I have a case with PRA, made a CCA request for information and deeds of assignment, they only write a letter to say they have requested for the information from OC and the deeds of assignment is a confidential information consisting of their business secret, but they agreed in the letter that they will bring it to the CCJ set aside hearing but they said they will blank out confidential info. What defence options do I have in this scenario ? No CCA request was honoured What happened in case the deeds has been altered as stated Also the fact that I have not been given opportunities to review the document before hearing ? If they are challenging my set aside application, I have not been presented their WS?

Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 17 July 2017 date to submit defence 19 August2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 18/12/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding. And the Claimant claims a) The said sum of £465.45 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.24 c) Costs What is the value of the claim? £632.69 including court fees Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? After 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, received one letter and then County Court Claim. Did you receive a Default Notice from the original creditor? I don`t think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I cancelled the account in full accordance with the original claimant's cancellation procedure. What was the date of your last payment? 26th April 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. Hello everyone, first time here but I have read a few threads on here and seen the great work you guys do. I`ve got this county court claim that came through (22/07/17) as stated above I have gone through the necessary steps as stated in previous cases, that is Acknoweledgement of service (26/07/17), CPR 18,(27/07/2017) and now I am preparing my defence. My question is to do with the reply for the CPR I got from Lowell Solicitors, I received, the cover letter, the notice that they bought my debt and the notice of assignment from orange( very dodgey). Will post attachment if needed. My first question is, in the cover letter they state that my last payment on 26/04/12 was for £60.72 but in actual fact I paid £120 on that day, as backed up by my online bank statement for that month, should I mention this in my defence and if I should how would I word this properly? Secondly because of the nature of the notice of assignment (no official logo, no traceble name, not very professional) is there a way to dispute the disingenuous nature of the letter. Your assistance will be greatly appreciated .Thanks Mike

Dear All Almost two years ago received a claim from Restons for £2,500 but with no details. Filed defence requesting details of claim and made a CCA request. Cabot didn't come back until a week ago, with copies of some documents, containing terms and conditions, and copy of agreement, stating that they are now entitled to obtain Judgment. Have to see if it is genuine. I have noticed that they have not provided copy of Deed of assignment, I requested. Not sure if important? Also it appears that the authorisation of Cabot Financial has lapsed with the FCA, which is the name they've used on the Claim form. Does this mean that the claim is not valid and they have to reapply? Also, over half of the amount they are claiming consists of bank charges. Not sure if Default or Termination notices are relevant if they have bought any debts. Please help

Hello all at CAG, I've received a second claim from Hoist/ cohens for a credit card. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 03 Feb 2017 Date to submit defence = - by 4pm Friday 03/03/2017 ? What is the claim for – Particulars of claim: (As Written) The claim is for the sum of £11079.33 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxxxxxx pursuant to the The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. The Claimant Claims: 1. The sum of £11079.33 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 27/09/11 to the date hereof 1947 days is the sum of £4727.90 3. Future interest accruing at the daily rate of £2.43 4. Costs What is the value of the claim? £15807.23 (plus court fee £711.33 & Legal Reps Costs £100) Total £16618.56 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Approx 2000/ 2001 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 (hoist) Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Can't be sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business ceased trading and couldn't afford rent let alone DMP payments What was the date of your last payment? January 20th 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes, Payplan DMP set up in Feb 2010 I wondered if I could use the statute barred defence or should I use the no paperwork? I have done the AOS on MCOL, should I send the CPR and CCA requests regardless of defence? Your help is much appreciated.

