I'm not 100% on this, better than nothing if everyone's busy, even under Carey the agreement must be a true copy eg: name and address as at the time. if the judge does accept it then pull them up on the same case law of the details missing. Hopefully someone with more knowledge will pop up soon tho and good luck. And also stress on the fact no default notice is present so its unenforceable under the section stated in your WS

Definitely mate, least they had to pay to take to court, then lift the stay and hopefully lose!

Ha ha you just have to love some of the rubbish that he's spouting. "Not in the spirit of CPR" so I wonder if the spirit of CPR is to try and convince that a default notice isn't required

Get straight on with drafting your WS myfamily, then post it up here for the guys to have a look at for you. I would deliver it yourslef at your local court tomorrow, that saves with the wait on postage and then your only one day late. Then send the claimant his copy 14 days before so he doesn't get it to early

There is no templates for ws my family, you need to write this in your own words. You need to explain how they have not followed everything down to the t and how you are going to defend this EG no notice of assignment. You need to set some doubt in the claimant so you win or get a good reduction on a settlement. are all the details correct in everything that they have sent ? dates, addresses This is the ws I did in my case with hoist, its not the best but you will get a general idea http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt-***Claim-Discontinued***/page3 post 49 knowledge is key, go have a really good read on lots of other cases and get the whole idea of what goes on and what to expect. No one can do this part for you but ive found if you give things a good try first then people can give constructive criticism and tell you what to change.

I think what he's trying to say martin is he used a no paperwork defence but they have sent paperwork now. Also most of the WS are no paperwork ones, so what should he use? The thing is myfamily WS is your personal account on what has happened. In your case you want to show the claimant it's not going to be easy and that even what they have sent isn't perfect. Hopefully (dismiss) best case scenario or arrange a deal, but neither will happen if you don't show some flaws in there claim and paperwork I've picked up on no notice of assignment but can anyone else find anything wrong with what they have sent?

OK I'm no expert at all with this stuff, but I can't see any notice of assignment. Lowell informing you of them buying the debt. Also seems to be a lot of charges on the account, and the payment in June was that from you? Just make sure everything is correct from their side, there's a reason vanquish sold the debt if they had the original agreement! Andy and DX are pretty good at picking apart these things hopefully they can help more.

Have you uploaded the agreement, default notice and anything else that they have sent and let the guys check that its legal, because if not there's a start.

Excellent new dreameater, I subscribed as this case was interesting. Glad you got the outcome you deserved

Crappoman can you please point me to some info of the legal responsibility we have with the van been under 3.5 tonne. I've been looking and can't find nothing only for over 3.5 tonne. We have been stopped a few times and never had to produce any driver times or such so we don't ever log it, but maybe we should start. Its a Nissan nv200 van and we are electricians.

I'm not going to get into a tit for tat argument as it has no benefit to the case at all. What we do no is that it is impossible to no who is driving a vehicle at every minute of every day with it all logged. We drive a lgv Nissan van with no tacho therefore the paperwork to do such a task is simple unfeaseable hence why I asked if you have ever run a small company. Now on the argument of legality we simple shouldn't of been speeding but like I said I don't live in a perfect world. Now on the receipt side, yeah I actually can get the receipts if you think that would help us? I a also requested the photo because we simply could of identified the driver from the cargo been carried. Once we got the picture we identified it to be my father, he would of simple done the speed awareness course and job done. We were just simply trying to make the task easier for us and not risk illegally naming the wrong driver.

Have you ever run a small company before ? If you have, you will realise that we have a little more to worry about than who was driving at that particular time. The notice come 4 weeks down the line and we travel a average of 50,000 miles a year. We traveled 300 miles round trip to get there and another 50 back and forth to the suppliers and drove by the said camera at least 5 times each. We have health and safety, cosh, quality of work and customer service to worry about not who was driving at that exact time. Can you remember what you had for dinner at work 4 weeks ago? We wanted the photo because I was once charged for the dart charges with a car that clearly wasn't mine so I will never pay anything without it been proved first. So if you want to dismount that high perch and give a little constructive critasism rather than make assumptions it will be appreciated Jay

Thanks for the reply, we need to show we did even more than I mentioned.

Yeah raykay we asked for the photo to identify the driver, we gave the info of who the possible ones were but needed the picture as we weren't sure which one it was.

Thanks for the reply ericsbrother, bummer so its a day off work and go there then. They are prosecuting for saying we wouldn't supply name of the driver, but without the photo we were unable to do so as we were up and down the road several times that day. I wish my mother had kept the receipt for posting mate, because I agree we are going to need a paper trial. I thought after our statement it would be dismissed as well with them not providing the photo. We do have there correspondence tho from there side that will show we were in communication. I just printed the sar off for him, he signed it sent a cheque with his business name on and signed for it, but they are saying he needs to supply his driving license and utility bill. do we have to supply further evidence as in a witness statement closer to the time or do we just turn up at court with the letters?

