Much appreciated

Cheers Andy, Is it best to get this submitted ASAP or should I wait until nearer the deadline?

Hi, No reply as yet from either my CRP 31.14 or CCA 77 requests sent 08/06. By my calculations I have to file my defence by this coming weekend. With that in mind I have drafted the following- Any feedback would be gratefully received. Thanks TS PARTICULARS OF CLAIM A) The claim is for the sum of 63XX.XX in respect of monies owing pursuant to The consumer credit Act (CCA) under account no XXXX B) The Debt was legally assigned by Santander UK PLC to the claimant and notice has been served. C) The defendant has failed to make contractual payments under the terms of the agreement. D) A default notice has been served upon the Defendant pursuant to section 87(1) CCA. The Claimant claims 1. The sum 63XX.XX 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.0 percent from XX/XX/15 to the date hereof 15 days is the sum of XXXX 3. Daily interest at the rate of 1.39 4. Costs DEFENCE. The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made. A) The Defendant does not recall entering into an agreement pursuant to the CCA under the stated Account Number in the Claimants POC. The Defendant has therefore requested clarity by way of a section 77 request dated 08/06/2015. The Claimant has yet to comply. B) The Defendant has no knowledge of any legal assignment by Santander UK PLC to the Claimant. Therefore the Defendant has sought clarity by way of a CPR 31.14 request dated 08/06/2015. The claimant has yet to comply. C) As stated in A) of this Defence, the Defendant does not recall entering into a contract/agreement. Therefore the Defendant has sought clarity by way of a section 77 request dated 08/06/2015. The claimant has yet to comply. D) The Defendant is unaware of any default notice being served and has therefore requested clarity by way of a CPR 31.14 request dated 08.06/2015. The claimant has yet to comply. E) It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant and the Claimant is therefore put to strict proof to: (1) show how the Defendant has entered into an agreement with the Claimant; and (2) show how the Claimant has reached the amount claimed for; and (3) show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears; and (4) show how the Claimant has the legal right, either under statute or equity to issue a claim. F) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. G) 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 82A of the consumer credit Act 1974. H) 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.

Hi Andy, Please see details below as requested. I have drafted CCA & CPR & will post today Cheers TS Name of the Claimant ? HPH2 Ltd Date of issue – 03 Jun 2015 What is the claim for – the reason they have issued the claim? The claim is for the sum of 63XX.XX in respect of monies owing pursuant to The consumer credit Act (CCA) under account no XXXX The Debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to section 87(1) CCA. The Claimant claims 1. The sum 63XX.XX 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.0 percent from XX/XX/15 to the date hereof 15 days is the sum of XXXX 3. Daily interest at the rate of 1.39 4. Costs What is the value of the claim? 63XX.00 plus £410 Court Fees plus £100 Solicitors Cost Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Unsecured Loan When did you enter into the original agreement before or after 2007? - Before 2007 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. O/C was A&L, then taken on by Santander now with HPH2 Ltd acting for Robinson Way Were you aware the account had been assigned – did you receive a Notice of Assignment? Letter received Did you receive a Default Notice from the original creditor? - I do not recall receiving one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure I have received one every year Why did you cease payments? At the time I was self employed and using Credit Cards and Loans to finance renovations on a property Then the financial crisis hit, the property market stalled and it went into negative equity I was late on a few payments and the interest rates/repayments increased on the Credit Cards With no income I "sold" 2 Credit Card and this Loan debt to credit card killer/momentum network. I now know the full story of CCK but all too late. What was the date of your last payment? Not sure but around Sept 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 but CCK sent A&L a Notice of Sale/Assignment

Thanks for creating the new thread Andy. This relates to an unsecured loan taken out with A&L which was taken over by Santander and is now with HPH2 - Jersey. Friday I received a CC Claim as follows:- CLAIMANT - HPH2 Ltd SOLICITOR - Howard Cohen & Co. AMOUNT - £68XX.XX POC - The claim is for the sum of 63XX.XX in respect of monies owing pursuant to The Consumer Credit Act (CCA) under account no XXXX The Debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to section 87(1) CCA. The Claimant claims 1. The sum 63XX.XX 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.0 percent from XX/XX/15 to the date hereof 15 days is the sum of XXXX 3. Daily interest at the rate of 1.39 4. Costs Looking at my Credit Report the Start Date of the Account was early 2006 and the default Mid 2010. Please let me know what further info is required. Any advise would be much appreciated. Thanks TS