Hello, A number of PCNs from Smart Parking were delivered to my address in the last few weeks, for an alleged breach of the terms of parking at Matalan in Sutton, Surrey. This was subsequently followed by a Notice of Intended Court Action letter from Debt Recovery Plus (DRP), stating the reason for the PCN being issued as: "Overstayed Paid Time". Earlier this week, another letter was received from SCS Law who claim to act on behalf of Smart Parking Ltd who have allegedly instructed this law firm to recover the PCN charges. The letter then goes on to state that Smart Parking are entitled to the outstanding sum under contract law, adding: "When your vehicle parked at the above mentioned site(s), the driver of the vehicle agreed to be bound by the terms and conditions of parking which was displayed on signage throughout the site(s). The driver of the vehicle breached the terms and conditions of parking on each of the above stated occasions for the reason stated. For each contravention, a parking charge notice was issued, for which the sums owed remain outstanding. We refer you to the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67. In this case, the Supreme Court found that parking charge notices do not contravene the penalty rule or Unfair Terms in Consumer Contract Regulations 1999 provided they protect a legitimate interest. Unless payment is made within the next 14 days, we are instructed to issue court proceedings to recover the same and any of our client's legal costs, without further recourse to you". I visited the Matalan store last weekend and discussed my issue with a member of staff, with the hope Matalan would intervene and request for the PCN to be cancelled, being a regular customer of the store. The member of staff was not very helpful but did advise me to contact Smart Parking directly for any resolution and also pointed out that Smart Parking were no longer the contracted to manage the car park. I would now appreciate the kind assistance of our very valued forum members to advice on how to fight this PCN successfully and have provided some relevant pictures from the car park, if this helps construct a solid defence. Thank you.

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Synopsis Public Sector temporary employee suffered loss of income due to Sector restructure. Background Lloyds loan taken out November 2008 for £7.5k for 7 years. Failed to make repayments from January 2011. Default August 2011. The debt has been round the usual houses: SCM -> MHA -> Moorcroft-> Iqor-> Robinson Way->Horwich Farrelly->MacKenzie Hall->Arrow Global Ltd->Debt Managers-> Rockwell-> Moorcroft-> Westcot->Arrow Global Ltd/Restons. No communication entered into with any. Claim On 8th May 2017 Arrow Global Ltd issued N1 against me through Northampton. Particulars The Claimant claims payment of the ovedue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Nov xx 2008 and assigned to the Claimant on Nov xx 2013 Particulars a/c no – xxxxxxxxxxxx Date Item Value xx/03/2017 Default Balance xxxx.xx Post Refrl Cr NIL TOTAL xxxx.xx • 10th May 2017 AOS submitted • 12th May 2017 unsigned request pursuant to s.77 of CCA 1974 sent by recorded delivery including £1.00 postal order sent to Arrow Global Limited. • 24th May 2017 reply received (letter dated 22nd May 2017)…acknowledged request for documentation “We do not accept we are the creditor as envisaged by the above statute” (CCA1974). “However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents. Please find enclosed your £1.00 fee. Yours sincerely Arrow Global.” Am seeking most pertinent verbiage to defend above. Many thanks for all of your help R

Hi, I received my CCA from Aqua some time ago. For a while I thought that the CCA I received was actually for another account that I had also requested a CCA from. ...sometimes it gets confusing as you're no longer dealing with the familiar name but now various debt collection companies and the solicitors with unfamiliar refs! after realizing my mistake I sent in an offer of payment via email with my income/expenditure I was obviously too late two days later I received a court claim. I put in an acknowledgement to try to get a bit more time and see if I could arrange a payment plan with them. They replied to my email a few weeks later asking for my dob (which l then emailed back to them) as a security question to then proceed with email communication but I haven't heard back from them. Today is the last filing day for my defence but I really don't have one and as they've not responded to my last email what shall I do? Thanks PB

