Yes I did..... in your opinion would it be better to mediate? or do I need to request they provide specific paperwork in relation to the overdraft? Not really sure of what the next steps are - also will I get a chance to file a new defence as the original claim was the embarrassed defence. I have also changed my address since the claim form has been issued - I have advised the court of the change of address do I also need to advise Howard Cohen? Can I request disclosure of how much they paid for the debt? Thanks for you help.

Ok so do I stand a chance of actually winning this or would it be better to go down the mediation route? I will post the paperwork I have received from them later today.

Name of Claimant - Hoist/ Howard Cohen Value of claim £2274. Claim is for an overdraft. Original agreement entered before 2007. ( Bank account opened in 2001) Claim issued by the debt purchaser - Hoist Notice of assignment received from Santander. No yearly statutory notices as far as I am aware. Payments ceased as I was experiencing financial difficulties Made a payment plan with Stepchange but they cancelled the plan due to missed payment. I have recently return the small claims questionnaire. I also received a pack from Howard Cohen containing the notice of transfer, notice of default and a copy of the bank account opening agreement although no documentation has been provided for the overdraft. The claim was originally issued in March and I replied with the embarrassed acknowledgement. After which I didnt hear anything more so I assumed the claim was stayed.

Hi All, I have recently received a questionnaire from the court in regards to a claim logged by Howard Cohen in May 2015. To make a long story short they lodged a claim I acknowledged the claim with embarrassed response. (see Below) 1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system). 2. The defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as 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 courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim. b) A copy of the purported written agreement that the claimant cites 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 form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed. 5. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim and the documents requested. On Friday last week I received the questionnaire as well as a copy of default a statement and copy of agreement.. Do I now need to log a new defence or have they won because of the documents provided? Any advice would be appreciated. Thanks in advance.