Thanks for reply dx. I have looked at some threads to make a defence and I think this maybe ok for me, could you give me an opinion as a defence to the claim, wether i need to add or delete anything. Regards Defence 1.The Defendant contends that the particulars of claim are vague and generic innature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific responsehas not been made. 2. Paragraph 1 is noted. I have no knowledge of any agreement between myselfand Citi financial regarding the credit card 3.Paragraph 2 is denied. I have never held an agreement with Citi financial toenable any breach let alone withhold any payments. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice ofAssignment. 5. It is therefore denied with regards to the Defendant owing any monies to theClaimant, the Claimant has failed to provide any evidence ofassignment/balance/breach requested by CPR 31. 14, therefore the Claimant isput to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; 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 equityto issue a claim; 6.As per Rule 16.5(4), it is expected that the Claimant prove the allegationthat the money is owed. 7. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the Act 1974. 8 .By reasons of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief.

Thank you for your reply the old rouge, I have put answers to the questions you have requested Date of issue – . 16/9/14 What is the claim for – the reason they have issued the claim? POC By an agreement between Citifinancial("CFE") and the defendant on or around **/**/2002 ("the agreement") CFE agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on **/**/2010 The claimant therefore claims 22k What is the value of the claim? £22k Is the claim for a current or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments:- 2009 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

Hi Everyone Received claim form from Northampton CC Claimant being Cabot and solicitors are Mortimer Clarke Date of issue – . 16/9/14 I have AOS the claim. I have sent a CCA request to Cabot and they have replied with a similar letter as others have stated on here ie; they do not have the information on file and anticipate it will take 40 days. i sent CPR 31.14 request to Mortimer Clarke and they sent a letter stating they are taking their clients instructions in relation to my request and that they also agree to the extension of 28 days for me to file defence. Here is the POC By an agreement between Citifinancial("CFE") and the defendant on or around **/**/**** date ("the agreement") CFE agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on **/**/2010 The claimant therefore claims ( a figure over £10k) Having read through a few threads similar should i use the same type of defence as i need to submit a defence in 4 days Thank you

Hi Everyone. Just wondering if anyone can advise me what to include in my defence for pending small claims hearing from the above defence for the set aside hearing or if there is anything i can add to my witness statement. Any help appreciated Regards connect4

Thank you for your reply, my defence needs to be submitted just over a weeks time. I dont think there is anything else i can add to defence, the dj was very thorough in his summing up. The one thing he did say about the agreement is on the first hearing it is in my Ws that i didnt deny or admit it he said that wouldnt count in the hearing (this last hearing for set aside) that i denied it this time i would think that denial would be kicked out as a part of defence for next time. Unless anyone has any other ideas i think its like i said before it will be down to the statement appearing in full or not!!!

Hi Andy, everyone Good news the DJ ruled in my favour for a set aside, not for the reasons i thought though. The dj ruled that the judgment was regular because i never filed a defence in the following 14 days from the original 14 days from receiving judgment when i sent an acknowledge of service, In otherwords you get 28 days to file a defence if you aos. And it will cost you the fees for otherside too. That bit over i now need to file a defence for the small claims court. it will be similar to the last one submitted. The reason set aside was granted was because the claimant could only provide a part copy of the statement all charges could not be assertained (whether i could claim any charges back and how much debt was made up of charges) I was going to submit same or similar defence regarding the section on charges, the dj said if they cannot come up with the complete statement i will win the case if they do come up with it they will win. Should i submit the same as before regrding the charges section of my previous defence? the rest of my previous defence i dont think will apply. Regards connect 4

Hi Andy The order came through today and it did say I needed to submit my WS couple of days before so I have missed the deadline. The hearing is dated next month so if I submit the WS now would it still be valid? Regards connect 4

Ok so i dont have to worry about getting reply to court today? DJ gave 14 days to put into court a reply and for next available date for hearing after then. I would imagine it will be some time before the next date for hearing with holidays etc, the last one was two months on from initial hearing. If it is not necessary to rush today I will wait for court date and then send copy to court and claimant solicitors Thank you once again for your time Andy Regards connect 4