Hi, I spent a few days in Manchester last months and parked at SIP Gunn Street. Unfortunately I parked slightly over the line of the bay (there was a pillar on the other side, I am only slightly over the line looking at the pictures -from what I recal I was only on the line but their photos show otherwise). I received a PCN on the windscreen and appealed it on their website (from reading posts on the forum I now understand that I should have ignored it) My appeal and their response is below - is there anything else I can defend? Not sure if it means anything but I did notice from their photo the the ticket I got from the machine has the wrong number plate on (I must have mistyped) and so does not match the number plate on the PCN I thought maybe there could be some technicality there? I really don't want to have to give them £100 right now :/ ironically the ticket was issued on my birthday too! they say I have 7 days to respond You completed the appeal on 10/06/2017 14:52:14. I am appealing this charge notice on the basis that the claimed amount is disproportionate to any potential loss of earnings for SIP, that the rationality for the implementation of the charge is unfair and that the signage could be considered to be ambiguous. On a personal note I feel that SIP have applied this charge in a cynical ploy to extort funds from me over and above that of the value of my the "purchase" from them. 1) the cost of my stay was £8.20 - I did not overstay in the carpark, I did not prevent anyone else from using other spaces in the car park. In issuing this notice of £100 (with various discount incentives to pay them immediately) SIP are suggesting that £100 is fair retribution. To reiterate the manor in which I parked did not prevent any other potential customer from using surrounding spaces, if this was the case I still feel that £100 is disproportionate but could in some respect understand the reasoning behind it. From my point of view the charge has been issued without a valid reason. 2)SIP issued this charge on the basis that I was "Not in Marked Bay". To clarify I parked in a space which had a large concrete pillar to the left of the space. Naturally I parked slightly to the right in order to minimise the risk of impacting the pillar with the left side of the vehicle and to allow my partner to exit the vehicle more easily. My vehicle was not parked extremely to the right and did not intrude into the next parking bar, my right wheel did rest slightly upon the surface of the line but at no point exceeded the outer confines of the bay. 3) the signage states (in very small writing considering that it can be reasonably assumed that the sign would be viewed from within the vehicle possibly whilst in transit) "if the car park or road has marked parking bays then you must park fully within the confines of the marked bay". To return to my previous point at no point did my vehicle exceed the outer confines of the bay. 4) To clarify I feel that the manor in which the notice was issued was dishonest and cynical. I have caused no loss of earnings yet SIP are attempting to effectively increase the cost of my stay tenfold. This is not treating customers fairly and goes beyond the presumed contract of purchase. I'd also note that when I returned to my vehicle I was greeted by people sleeping in the stairwell and the stairwell itself had been used as a bathroom (and I do not mean a urinal). Although this could be considered incidental I'd stress that SIP are attempting to extract an unfair amount based on incidental circumstances. I could argue that SIP did not provide secure (and indeed sanitary) storage for my vehicle. I also do not feel that they gave due attention to my appeal - they offered no explanation other than restating that my vehicle was "not in Marked bay". I do not feel that they addressed any of my concerns or arguments. I also asked that they provide evidence (copies of their photographs) for my review, I have not received this (I was hoping to submit with my appeal but was informed by SIP that I only have 15 days to challenge their assessment of the situation. Again I feel that this is an unfair, cynical ploy. ============================== The operator made their Prima Facie Case on 12/06/2017 12:07:33. The Operator Reported That... The appellant was the driver. A manual ticket was placed on the vehicle. The ticket was issued on 16/05/2017. The charge is based in Contract. The Operator Made The Following Comments... The terms on the signage are explicitly clear that a vehicle in addition to having a valid parking session must also "park fully within the confines of a marked bay" by failing to adhere to the above terms the driver agrees to pay a parking charge of £100.00. As can be seen from the photographs the vehicle was not parked in the confines of a bay thus the PCN was issued in line with the contractual signage. I will address the other points raised by the appellant; 1) The amount is a contractual amount ergo loss is irrelevant 2) The vehicle is clearly not in a marked bay, and as can be seen there is sufficient room for the vehicle in question to have parked correctly and still been not even close to the pillar; 3) The signs are designed to be easily noticed (bright yellow) to then advise a person once they have parked and exited their vehicle that they can read the content of the contractual terms. It is not expected nor advised to do so while the driver is in the vehicle especially whilst moving. 4) The appellants belief on the fairness is irrelevant as the information was provided and agreed to upon the driver leaving the vehicle, further no dishonesty was involved in this matter everything has been very transparent.

