Thanks Andy , so I just now need to add the Defence without the POC.

Hi , Could someone check the defence below as we would like to add it to the claim today. Do we need to add anything about the CCA request not being replied to ? Do we need to add anything else to the defence ? Thanks Nic. Particulars of Claim 1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the consumer crediticon Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx 2 And assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant. 3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 4.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70 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. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 77 request and a CPR 31.14 request. 2. Paragraph 2 is denied. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all.The Claimant is put to the strictest of proof on the same. 3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments .As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. 4. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. Therefore Paragraph 1 is denied 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedurei Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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 consumer crediticon Act 1974. 7. On the 10th October 2016 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 8. 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.

s77 ???

Hi Andy, Made adjustment to paragraphs, any better? Particulars of Claim 1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the consumer crediticon Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx and assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70 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. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 77 request and a CPR 31.14 request. The Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all. 2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments .As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. Therefore Paragraph 1 is denied 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if 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 consumer crediticon Act 1974. 6. On the xxxxxxxxx I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. 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, Found the following defence which looks to fit my issue. Any advice please if it is ok. Particulars of Claim 1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the consumer crediticon Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx and assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70 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. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request. 2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all. 3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments .As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. Therefore Paragraph 1 is denied 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if 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 Consumer Credit Act 1974. 6. On the xxxxxxxxx I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. 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, Still not heard from Lowell / BW since CCA request & CPR request. Just over a week until 28 days are up . Do I need to do anything besides file defence before 28 days are up? Not quite sure of what defence to use. Nic

Hi, Is there anything I need to do now? Not heard anything from the CCA request or CPR as yet. Nic

CCA request & CPR sent today.

There are sections that say delete as appropriate , refer to post no.3 etc.

Hi , I have altered the CCA request template as below , is this OK once I complete the address & account no.s etc. template removed please read the top of the letter and our rules - dx]

HI , I have now acknowledged the claim.

Hi , The account number has 1 letter & 8 numbers (9 digits altogether) Not sure how the 1,2 & 3 on the POC happened as it is just one paragraph with no numbers. I have still to acknowledge the claim as I am unsure what to do. Nic

Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 04/10/2016 What is the claim for – 1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the Consumer Credit Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx and assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70 What is the value of the claim? £2423.70 inc. Court fees & Legal costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit / Loan When did you enter into the original agreement before or after 2007? 2009 according to Lowell (Cannot recall) 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. Assigned to Debt purchaser , original creditor Provident Personal Credit Ltd (cannot recall taking out as payment book in 2012 has balance of £15.00 and different reference numbers. Were you aware the account had been assigned – did you receive a Notice of Assignment? No recollection of receiving notice Did you receive a Default Notice from the original creditor? No recollection of receiving. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? only Headed "Notice of Sums in arrears" Why did you cease payments? Hardship if anything What was the date of your last payment? Cannot recall ( Will look for this but not sure that Provident owned the debt to start with) Was there a dispute with the original creditor that remains unresolved? Not that we recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? If it exists we would have told them our circumstances

Hi, The claim is for £2300 , not sure of last payment date but it is a few years ago now. Nic

Hi , my wife has just received a BW Legal court claim from the bulk centre on behalf of lowell. This is an old provident debt. We are unable to pay the claimed ammount straight away nor are we sure that the claimed ammount is correct. Could someone advise on the best way forward for this to be dealt with. Nic

Hi , Not quite sure of the date but think it was around 2012. When I searched my record through Trust online there was no record of it. Nic

Hi Victory, DO you know of any successful claims against SPML/ Acenden for unfair treatment or re-claiming of fees ? Would love to submit a claim for re-payment of all fees I have been charged in the past. Nic

Hi , I have just been contacted by Mortimer Clarke solicitors about a CCJ that Black Horse finance had against me. I believe Black Horse no longer exist and Mortimer Clarke are now wanting the payment arrangement making with them , if I do not contact them they say that they will apply for the CCJ to be transferred to them. Is it worth me sending CCA request to Mortimer Clarke or has anyone any advice on dealing with this. Nic

Hi , Not sure if this the right place for this post. My daughter bought a laptop for her boyfriend by signing a credit agreement, she is the only person named on the agreement. They have now split up and her ex has not started to pay the money to my daughter for the monthly payment and it looks as though he will not start the payments. She is now wanting the laptop back but her ex is not willing to give it back to her. Can she go to the police to see if they can get it back or is it a case of kissing it goodbye ? Any advice appreciated. Nic

As I said in my previous posts she has made management aware but nothing has been done. Do all employers re-classify zero hours contracts ?? Nic

This is the first job my daughter has had and it is a zero hours contract, if she had brought the issues up then she would not get any hours so no job. People on zero hours will put up with alot through fear of losing what work they get. She has told managers about some of the issues but nothing gets sorted out. She works as much as possible and goes to college also. She has asked for meetings with HR as she has no confidence in the managers due to previous matters not being dealt with but they are nit helping to arrange this. She has been asking for months now and still no further forward. Nic

Hi , She has worked there over two years. No previous disciplinary action. She is suspended because she lost her temper in the heat of the moment , she had been told by a supervisor not to raise her voice at her when she was not speaking to the supervisor then another member of staff made a comment making the situation worse. When she was on her break she was told that they wanted her in the office straight away, she was on the phone at the time and still angry & upset she swore. Just before she was suspended the Manager had asked said that they wanted to help her as they knew she wasn't happy, then they suspended her about 20minutes later after she had left the first meeting. Some of the unfair treatment is that a manager heard another member of staff swear but took no action , managers using cctv to laugh at her after she had an accident and was took to hospital and other incidents where staff had made her feel like an outsider with the Managers knowing this. There are also other incidents over the past two years. Nic

Hi , My daughter has been suspended from work , whe she was told tgat she was being suspended the employer said that we are suspending you until we decide what to do with you. This to me implies that the employer has already decided that she needs to be disciplined before investigating the matter impartially. The reason for suspension was not given but she was told to not discuss the matter with other workers. Since working at the place she has been unfairly treated and has also been threatened by other staff members with no action being taken. Should she raise a grievance ? In the employer handbook there is no mention of the process for suspension as suspension is not even in the disciplinary code. Any advice appreciated Nic

Hi , In 2010 I fell into arrears with my mortgage , my credit file was updated with the late payment status. I am now paying my mortgage on time and have been for a number of years , should my credit file show this or should it still show that payments are late ? Any advice welcome Nic

Can you advise on the content of the letter ? Do I give a complete history of the treatment I have received , the charges that have been put on my account ? Any help appreciated Nic