I am not sure myself what the DJ meant. He said after I argued the case for set aside that I had 14 days after the initial 14 days to apply for the set aside and that my application was longer than that time(which i asume they argue is then regular and not irregular) and he asked the other side how much were there costs to date so I was aware of the possible amount of costs if I loose case. He also said it may be worth me negotiating a deal. Every time i go to court there seems to be a difference in what is said. I appreciate all you have done for me last night and I am still going to fight this all the way. I will be filing response later and wait for another date. I will also send a donation Thank you once again Connect 4

Hi Andy Thank you for your reply,the only problem might be the time scale from AOS to default judgment and my appp for set aside according to DJ Regards connect 4

Thank you . Hope you can as response needs to be in tomorrow (thurs) Regards connect 4

Thank you Andy. I have had a little trouble logging in, managed to sort it out now. Thank you for your reply and hopefully you can come up with a answer i can submit to court. Have to do it in a couple of days Regards connect 4

The claimant responds to the defendants defence as follows where appropriate:- the claimant will contend that the benefit of the debt only has been assigned to them. the claimant will contend that any claim for bank charges should be directed to the original creditor. there is no cause of action against our client for such charges and therefore the defendant is not entitled to set-off the same. Under s74B of the consumer creditor act 2006,the agreement between the original creditor and the defendant is exempt for disclosure purposes. in any event the defendant has admitted entering into the agreement. The claimant will contend that the Notice of assignment is also a demand for payment The claimant will contend that s98(1) does not apply to this matter by virtue of 98(6) of the consumer credit act. the defendant has breached his agreement with the original creditor By virtue of the consumer credit act the agreement between the original creditor and the defendant is a debtor-credit agreement (s13 cca 06). There is no provision for the claimant to provide the defendant with a Notice of sums in arrears The claimant will contend that CPR 31 does not apply to small claims matters. Whilst the claimant appreciates that early disclosure is helpful in these matters the claimant is under no duty to disclose such documents until directed by court. In any event at the time documents were requested judgment had already been entered against the defendant and therefore it was not necessary to disclose such documents. By virtue of the above the claimant contends the defendant fails to meet the tests as set out under CPR 12 and 13 and accordingly the defendants app should be dismissed Conclusion The judgment entered is regular and therefore should not be set aside The defendant fails to disclose any grounds to show that he has any prospects of succeesfully defending the mattter The claimant respectfully requests that the application be dismissed and the default judgment obtained is allowed to stand The climant also respectfully requests costs of and occasioned in the dealing of this matter be awarded to the claimant I believe the facts are true That is the end of the WS...Attached was a copy of a so called notice of assignment and Default notice along with a part statement from original creditor. I must say sorry for sending this in lots or replies but my computer keeps losing my work. Hope you can come up with some advice regards connect 4

Claimants response The claimant believes the claim form to have been deemed served under CPR 6.14 There is an irrevocable presumption of good service It is the claimants case that the judgmentis entirely regular and the applicant is put to strict proof of the contrary The claimant refers to CPR 12.3 which provides the following conditions to be satisfied when obtaining a judgment in default; The claimant may obtain judgment in default of an acknowledgment of service only if a. the applicant has not filed an acknowledment of service or adefence to the claim b. the relevant time for doing so has expired The claim form is deemed to have been served on the applicant under CPR 6.14 and the claimant asserts that judgment has been entered in accordance with CPR12.3 and is therefore regular The claimant refers to CPR 13.3 which provides the following conditions where a court may set aside judgment under part 12; 1, In any other case the court may set aside or vary a judgment entered under part 12 if- a, the applicant has a real prospect of successfullydefending the claim or b, it appears to the court that there is some other good reason why the judgment should be set aside or varied or the applicant should be allowed to defend the claim It is submitted that in respect of wether or not a party has a real prospect of success the criterion is not one of probability, it is absence of reality (see white river book) Equally the court should not conduct a mini trial The claimant will contend that the defence filed is a bare denial of the claimagainst him The defence is merely a request for further info Further the defendant has failed tp provide an adequate explanation as to why he did not file a defence in the appropriate time More to follow