I'm hoping you guys can help as you have done in the past. I received a parking ticket after falling asleep in a motorway services station from ParkingEye. I followed general advice and ignored the ticket (the car is actually registered in my wife's name). They are now pursuing me (my wife) via the courts and I'd like to ask a few questions. I had initially intended to file a defence as many threads suggested that these cases are often thrown out with a robust defence. I received the service on March 28. The letter said that the date of service was deemed to be 5 days after the 28th. On April 10 I filed an acknowledgement of service. can someone check my maths? I have 28 days from April 2nd to file my defence - which would be May 1?? Is that right and if so, how does the bank holiday affect it? I've now decided that as much as I would love to file a defence - because these guys are the spawn of satin - I don't have the time or the energy to file anything near as robust as it would appear I need to. I'm thinking it would be better to just write off the £175 and chalk it up to a bad experience. But when I click on the Admission instructions using MCOL it says: If you are admitting all of the claim and wish to pay it now you should take or send the money, including any interest and costs, to the claimant. You should act quickly to ensure that the claimant receives the money within 14 days of the date you received the claim (the date of service). If payment does not reach the claimant within this time they may ask for judgment to be entered against you and this may affect your future ability to get credit. This implies that because it is now past 14 days, if I DON"T file a defence and instead make the payment in full, a judgement could still be made against my wife?? Being so close to the deadline, and beyond the 14 days, am I better off filing a weak defence? Any prompt help would be greatly appreciated

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Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:

Hi I have received a claim form with a stamp and the county court address on there. It says on the back of the letter - Do not ignore this claim form - if you do nothing judgement may be entered against you without further notice. This will make it difficult for you to get credit. Included in the pack are Admission Form N9A Defence and Counterclaim Forrm N9B Acknowledgement of service The top two are options are self explanatory i believe it does state the following under the 'acknowledgement of service' option: If you file an acknowledgement of service but do not file a defence within 2 days of service of the claim form, or particulars of claim if served separately, judgement may be entered against you. If you do not file an application within 14 days of the date of filing this acknowledgement of service, it will be assumed that you accept the court's jurisdiction and judgement may be entered against you. I can recall this relates to when they claim I had stopped in a no stopping zone at one stop shopping centre in Perry Barr Birmingham. I was totally unaware of this till i recieved the letter and it was asking for £100! On recollection i had parked next to where all the taxis park, so my mother could run to the cash point. I was in my car at all times and my engine was on - she was back in my car in two minutes and i was out o there. There was no obstruction caused and i even doubt i crossed the line where the cross hatches begin - probably only to turn around and get out of there! Naturally i have been ignoring their demands and have not sent them anything, but upon receiving this now i am concerned as to what it is? Am i being taken to court? will i get a CCJ? and do i need to respond? what is my best course of action? Hoping somebody can advise me please. Many many thanks

Hi First post here. I have an old debt with Egg from around 2000 for roughly £2900. I was on a CAB plan paying £1 token payment for a while at the time but stopped paying , I never heard anything for years and now Capquest own the debt . I think I might remember paying them £10 a month 3-4 years ago for a while but due to financial hardship stopped paying. Though I cant be certain on this as I cant seem to find any details at the moment. They have recently sent me letters again and have refered it to Drydens Fairfax who have given me to the 30th Nov to offer a payment proposal otherwise court action. Which means I`ll have to send them a ltter either today or tomorrow .What should I do , offer £5 a month or something or play hardball. I don't really want a CCJ as I already have one from Drydens at £10 a month for another card debt. I wish I had know of the Statute Barred act before I may(possibly) have paid Capquest 3-4 years ago as it was probably unenforceable back then. thanks Tired and Weary

