Defence for Court claim received.

[Chris.Chris]

Hi,

Thank you for your response and support.
I have emailed a Without Prejudice Save as to Cost to the mediator.

Thanks

[echat11]

Hi,

Thank you for your response and support.
I have emailed a Without Prejudice Save as to Cost to the mediator.

Thanks

You send it to the Creditors solicitors (or the Creditor), not the mediator.

[Chris.Chris]

You send it to the Creditors solicitors (or the Creditor), not the mediator.

Thanks.
It has been sent to the creditors' solicitors.
I am patiently waiting for the court date.

[Chris.Chris]

Thanks.
It has been sent to the creditors' solicitors.
I am patiently waiting for the court date.

Hi,

I would like to update on my current situation and need advice on my next step, please.

I sent the `Without prejudice save as to cost` to the Claimants' solicitors. An email with 6 attachments was sent ( as compared to a previous email with 3 attachments).

The first set of documents(3) sent to me has a termination notice dated May 2019, but it was not addressed to me and only has my first name.
The second set of documents(6) sent after the mediation included the termination letter dated May 2019 and a Default letter dated April 2019. From October 2024, when I first sent a status-barred letter to the claimant and up to after the mediation in May 2025, they could not produce a default letter, but suddenly they can after we have been given a court date for the first week in October 2025.

The original loan reference is 1234567, and the said drawdown reference is A1234567B8989898 (the drawn down is the loan they are claiming for)
The Default notice has my full name and address, and the reference from the original loan.

My defence is based on the following
1. The said drawdown loan is status-barred. The said loan was issued in February 2017, and my first contact was with a letter of status barred in October 2014.
2. The Termination letter only has my first name, and was not addressed to me, but was addressed by the creditor, and addressed to the creditor. The Termination letter was dated May 2019. I never received this until after I sent the status-barred letter to them.
3. There is no evidence of my application for this drawdown loan.
4. The reference on the Default notice (which only just appeared after the Mediation) is for the original loan, which was paid off.
5. I never received any Termination/Default notice from the creditor within the 6 years of the said loan, and there is no proof that the notice was sent to me. Also, I have checked my credit files and there is no Default notice from the creditor ( Creditor has gone into administration), and the loan is well over 6 years and is not on all of the credit agencies.

Please forgive my rambling above, I need your advice on what to do.

Many thanks for your time.
Chris

[echat11]

1. The said drawdown loan is status-barred. The said loan was issued in February 2017, and my first contact was with a letter of status barred in October 2014.

I think you mean 2024, The important date is the Default date April 2019.

2. The Termination letter only has my first name, and was not addressed to me, but was addressed by the creditor, and addressed to the creditor. The Termination letter was dated May 2019. I never received this until after I sent the status-barred letter to them.

O.K.

3. There is no evidence of my application for this drawdown loan.

So they haven't provided a copy of the agreement.

4. The reference on the Default notice (which only just appeared after the Mediation) is for the original loan, which was paid off.

The Default is for the account, not individual loans.

5. I never received any Termination/Default notice from the creditor within the 6 years of the said loan, and there is no proof that the notice was sent to me. Also, I have checked my credit files and there is no Default notice from the creditor ( Creditor has gone into administration), and the loan is well over 6 years and is not on all of the credit agencies.

So you didn't receive the Default Notice.


Is the Default Notice they sent Compliant?

[Chris.Chris]

Hi,
Thanks for your reply.

1. So they haven't provided a copy of the agreement.

A loan drawdown summary showing the breakdown of the repayments expected for the loan was sent.

2. So you didn't receive the Default Notice.

Is the Default Notice they sent Complaint?

I did not receive this default notice. At the mediation, I informed the mediator that I had only received an uncompliant Termination notice. And they agreed to send the default notice. They did not send this notice until after I sent a without prejudice email to the creditors' solicitor. This Default notice has the following: Dated 2019 It contains the original creditor's details. It contains my details. It includes the amount of the drawdown loan, along with the dates. (Can I send this Default notice to you to read?).

3. 2 copies of the financial statement of the drawdown loan dated 2021 and 2022 were sent.

4. The CCA agreement for the original loan, dated August 2016, was sent.

[Chris.Chris]

Hi,
Thanks for your reply.

1. So they haven't provided a copy of the agreement.

A loan drawdown summary showing the breakdown of the repayments expected for the loan was sent.

2. So you didn't receive the Default Notice.

Is the Default Notice they sent Complaint?

I did not receive this default notice. At the mediation, I informed the mediator that I had only received an uncompliant Termination notice. And they agreed to send the default notice. They did not send this notice until after I sent a without prejudice email to the creditors' solicitor. This Default notice has the following: Dated 2019 It contains the original creditor's details. It contains my details. It includes the amount of the drawdown loan, along with the dates. (Can I send this Default notice to you to read?).

