Hi Just to let you know that I have had a notice of discontinuance on this case. Thanks for all your help on this. I will make a donation in thanks. I have also been contacted by Ascent Legal and they asked for a payment plan. The lady was very nice on the phone. I told them I didn't think paying was worth it and asked what would happen if not. They said nothing. I was also contacted by Hoist finance for a debt from 2010 (credit card) and I said that was 13 years ago (at this stage they were giving me a 90% discount) and that it was too long ago. They actually asked me 'Does this mean you believe it is stat barred?' and I replied 'yes'. They said, ok, we agree, we'll shut this down. Thanks again for all your help.

Should I inform them? Do you think it likely they’ll go ahead anyway? if I do leave an asset what is the likely outcome?

I'm sorry but I have not had a chance to do this. I will do shortly. In the meantime, what would be the effect if I was to emigrate abroad?

I’ve had another letter through re-iterating their offer to avoid litigation. Deadline of 2 weeks to decide.

I believe that for the repo what was owed to platform, what the property was sold for and the shortfall yes. That’s everything I have now. So yes they started the repo, got a shortfall as a result, still seeking the money.

Kenny's... never understood why.

No court date. Has been transferred to my local court. They've sent their response. Not sure where to go from here. They have the original loan agreement. The default notice, is very poor, I suspect re-typed. They have a breakdown of payments made. Can you see a chink in this or am I paying out?

I have now had a letter from the solicitor which contains copies of the following: - Signed loan agreement - default notice (This has no logo and is unsigned. It looks like it could have been typed up ay any time. This is not a copy, definitely a print out) - house completion details outlining shortfall on repossession - Statement of account - letters of assignment to Azzurro It is not looking very favourable. They continue to offer some kind of discount. CRP sols docs return.pdf

Thank you both for that prompt reassurance. I'll stick it out.

UPDATE. The case has been transferred to my local county court and I am awaiting a date. I have been contacted by the solicitors with an offer of settlement of 40% reduction but with their costs added on. So that's effectively a 20% reduction. I suspect this is to demonstrate to the court that they are attempting a settlement in good faith, but of course I have still not received any evidence from them that they are entitled to this claim. I am very fatigued with this and don't know what to do.

Can you tell me what the plan is here? Am I hoping they don't have the original agreement, default notices etc? Thank you. Please see n181 for submission. n181cagcopy.pdf

Thanks. Will do today and present here. What is the plan here? They give up as have no evidence? I still haven’t received anything from them as regards default notice etc.

I have read the thread - looks like next step is n181. Claimant sols? What do you mean here?

Ok thanks. Looks like I have to fill in n181 and send to court's email? Before I send I will post here for checking?

Hi, thanks for asking. Yes DQ has been sent to me (although I've not received). The solicitors have written to me with a copy of what they have received which says 1. this is now a defended claim. 2. case suitable for fast track. 3. you must be 3 oct 22 a. complete DQ (N181) and file at court office b. attempt to agree directions with other parties c. file proposed directions Directions they've sent are: 1. transfer to my local court 2. matter be fast tracked 3. claim stayed to consider settlement 4. parties at liberty to agree extensions 5. disclosure of documents rules 6 evidence rules 7. no experts 8. trial window and timings 9 claimant file documents timetable 10. if settled inform court immediately Any advice greatly appreciated at this stage. More sleepless nights beckon.

I didn’t get a letter from the court following submitting the defence. It just says defence received on the site. ok I’ll email them what you’ve told me. Thanks again for your help. I did spend some considerable time researching but I did struggle to find similar cases.

There is no change just defence submitted.

Thanks. I decided to just ignore the email but this hasn’t stopped them emailing me. I guess I still have that option. they have written (finally) that they will accept a 30% discount and this can be paid as a lump sum or instalments. I’ve been given a 2 week deadline. I’ve not heard anything about my requests from either Azzurro or Restons. The email itself has a pdf of the letter - the address on it is out of date by nearly four years. This is confusing as the court papers came to my current address.

Had an email from solicitor asking to verify my email address. Should I do this? Thanks

Ok. I hadn't heard from you so I submitted at 10pm on Friday so hopefully that will be ok. My first payment to KMC was Sep 16 and until Sep 20 I paid back a total of £2600. (eek.) As house repo'd July 2012 I suspect that is less than 6 years - I think I tried to make payments leading up to less than a year before repossession. This repayment should have reduced the original loan amount by about 25%, but judging from their claim this is not the case. If they can't provide the documents - does this mean they will not bother to continue to go to court? This is starting to affect me now - I'm having nightmares about court etc.

Clock started on 14 June, isn’t today the final day I can make the defence? yes I woke up this morning thinking I’d forgot to mention this. Thank you. I’ll have to check on that, will get back to you shortly.

I thought it was equivalent. Ok I'll double check over this. Thanks. How is this please? Defence: The Defendant contends that the particulars of the 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. 1. It is admitted with regards to the Defendant once having a loan agreement with Kensington Mortgage Company Limited. It is denied that I am indebted for the alleged balance claimed. 2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request. 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as 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 82 A of the consumer crediticon Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Any help guys?

Here is my defence. Could I have some guidance on it please? The Defendant contends that the particulars of the 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. 1. It is admitted with regards to the Defendant once having a loan agreement with Kensington Mortgage Company Limited. It is denied that I am indebted for the alleged balance claimed. 2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 4. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 20th June 2022 namely the Agreement, Notice of assignment, The default notice, The termination notice and statement of account. The Claimant has not responded to my letter. 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, I'll get reading.

How do I mount a defence and what would it be? Thanks.