28/07/16 My company received a parking charge notice (dated 27/07/16) for £100 reduced to £60 if paid within 14 days. Included photo evidence of me entering private car park in my company car at Thistle Hotels - The Quay Poole time stamped arrival time 09.28 and departure time 12.01 It refers to the signage and to Protection of Freedoms Act 2104 The date of event was 02/07/16 Date issued was 27/07/16 It stated reason for charge as either not purchasing the appropriate parking time or by remaining at car park longer than permitted, in accordance with t's and c's and so was not clear what the breach was for. I remembered that I had encountered problems with the pay for parking phone line and so assumed it must have been because the payment had not gone through and therefore I hadn't paid for parking the vehicle. I immediately wrote to Parking Eye (dated 28/07/16) and appealed on that basis. Parking Eye response was unsuccessful. The response now stated that it was because I had not paid the correct amount for the time parked and provided an appeals reference for POPLA. With the new information I did further research and discovered via the Pay for Parking web site that I had paid for 2 hours parking commencing 9.52 so in actual fact I was only 8 minutes over 2 hours when I left the parking site at 12.01. The time between entering the site 9.28 and the payment going through 9.52 was taken up with finding a space, going to the payment machine to read terms, taking down phone number and site ref for pay for parking, returning to car and then making 4 phone calls to pay for parking because I first had to enter new debit card details and then there was something wrong and the payment would not go through ( I have print screen from call logs on my phone that day showing calls in my attempts to pay for parking at 9.40, 9.44, and 2 at 9.51) In conclusion I was delayed in making payment due to issues with the parking payment system, I did pay for 2 hours, I was 8 mins over (I am allowed 10 mins over) I am therefore not in breach of contract. Once I realised this I made a second attempt to appeal with Parking Eye via the website, due to time limits, I didn't receive a response to this appeal, and I had subsequently now missed the timescale to appeal via POPLA. I received a further notice to pay and then a court claim was received sometime after 24th October. I have sent an acknowledgement of service via the money claim website so I can further defend the claim. I would be most grateful for any advise on the best approach with regards to the defence I put forward.

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hi due to problems with family i have only just remember (well phone pop message reminded me) that i need to file my defence tomorrow need some help with what if anything I should put in my defence about the fact that the solicitors cohen cramer are calling the ex jd williams account now owned by lowells a non regulated account. Anyone help I assume the account is regulated as I thought all these accounts were but ive had nothing back from Lowell re my cca request sent oct 4th postal order was cashed on the 10th and received only a letter stating it will take 45 days to get docs and that they will give me an extra 14 days once docs received blah blah blah from cohen cramer from my cpr31 and cpr 15 requests any help about non regulated accounts would be great thanks

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I sold my mothers house in January this year. The buyer is now suing me for misrepresentation. Immediately prior to completion, the buyer noticed that there was a fault with the heating. I offered to have it repaired but this was refused and the buyer demanded £2000 off the purchase price which I declined on the basis that the buyer had refused my offer to have it fixed. I have now received court claim papers. When i signed the property information form the heating was Ok and i stated this on the form. The heating was later turned off for the summer. As the purchase took almost a year, I was asked later to confirm that the information form remained current and I confirmed this as I was not aware of any changes. There is no doubt that at completion there was a fault with the heating though when it stopped working is not known. It was working when I signed the form but by completion it had stopped. the buyer did not undertake any surveys. I have tried to negotiate and I have offered £1000 in settlement without admitting liability, but this has been refused. I attach the particulars of claim and my proposed response and I would welcome any comments. Thank you. response to claim form.pdf Particulars of Claim.pdf

Hi all, I received the above Court that received my defence (back in November 2014). . The Court acknowledgement letter goes on to state 'Where he wishes to proceed, the claimaint must contact the Court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed' . I never heard anything else so assumed all was well and the claim was stayed. Today (10 months later) I received a letter from a solicitors practice saying 'Our client link financial outsourcing...has instructed us to act for the Claimant... The appropriate notification has been submitted to the County Court. My questions are: Could they have responded to the defence within 28 days but I don't get to hear anything until now? Could the stay have been overturned without my knowledge? or are they trying their luck? Is there a way I can find out from the Courts directly if they did respond to the defence? Thanks in advance B4nkers