Hey everyone, not sure if this is the correct place to post but will give it a try. My Mum and Dad run a family business that I also work at, in September we were working in Blackpool for a couple of days. A few weeks later we received a speeding fine through the post from Cardiff central ticket office. No photo was attached just the notice form. My Mum replied saying yes that was our van reg ect but we wanted to see the photo just to make sure it was us and to identify who as driving at the time (me or my farther) We received a reply saying we must provide details of the two possible drivers but still no photo. My Mum replied with the details of the drivers but stated again without a photo we could not confirm who was driving. Then we received a letter saying we had failed to provide details of the driver and the matter may go to court. My Mum sent a message again saying who the two possible drivers were and to send the photo and we can easily confirm the driver. We heard nothing more until a court notice come through in December with the photo attached. Rang the central ticket office tried to explain what had gone on , but said we should just fill out the court form the court has to deal with it. She said just to put what has happened on the sheet and they will see its a mistake and will return to the ticket office. Now my Mum hasn't kept any of the correspondence with the ticket office as she didn't believe she has done anything wrong, we received a letter from the courts at Cardiff saying we must attend a hearing there on February. Now my questions are Do we have to travel to Cardiff just for the hearing or can we have it changed to our local court. Any one got any ideas how we can defend this as they genuinely didn't send a photo until we received the court papers I sent a sar from the library to the central ticket office to just get the info they hold on my Dad hoping for copies of the letters my Mum sent, they have refused saying we need to prove identification but my dad did sign the form Thanks in advance for any help Jay

Have you done your witness statement orchid? just looking through your thread I can't see it, only the claimants. I would personally post it up here and let the guys give you a pointer over it first and make sure you have mentioned no default notice, as they wont get far without that.

Cant do anything without a default notice can they ? Hard to believe that's from a solicitor

Looks like you have to disclose all evidence before the 24 november. You will need a witness statement and any other letter and statements you wish to rely on. You have to send a copy to the court and one to the claimant but wait and see if they send theirs first. I'm no expert tho so see what Andy and DX say. Jay

Cheers Andy, thought its best to have the pros double check it first lol

CG have a read of this thread, I was told to and it helped me http://www.consumeractiongroup.co.uk/forum/showthread.php?429894-3rd-claim-of-3-MKDP-Credit-Card***Claim-Dismissed***/page2 . I was the same when I had to draft my WS. You are in a better position tho, as they have already disclosed. You want to address all the issues they raised in there's, and stress on the fact no default notice has been disclosed or issued.

Going to submit my defence on Friday so thought I would post it up for checking if you don't mind Particulars of claim* * 1.The claim is for the sum of £929 due by the defendant under an agreement regulated by the consumer credit act 1974 for a home retail group card services limited account with a account reference of ***** * 2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been compiled with.* * 3.The debt was legally assigned to the claimant on 11 sept 2015, notice of which has been given to the defendant.* * 4.the claim includes statutory interest under s69 of the county courts act 1984 at a rate of 8%per annum from the date of assignment to the date of these proceedings in the sum £74 the claimant claims the sum £1004* * * Defence* * 1 The Defendant contends that the particulars of 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.* * 2. Paragraph 1*is noted. I have in the past had an agreement with home retail card services*but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..* 3. Paragraph 2*is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.* 4. Paragraph 3*is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)* * .* * 5. On receipt of the claim formicon, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. I received a letter stating the account is being managed by our outsource team, Lucas credit and all further correspondance is with them. My statutory fee of £1 not returned. Therefore the claimant is and remains in Default of said s78 request* * 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.* * 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974* d) show how the Claimant has the legal right, either under statute or equity to issue a claim* * 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed* * 9. 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* * 10. 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.

Cheers DX much appreciated

got the CPR and CCA requests off, received The usual we are retrieving docs ect we will hold your account until such docs arrive. This was from Cohen Cramer, nothing from Lowell's yet. When is the last day to submit my defence ? And I've not seen any where that numbers are not used to break the poc down. Do I just do the defence as normal with my own numbers against their points. Thanks Jay

date on claim form : 12 oct Particulars of claim 1.The claim is for the sum of £929 due by the defendant under an agreement regulated by the consumer credit act 1974 for a home retail group card services limited account with a account reference of **** 2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been compiled with. 3.The debt was legally assigned to the claimant on 11 sept 2015, notice of which has been given to the defendant. 4.the claim includes statutory interest under s69 of the county courts act 1984 at a rate of 8%per annum from the date of assignment to the date of these proceedings in the sum £74 the claimant claims the sum £1004 What is the value of the claim? 1154 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Argos card When did you enter into the original agreement before or after 2007? after 2008 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. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? no don't think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have received one Why did you cease payments? lost job What was the date of your last payment? march 2014 Was there a dispute with the original creditor that remains unresolved? no but I'm sure there is loads of charges on the account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes tried to haggle the debt down because of the charges but they would only budge a small amount just received a claim form through the post on the 12 oct I have ack claim on mcol and am going to get the cca and cpr posted tomorrow. I did send a sar to argos and never heard anything back from them, I didn't send recorded delivery tho just normal post. I rang them today and they said they've not received any request from me. Should I resend another sar to arogs or is it irrelevant now a claim has been issued?