I've also added this to para 3, what do you think? 1. I have never received a Default Notice in relation to this account. The one referred to in the witness statement of ***** is not for this account. There is no original Default Notice in the exhibits as is ordered at number 8 on the Notice of Allocation to the Small Claims Track (Hearing).

that's much better, thanks andy

5. The alleged agreement is now singular and not joint and several. There is no benefit whatsoever, in adding a new party to the account at this stage. Therefore, not only is it not desirable to add any new party, it is in fact counter productive and waste of the Court’s time as I can evidence that I am no longer connected to this agreement. The Court can resolve all issues in dispute without the need to add any new party. It is clear that the claimant wishes to add ******** for any future execution reasons. To issue two County Court Judgements rather than one, or to issue a Charging Order in the future. This is considered underhand and viewed as vexatious.

Ok, so I've changed it all into my partners name now and amended para 5:- 5. The alleged agreement is now singular and not joint and several. There is no benefit whatsoever, in adding a new party to the account at this stage. Therefore, not only is it not desirable to add any new party, it is in fact a waste of the Court’s time. The Court can resolve all issues in dispute without the need to add any new party.

That's a good question, I was going to ask you if it was me or my partner who needs to send the WS, or both? I can't think of what more to add at number 5, have you got any tips? Thanks

This is what I've done so far on the withness statement, please can you check it Andyorch, is it enough? 1. I, ****** make this statement in response to the Witness Statement of *****, dated ****** and submitted on behalf of the Claimant, 1st Credit Finance Limited. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise. I am a litigant in person. 2. I was removed from this account after a breakup in the relationship in 2003 and since that time, it has been in the name of ******* solely. 3. I have never received a Default Notice in relation to this account. The one referred to in the witness statement of ****** is not for this account. 4. A subject access request was sent to HBOS and to 1st Credit Finance on 01.05.2014. This request was not complied with 5. There is no benefit to any party in adding me to the account whatsoever. 6. Upon reading the statements of account, it is clear to see that there are large amounts of penalty charges which are applied. In the event that I should I be added to the account, I will have no option other than to make a counterclaim for the disproportionate penalty charges on that account.

Just had another thought on this. During mediation and via letter my partner offered £50 which they refused. They sent a letter refusing it, however have never at any point come back with a lower figure from their side. So no negotiation could be done after my partners offer. They mentioned that it would've been preferable to not waste the court time (not in those exact words) but have made out like there is no choice now. Would it be worth sending them a letter, stating that we are disappointed that they refused to mediate and that we are also disappointed that the matter has had to go to court because they refused to negotiate?

Just had a thought, does the SAR only cover the last 6 years, or the whole term?

So it's too late, because my partner didn't do it, do you know how much the fee is?

Sorry for millions of questions, but also as well as them not complying with SAR, could I (or maybe my partner) threaten to claim back all the charges with interest? And could this be done as a counterclaim, or a would it need to be separate? I reckon there must be at least £300 of charges that we could claim, but that's not including the £800 of charges included in this claim (which obviously haven't been paid)

So it's basically the fact that they didn't comply with my partner's SAR and supply ALL documents which is the main defence?? Thereby not having a copy of my letter, which was sent around 13 years ago, asking to remove me from the account?

Also, I'm not sure if I've already mentioned this, but they have me down by my maiden name. I haven't used this name for 11years, shall I put that in my defence too?

Just going through all stuff and getting my head round it properly! We have 3 hearing dates, what is the point in that? One is to add me, but the other two appear to be for the same thing. I presume we have to attend each one?

Thank you! The first letters I sent to them were stating that I was in financial difficulty and asking if they would freeze all interest and charges. So the last payment I made was August 2008

Right, I've had a good read through (although it was quite confusing at parts) My situation is that I have credit cards, on which I made the last payment 6 years and 1 month ago, so am I right in believing that in another month's time, these debts will become statute barred? Does it matter that I have in the last 6 years, sent numerous 'bemused' letters to the original lender and various DCA's?