Hi All I'm looking for some help, I received a CCJ papers relating to a egg loan I had defaulted on in April 2011, I had agreed a 50% settlement with Makenzie Hall in November 2013 but the remainder had never been written off so I submitted by defence via MOL online : Full and final settlement was agreed via telephone with Mackenzie hall in November 2013, the settlement was agreed at 50% of the debit. A payment of 3000.00 GBP was made via debit card wile I was on the telephone and an agreement was made they would take 2 further payments in December and January, at which point the remanding 50% of the debit would be written off and the debit would me marked as satisfied All three card payments were taken as detailed in the payments section. This was submitted 2nd Aug 16 today I've revived a letter from Restons, most of it is irrelevant as i'm not disputing the original debit, but they are asking me for proof within 14 days (they have 14 days ish to respond to the court) The part of the letter is : We note from your defence that you believe the outstanding balance has been partially settle upon agreeing a settlement sum of 50% with Egg Banking in November 2013. We note however, that you have failed to provide any evidence of such a settlement being agreed. We kindly ask to be provided with evidence to prove such and allegation, within the next 14 days. Should I respond to this letter? from what I have read there is no need at this point to provide evidence and, my defence states when and how the payments were made which matches my credit file. I'm also annoyed with the tone of the letter as it feels like its a standard letter with a extra bit added on, and even that doesn't match up to what my defence said. Restons are acting on behalf of Arrow global, any help or suggestions much appreciated. Thanks Charlotte

I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. This is the second CCJ Claim and as far as I can make out it is over 6 Years since I have had any contact from the creditor. The particulars of the claim are as follows Debt Legally assigned from Tesco Personal Finance ( Ex Tesco Finance ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the county courticon Business Centre Credit Card Debt £3382.38 Interest pursuant to S69 of County Court Act 1984 £1621.96 Court Fee £410 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA Requesticon to Hoist Portfolio Holdings. I have acknowledged the claim and submitted a holding defence. I am wondering how I will go about argueing that the debt is statute barred or should I wait for them to honour the requests I have made first. Any advice would be greatly appreciated. Thanks

I've just been reading through an old thread on here regarding Carmel Butler's Memorandum to the House of Commons Treasury regarding mortgage securitization, which I have referred to in my skeleton argument for my defence in a possession hearing I have tomorrow. Does anyone such as supersleuth or enoughisenough or Smarterchick have any updates on how they got on, as the other thread seems to have dried up? If anyone can tag/link them in here as I don't have enough posts yet, that would be very good of you.

My husband asked for a ccj to be removed as he had no idea what the ccj was for upon going to court it was with hoist for an old abbey loan they didnt attend but sent a letter requesting it to not be removed on the grounds a payment was made in 2012 which i have no record of she said they would need to send the particulars and prove the £20 payment or its statute barred. After hassling them we recieved the particulars but have no idea how to file my defence. The Pc1 was the origional agreement between him and Abbey. The 4 main pages of particulars are attached please someone help

Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account. the Claimant claims: 1. the sum of XXXXXX 2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX 3 future interest accruing at a rate of £ .XX 4 Costs I have been on MCOL and acknowledged the claim and said I wish to defend now I cannot get back on MCOL as my sign in and passwords do not match. I have rang them and the lady I spoke to said I can email a defence, only I don't know which defence to use as this is all such an untidy mess. BACKGROUND In 2008 I had no debts owned a business and lived in Staffordshire, by 2009 because of my husbands infidelity we had moved to Wales where my family was, he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent. In Dec 2009 there was a bad split with hubby the police were called so I remember the year quite well. I had been overdrawn since June/July and did not service the account with any funds at all I did however ring Lloyds and speak to them explain my situation. The account remained in arrears, got passed from them to their debt department. Spoke to them, I was in a dire situation barely covering my rent. they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop then the account went over the arranged overdraft letters started, etc. however in all this time I never paid into the account. Eventually in late 2010 they issued a default, the debt was bantered between solicitors then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this. I have also read they are supposed to service you with ongoing statements, had one or two of them over the time period to date but not regularly. I have now received a CC claim from Hoist, but never heard of them, had no letters or anything. I have checked my credit file on both Noodle and Experian Lloyds TSB debt is showing as SETTLED - on 30/06/2014 The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date and not showing as being sold to anyone. the only thing they all seem to agree on is the default date. Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder) but have mislaid all my bank statements from Lloyds in the last move ( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form on the original LLOYDS TSB terms and conditions agreement it clearly states: 10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft you would have broken the term of the account and you must pay the agreed amount immediately so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt Please help need some information fast as need to email defence tomorrow or day after Many thanks in advance PS........ pulled all the info off the site and read a lot of threads, it been a great help so far