Hi DX I didn't actually read that anywhere, it was just an (inexperienced and I now know nieve) assumption I will have Husband complete the form and return by the date requested. He is happy to mediate if the debt is his, just has no recollection of it and also it is (currently) absent from his credit report he is ordering bank statements to investigate further. Thanks for help provided so far

Hi DX Thanks for looking in. Yes I was going to include in my post that from reading the covering letter it appears to lean towards the claimant as the receipient, as it states the claim has been defended by the defandant. I will have a good second read of the whole thing (and will scan up later), and also look at other threads. But as they have not supplied a legitimate copy of the original alleged agreement, notice of assignment (email "copy" that is undated), no statements, no default notice, and no other info as requested by Andy's assistance, to my mind isn't the whole thing in dispute, and proceedings suspended until they provide the requested documentation. As currently they are making a claim based on what looks like a reconstituted CCA and notice of assignment, with no comment or reply to our request to the other supporting docs requested. Thanks for any guidance x

Morning all, Today received correspondence from the court "notice of proposed allocation to the small claims track" States "TAKE NOTICE THAT" 1. this is now a defended claim, the defendant has filed a defence. 2. It appeaars tht this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the clim you must complete box C1 on the small cliams directions questionnaire (form n180) and explain why. It includes a form N180, which disussses settlement/mediation and also an information sheet on HMCTS free court mediation. We have still not received any of the requested documentation such as statements, default notice etc., just the docs already posted up . What is the next step that should be taken ?

Blocked x

Hi I don't seem to be able to block their email address on my browser, I will have a look round to see how to do it (email is AOL).

Hi I have returned the email to them and reminded them that they have been instructed to only communicate in writing, and reiterated that all emails will be automatically deleted. Do we just sit tight for now and wait to hear from the court ? x

Hi Yes I did send it to them. Also still have received nothing further in respect of requested docs noted above. x

Hi All Update Have this afternoon received the following email (which is a cc of an email they have sent to CCBC <[email protected]> Dear Sirs, Asset Collections and Investigations Limited -v- xxxxxxxxx FxxxxxxE We act on behalf of the Claimant. We note the Defendant has filed a defence and we wish to proceed with the claim. Please be advised that the Defendant has also been sent notification of our response via email. We await further directions from yourselves. Yours Faithfully, TM Legal Services END OF EMAIL Do I need to do anything at this point ? Have still no received any documents other than the 3 email docs I posted up last week. (still no statements, evidence of drawdown, default notice etc) Thanks in advance xx

Will do .... thanks DX x

Hi Andy, Thanks for your reply. So at this point I don't go back and challange anything received that doesn't stack up, or documents requested but not provided by the cliamant. Instead I will sit tight and await further contact (which I assume will be from the court). Further updates as and when received. Many thanks again Andy x

Hi Andy and DX, Update ..... Court have sent hubby a letter received yesterday, stating they have noted his defence and forwarded it to the claimant whom has 28 days to respond or the matter will be stayed (process which I know you'll be familiar with). Also received today an email from TM Legal refer below (coincidence ?) ... Good morning, Thank you for your email. Please find attached your Original Credit Agreement and other supporting documents as per your request. The password to open the document is your date of birth in the format of DDMMYYYY. Please do not hesitate to contact us if you require any further assistance. Kind regards, I have uploaded the received documents with this post. I have no idea if their response of today, is a delayed response to my initial email of 14 Aug (whereby they replied 16 Aug with CCA and SEECI), and issued and received to my own email address (not from my Husbands email), which is where todays email was also received. Or this is actually a response to the CCA and CPR requests I recently sent on your advice to TM Legal and Asset Collections, (and possibly further to the court now advising them of hubbys submitted defence). The fact that TM legal have now also included an alleged copy of letter of assignment (which they did not send with their initial reply of 16.8.19), suggests to me that this my well be a response to their receipt of my hubbys recent CCA/CPR letters. Interestingly the PDFs of the SECCI and CCA they have provided both on the 16.8.19 and today 29.8.19, show (within properties) an access and modification date of 30 Nov 2018 - which is NOT the same date as they say the loan was created in 2015, nor the date of the alleged assignment which their assignment letter states occurred on 11.2.2019 - so that's a bit confusing and I thought worth noting. I have again blacked out where my hubby's name and address has been typed in and uploaded the docs as PDFs. My initial thoughts are that the letter of assignment has no date of construction/ issue within the header. It appears the CCA and SECCI recd today, are duplicates of those issued on 16 Aug 19 also by email (with the same access and modification date of 30.11.18). They have not supplied a copy of the default letter, nor any statements or any other documents requested. Hope this post makes sense and the uploaded docs are legible. Advices for what should the next step should be ?? Thanks guys x 898989_33033_CCA.pdf 898989_33033_SECCI.pdf copy assignment letter.pdf