Will have to type rest of WS out as follows from entry 98 Defendant's App The defendants defence can be summarised as follows; He does not deny entering into the agreement with the original creditor but was not aware of or bad been served with a Notice of assignment He alleges that the balance due relates to unfair charges/penalties levied on the account The claiment has provided no documentation in proof of the debt claimed Claimants response to follow

[ATTACH=CONFIG]52397[/ATTACH]

Witness statement of ?? Intro; I am a legal Exec in employ of......for the claimant, The matters to which i refer are within my own knowledge save where expressly stated to the contrary and are true to the best of my knowledge,information and belief. I am duly authorised by the claimant to make this statement on its behalf. I make this witness statementin preperation for the hearing and in response to the debtors app to set aside judgment entered against the defendant Within this statement i make reference to various docs. The applicant intends to defend the claim on the basis that he has not been provided with documentation or had notice of assignment The claim of the claimant is for £££ due against overdraft facility The applicant has not denied entering into the agreement Assignment of debt: the rights and benefits of the said account were duly assigned from the originating creditor to the claimant on .....date.... by way of debt sale agreement Notice of assignment was served upon the app on...date approx a year ago...in accordance with the provisions of sac 136 of the law of property act 1925 A copy of this letter is attached Payment of debt: A statement of acc showing how the debt has been accrued can be seen at ??? Statement confirms date and amount It can be seen that the statement does not show the full amount due of ??? The claiment will contend this is the correct amount even though eveidence shows a lesser amount. no other docs available from original creditor type rest to follow batt dying

Yes I got ambushed when we went into court, judge not impressed they didnt give me a copy while waiting for hearing. I was never served prior. Had a copy arrive in post 2 days after hearing, I did get a copy after the hearing though as DJ said they should give me one. The solicictor argued that there were only a few papers and we should be able to proceed after I read them. I refused and went for wasted costs which funnily enough a cheque arrived today for them. Bet they liked sending that out.. I will attempt to type up the WS.

Hi Andy, Everyone. Had a little battle at court, the otherside turned up on the day with a witness statement from their own solicitor also a bank statement and an odd looking what is supposed to be a notice of assignment. they haven't got a contract with a signature and are trying to get round the court with a witness statement. Suffice to say I didnt receive any papers before court(they dated letter 2 days prior) another adjournment followed. I have to put in a response to the witness statement, which is saying I have not denied entering into the agreement. I am not sure how to defend this part Regards Connect 4

Thank you once again for your time Andy. Regards Connect 4

Hi Andy and everyone. With the due date on the horizon I was going through the paperwork and reading up on things. One thing that does puzzle me is how in the previous hearing an argument could be made that this judgment is REGULAR and not IRREGULAR as their side did this and succeded and secondly if the solicitor turns up at court for the second time wih no paperwork to the case how can they argue their claim? Regards Connect 4

Thank you or your reply Andy. I am bemused by it, maybe a mistake and maybe not. Maybe they want me to contact them and this is a way of enticing me to do that!! Regards Connect 4

The adjourned hearing is for the set aside,as I understood for Lowells to come up with documents ie the agreement,notice of assignment etc. Wether they can hijack that hearing for bankruptcy i don't know.

Here is the letter Dear sir BANKRUPTCY PETITION LOWELL Portfolio 1 ltd V myself Case number: left blank Hearing date: the next date due at court for the set aside We write with reference to the above matter and enclose by way of service; Order of Adjournment stapled to it is the court order stating the date of next hearing for me to pay wasted costs remainder of costsreserved Thats all from bw legal The first hearing was for a set aside which was adjourned Regards connect 4

Oh I meant to say had a letter from their solicitors with a copy of the order, on their letter to me it says Bankruptcy petition. Lowells V me and the future court date. I am assuming this is a ploy to get me to contact them Regards connect 4