Hi all, Very new to this forum but have read dozens of the threads and hope I have followed the correct protocol. I have sent a CCA Request to the claimant and BW Legal, no response yet I have sent a CPR31.14 request to the solicitor named on the claim no response yet I have done the AOS via the online portal stating I will be defending all of the claim. ************************************** Name of the Claimant ? Lowell Portfolio 1 LTD Date of issue – 15th Jan 2015 What is the claim for – the reason they have issued the claim? The claimant’s claim is for the sum of £1648.00 being monies due from the Defendants to the Claimant under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the defendant and JD Williams & Company limited under account Wxxxxxx and assigned to the Claimant on 04/01/2013 notice of which has been given to the defendant. 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. The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.30 from the date of assignment of the agreement to 04/01/2014 being an amount of £109.80 What is the value of the claim? Amount claimed 1498.00 Court Fees 70.00 Solicitor’s costs 80.00 Total amount 1648.00 Is the claim for a current account or credit/loan account or mobile phone account? Home shopping Catalogue When did you enter into the original agreement before or after 2007? 01/07/2002 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 Did you receive a Default Notice from the original creditor? Not Sure but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? Account dispute, erroneous charges added for items not received What was the date of your last payment? December 2009 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a dept management plan? NO Background An “account” was set up over the internet in 2002, no CCA was ever received or signed by myself. The account was operated frequently for a period of 7 years with no issue, with the credit limit increasing over this time to £3,500. In Dec 2009, ordered items failed to be delivered, Fashion World failed to accept this despite there being no proof of delivery. At the time Fashion world used HDNL as their couriers who were well know to misplace parcels and leave them on door steps etc. Months of arguing perused, with me refusing to make any further payments until the errors on the account were corrected. Lots of threatening letters and harassment phone calls over most of 2010, resulting in me having to change our phone number. Throughout this I maintained if the account was corrected I would recommence the payments. Balance at this point was around £500. Eventually letters stopped. In early 2012, as a result of having a credit application refused, I checked my Experian credit file. It was at this point I found out that Fashion World had marked a default on my file on Dec 2012. At this point I became aware that the dept may be unenforceable due to the manner that the account had been set up. I wrote to again to Fashion World advising them that despite my believing the dept to be unenforceable, I was prepared to pay off the original amount on the proviso that they removed all record of the default from my credit file. I also at this point requested a copy of my agreement. This letter was not responded to. No other correspondence was received in relation to this account until I got the Court Claim on 20th Jan 2015 followed by a letter the next day (dated 19/01/15) from BW Legal advising “we have now issued legal proceedings”. I understand that I now have until 16/02/15 to submit my defence, which is where I need some help. From what I have read, I believe the agreement was not properly executed so cannot be enforced through the courts. Is this correct and if so what parts of the law should I be citing in the defence. Would it also benefit to state that the assignment had occurred whilst the account was in dispute or would that be acknowledging validity of the agreement. Any Help would be appreciated, Thanks