Right will do, thanks to DX too xxx

Do I wish to make a counter claim ? I was putting no, but just wanted to check

Andy, Can I just take the time to thank you for your help and kindness, I really don't know what I would have done without your help today. And I just wanted to make sure that you really know how much your time today has been appreciated ..... thank you x (I will come back and post up any and all developments ... x )

Hi Andy Thank you so much for your help, I can see from your help where I was sorely lacking in detail - thank you for your time helping me today it really is appreciated !! I was going to wait for todays post to arrive and then post the defence today, or should I wait until Friday. Also, WHEN or IF they do send a copy of an original credit agreement would would happen then with regards to the court proceedings ? My hubby says he genuinely has no idea who the company are or what the debt relates to, also it is not registered on his credit record with experian, so no payment profile or default registered either which I think is a bit odd if it really is a loan he took out surely it would be on his record even if he couldn't recall it. Thank you again x

Ive had a further read through and amended further spotted errors re letter of claim, refer attached x draft defence for court for 23 Aug.docx

Thanks, this is the 1st time Ive ever had to construct anything like this. I used the links to other posts I was sent , but I struggled to know what to put and what not to put without guidance, although I know that CAG is a self help site, some peeps(me !) need more direction than others by experienced bods thank you x

Oh yes forgot he had had this, I will amend to.... 4. Paragraph 4 is noted although I am not aware of the alleged debt the claimant refers to (refer point 2 of this defence submission). Is this now correct to go ?

Is this more appropriate ... 4. Paragraph 4 is noted although I have no record of ever receiving such correspondence nor am I aware of the alleged debt the claimant refers to (refer point 2 of this defence submission).

Thanks Andy, I will try again ! Will post up asap x

Hi all, Could any of the site team (or experienced site membes) give me any guidance on the above defence . I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time Many thanks in advance x

Hi DX Thank you for that. No house move Doh ... I know what a PAP LOC is now (apologies for being slow !) I have had a tinker and found another defence example which I have taken account of. How does the following now look ? (bit lengthy apologies in advance !) ********************************** Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd. 2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant. 3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments. 4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail. 5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09." " Defence 1. The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC 2. Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925 3 Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract. 4. Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request. (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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. 9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any ******************** end of defence ************

Hi DX Thank you for that. No house move What is a PAP LOC ?

Had a look at the links .... how does this look ... 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd. 2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant. 3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments. 4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail. 5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09." " Defence 1. The Defendant contends that the particulars of claim vague and are 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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract. 3. It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925. 4. The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim. On the 19 August 2019 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1: Notice of Assignment 2: The Default Notice 3: Statement of Account On the 19th August 2019 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with s77/78 of the Consumer Credit Act 1974 and by virtue of s77/78 Consumer Credit Act 1974 cannot enforce the agreement until compliance. (have left both in as I think this was a rolling credit agreement PDL) 6. Therefore 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; © show how any breach occurred and a valid Default Notice was issued, (d) show how it has legal assignment of any alleged debt. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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. " ############### End of Defence ################## Is the above ok ? The amount in the POC on left hand side of form states £417.00 but they have stated they have added interest. To which the amount claimed within the box on the right hand side that also then adds the court fees is £431.81 (pre addition of fees). Not sure which to put so put the total actually being claimed for the alleged debt. I have made reference to s77 and s78 as this appears to be a Pay Day Loan lender, so assume rolling credit from reading other threads, but as lacking experience of court processes etc, really could do with a bit of guidance to make sure I am not completely wrong just didn't want to leave things out that I should include. Thanks guys x

Hi Thanks for response. From a fellow consumer action group as I could not find one immediately on CAG. I will have a look at the link. Thanks