed to supply as to the defendants request under CPR31.14, a copy of the original default notice from the original creditor,LloydsTSB Bank Plc. . 12. Failure of a default notice to be accurate not only invalidates the defaultnotice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR2255) but is a unlawful rescission of contract which would not only prevent thecourt enforcing any alleged debt, but give me a counter claim for damagesKpohraror v Woolwich Building Society [1996] 4 All ER 119 AGREEMENT 13. The claimant has failed to enclose the alleged agreement fromLloydsTSB Bank Plc to have the authority to bring this claim CONCLUSION 14. As the claimants have previously denied the defendant the opportunity to seethe original documents, see exhibit (a) and exhibit (b). The defendantconsiders that ample time has already been given for these to be produced.Therefore it is deemed unnecessary for the court to use the CPR procedures toenforce the claimant to produce the following ORIGINAL DOCUMENTATION (A) A COPY OF THE termsand conditions THAT WERE VALID AT THE TIME OFSIGNING THE AGREEMENT. (B) A COPY OF THE CONSUMER CREDIT AGREEMENT FROM LLOYDSTSB BANK PLC. © A FULL FINANCIAL Breakdown ONHOW THE ALLEGED DEBT HAS BEEN ASSERTAINED BY .FULL STATEMENTS OF ACCOUNTS FROMTHE ORIGINAL CREDITOR, LLOYDSTSB BANK PLC... (D) A COPY OF THE ORIGINAL DEFAULT NOTICE ISSUED BY LLOYDSTSB BANK PLC. "The defendant wishes to allow the claimant additional time to produce thedocuments mentioned and would respectfully ask the court to allowa further 40 days for this. Should the documents not be produced then thedefendant asks the court to exercise its powers to strike out the claimants claim. No leave to appeal should be allowed for the claimant as they have had morethan sufficient time to provide the original copies and in fact under CPR rulesshould have had them BEFORE they set the claim in process." 15. I further ask the court consider striking out the claimants’ case as itfails to comply with part 16 and practice direction 16 insofar that nodocuments have been supplied and fails to show any consideration to theoverriding objective to allow the court to deal with this case justly 16. The defendant will be asking for permission from the court to amend thisdefence if needed when and if the claimant releases the required information.

HI mystery1, thanks for your reply, here are the POC The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx, privided by Lloyds Tsb Bank Plc at the Defendant's request on xx/11/2003. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On xx/06/2011, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of xxxxx was due. The balance of xxxxx remains owing from the defendant.

Can anyone please help me write an embarrassed defence? I have to email it by tomorrow because of the holidays. I would really appreciate it thanks