Hi, Another debt (same period/same reasons) has surfaced. Its an old A&L loan which was taken over by Santander. Its now with Hoist Port. Friday I received Court Papers. For assistance do I start a new thread? if so under A&L or Santander? Any advise would be gratefully received. Many thanks in advance TS

Many thanks rebel11 I'll drop him an email today & update on any reply TS

Can anyone help or advise on the following:- My two boys each received a £10 JD Sport Gift Card for Xmas last year. They recently tried to use them only to be told that they had expired. The Gift Cards are only valid for 12 months so must have been purchased early December 2013. Are they worthless or do I have any rights? Thanks in advance TS

Hi all, As an update....33 days from my defence submission was up Monday. I have spoken with Court today who advise that the Claimant has not replied as yet, although the courts are 10 days behind in dealing with correspondence. The case is stayed at the moment but there is a chance a reply may be in the system. I have been advise to call back in 10 days to confirm. Cheers TS

Hi Andy, Many thanks for your time and comments, it's very much appreciated. TS

Hi Andy At the time I was self employed and using the card to finance renovations on a property. Then the financial crisis hit, the property market stalled and it went into negative equity. I was late on a few payments and the interest rates/repayments increased. With no income I "sold" the debt to credit card killer/momentum network. I now know the full story of CCK but all too late. I've completely ignored all correspondence from a variety of DCA's and I'm where I am today.

Hi Andy, I've had a re-vamp...Your comments would be appreciated:- Particulars of claim (for cross reference purpose) 1.The claimant claims the sum of 24XXX.00 for the debt and interest. On XX/XX/98 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXXXXXXXXXX. 2. On XX/XX/10 the defendant defaulted on the agreement with an outstanding balance of 20'XXX.XX. 3. On XX/XX/10 the debt was assigned to Varde Investments (Ireland) Ltd. On XX/XX/12 the debt of 20'XXX.XX assigned to AKTIV Kapital Portfolio AS, Oslo, Zug Branch. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum of 20XXX.XX 2. Statutory interest pursuant to Section 69 of the county court Act 1984 at a rate of 8.00% per annum from XX/XX/12 to XX/10/14 4XXX.XX and thereafter at a daily rate of 4.42 until judgment or sooner payment. The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made. 1/ Sentence 1 in Particulars of Claim – It is not admitted that the sum claimed is lawfully owed. The Claimant is put to strict proof as to how the sum claimed has been calculated and how it is asserted that the sum claimed is contractually owed. 2/ Sentence 2 in Particulars of Claim – Is denied until such time the Claimant complies with my written request dated XX/XX/2014, under section 78 of the Consumer Credit Act 1974, for the original copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a)the state of the account, and (b)the amount, if any currently payable under the agreement by the debtor to the creditor, and ©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. Furthermore, the Claimant is prevented from enforcing any agreement whilst he remains in default under section 6(a) of the Consumer Credit Act 1974. 3/ Sentence 3 in Particulars of Claim – It is denied that any Default notice has been received relating to the stated account as required by the Consumer Credit Act 1974. The Claimant has failed to reply to my written request dated XX/XX/14, for a true and original copy of any default notice(s) and is held to strict proof thereof. 4/ Sentence 4 in Particulars of Claim – The Defendant has no knowledge of any assignment of debt dated XX/XX/2010 from MBNA to Varde Investments (Ireland) Limited. The Defendant has no knowledge of receiving a notice of assignment as required by section 136 of the Law of Property Act 1925 and section 82a of the Consumer Credit Act 1974. The Claimant is held to strict proof thereof. 5/ Sentence 5 in Particulars of Claim – The Defendant has no knowledge of any assignment of debt dated XX/XX/2012 from Varde Investments (Ireland) Limited to Aktiv Kapital Portpolio AS, Oslo, Zug Branch. The Defendant has no knowledge of receiving a notice of assignment as required by section 136 of the Law of Property Act 1925 and section 82a of the Consumer Credit Act 1974. The Claimant is held to strict proof thereof. 6/ In addition – The Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters: A copy of the purported written contracts that the Claimant cited in the Particulars of Claim and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim. In view of the failure to comply with the CPR Part 31.14 request it is denied that the Claimant is entitled to costs as claimed. I respectfully request the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents. Cheers TS

Much appreciated...back to the drawing board Will post again soon.

Yes Andy..Its taken a while but I think I'm with it now.. When you've never done this before your head gets bombarded with info and you start to ramble... Would I be correct to state that "I am unable to admit or deny" due to lack of a reply to my requests? TS

Cheers Andy, In my draft I was simply numbering the points I wanted to make. I see now that I have to answer each allegation they make in POC, in turn with a reply. TS