Thanks Citizen

Cause of action, is that the default notice? please do you have a link to the thread you mention?

When is a debt statute barred, is it 6 years from the last payment made to a company, or 6 years from the date of the default notice?

I see, I guess that ups the ante

it's a joint mortgage

Right, I'm going to start the defence, don't know why, but this bit always daunts me! So any help will be EXTREMELY helpful to my stress levels!

1. I am the in house solicitor in the employ of the 1st credit limited and i have conduct of this matter on the claimants behalf. i make this statement on behalf of the claimant and i am authorised by it to make this statement and the contents of this statement are true to the best of my knowledge information and belief unless otherwise stated in which case i believe them to be true. 2. There is now produced and shown to me in exhibit 'LC1' various copy documents to which I shall refer by page number. 3. i make this statement in support of the claimants application to add 'me' as a party to these proceedings pursuant to CPR 19.2(2) (a) and (b). Background 4. the claimant is in the business of purchasing consumer debt portfolios. it utilises telephone and letter communication to pursue a claim against the principal account holder on the basis that liability is joint and several. 5. The claimants claim is for monies due and owing together with costs and interest arising from a Halifax overdraft facility in respect of account blaa blaa blaa 6. A copy of the statements of account dated blaa blaa is attached at pages 1 to 14. The statements show that the account was held in the name of the defendant the new party. At page 12 the balance of that account is the same as the debt. 7. On 24.4.10 a default notice was issued by the original creditor. A copy of the default notice entry is at page 15. A copy of the default letter template issued at the time is at pages 16 to 17. Assignment 8. On 18.1.13 the original creditor assigned the debt to the claimant. The notice of assignment to the new party dated 4.9.14 is at page 18. An introductory letter of the same date is at pages 19 to 20. 9. On 9.9.14 the claimant wrote to the new party confirming the details of the debt and enclosing its supporting documentation (pages 21 to 22). it also enclosed details of the claim which included the wording of the claim form and particulars of claim as submitted electronically to the court for issue because the claim is not sent a copy of the sealed claim form once issued. The new party was put on notice that if she did not respond by 16.9.14 that the claimant intended to make an application to add her as a party to these proceedings. The claimant did not receive a reply from the new party. 10. Given the above it is evident that there is an issue involving the new party and the defendant which is connected to the matter in dispute in these proceedings. it is also desirable to add the new party so the the court can resolve that issue and all the matters in dispute. Summary 11. In summary i contend that in accordance with CPR 19.2(2) (a) and (b) the claimant requests that the claimant be permitted to serve an amended claim form and particulars of claim on the new with her dtails. i respectully request that the court make an order adding the new party to these proceedings.

ahhh, that makes sense now, I wondered why there were two hearing dates. Give me a mo and I'll type up the wording on the WS

My partner has received a 'notice of claimant application' and an application notice, which reads at no.3 What order are you making and why? "An order under CPR 19.2 that 'me' be added as a party to these proceedings as the joint account holder of the overdraft debt which is subject to these proceedings because it is desirable to add 'me' so that the court can resolve all the matters in dispute in the proceedings". He has also received a draft order which states:- upon hearing the solicitor for the claimant, the defendant and 'me' IT IS ORdERED THAT 1. 'Me be added as co-defendant 2. The claimant be permitted to file and serve an amended claim form, and particulars of claim 3. No order as to cost Attached is also a witness statement and the statements, template default. notice and screen shot, plus notice of assignment letters, which were the only thingss sent in response to the SAR

My partner has received a letter from the court today, with a new hearing date (in 3 weeks) and I have been added. Please help, what is our next step now? They still haven't complied fully with the SAR, so I need to get that in a defence and also need to make it clear how much of this debt is penalty charges. Do we send in separate defences, or a joint one? Also, can we make some kind of counter claim for the penalty charges on this account? My partner has done so once before in the past, but about ten years ago and more have been added since. Sorry for millions of questions!