3. 2 copies of the financial statement of the drawdown loan dated 2021 and 2022 were sent.

4. The CCA agreement for the original loan, dated August 2016, was sent.

@ECHAT11,

Could you please advise on the above, which are the answers provided to your questions from the post preceding this one?

Thanks

[echat11]

1. So they haven't provided a copy of the agreement.

A loan drawdown summary showing the breakdown of the repayments expected for the loan was sent.

They need to provide a Credit Agreement.

2. So you didn't receive the Default Notice.

Is the Default Notice they sent Complaint?

I did not receive this default notice. At the mediation, I informed the mediator that I had only received an uncompliant Termination notice. And they agreed to send the default notice. They did not send this notice until after I sent a without prejudice email to the creditors' solicitor. This Default notice has the following: Dated 2019 It contains the original creditor's details. It contains my details. It includes the amount of the drawdown loan, along with the dates. (Can I send this Default notice to you to read?).

You can upload it to the site without personal details.
So it wouldn't be Statute Barred until December 2025.

3. 2 copies of the financial statement of the drawdown loan dated 2021 and 2022 were sent.

O.K.

4. The CCA agreement for the original loan, dated August 2016, was sent.

So they've provided an agreement, have they provided copy of Terms and Conditions, if the agreement has been 'varied'? i.e. APR etc.

[Chris.Chris]

1. So they haven't provided a copy of the agreement.

A loan drawdown summary showing the breakdown of the repayments expected for the loan was sent.

They need to provide a Credit Agreement.

2. So you didn't receive the Default Notice.

Is the Default Notice they sent Complaint?

I did not receive this default notice. At the mediation, I informed the mediator that I had only received an uncompliant Termination notice. And they agreed to send the default notice. They did not send this notice until after I sent a without prejudice email to the creditors' solicitor. This Default notice has the following: Dated 2019 It contains the original creditor's details. It contains my details. It includes the amount of the drawdown loan, along with the dates. (Can I send this Default notice to you to read?).

You can upload it to the site without personal details.
So it wouldn't be Statute Barred until December 2025.

3. 2 copies of the financial statement of the drawdown loan dated 2021 and 2022 were sent.

O.K.

4. The CCA agreement for the original loan, dated August 2016, was sent.

So they've provided an agreement, have they provided copy of Terms and Conditions, if the agreement has been 'varied'? i.e. APR etc.

Hi @ECHAT11

Thank you for your response.
The 6 documents are attached.
The Termination notice was sent after I requested documents.
The Default notice was only sent to me after I sent the without prejudice letter to the creditor following their non-response to the mediation

[echat11]

Hi @ECHAT11

Thank you for your response.
The 6 documents are attached.
The Termination notice was sent after I requested documents.
The Default notice was only sent to me after I sent the without prejudice letter to the creditor following their non-response to the mediation

Have they sent a Letter of Assignment?

[Chris.Chris]

Have they sent a Letter of Assignment?

I assume that the Letter of assignment is from the original creditor to me informing me that a third party (the claimant) now has the right to the repayment?

I did not receive this notification letter.

Thanks

[echat11]

I assume that the Letter of assignment is from the original creditor to me informing me that a third party (the claimant) now has the right to the repayment?

I did not receive this notification letter.

Thanks

It's known for both the seller and buyer to send a Letter of Assignment, so you know who the debt has been sold to, so you know who to pay.
So it looks like they haven't provided a copy of Letter of Assignment.

As for the documents, I'm not sure the Agreement has all the prescribed terms (will need to take a closer look).

Update when you get a Court date. You'll need to prepare a Witness Statement in good time.

[Chris.Chris]

A court date has now been fixed for October 3rd 2025.

[echat11]

Start on your Witness Statement, some examples here:

https://legalbeagles.info/forums/for...ness-statement

Posted for info only: https://hallellis.co.uk/preparing-witness-statements/

You will get the Court order (instructions / information) in the post, but don't wait for it.

[Chris.Chris]

Start on your Witness Statement, some examples here:

https://legalbeagles.info/forums/for...ness-statement

Posted for info only: https://hallellis.co.uk/preparing-witness-statements/

You will get the Court order (instructions / information) in the post, but don't wait for it.

echat11

I am drafting my witness statement and organising the documents. The witness statement has to be submitted on Thursday, and I intend to email it to the court and the claimant representative.

Have you been able to have another look at the loan agreement as mentioned in your last post, to check if it meets all requirements?

I received an email today, 18.08.25, from the claimant representative.
It reads:

WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Sir,

Following your recent review of the documents, we are open to resolving this matter by agreement and avoiding the need for a court judgment.

To that end, we are prepared to agree to a Tomlin Order which would allow you to avoid judgment being entered against you. This offer is made on the condition that we receive your confirmation by the end of today, together with a monthly payment proposal.

Please be aware that we are due to file our witness evidence tomorrow. Should you fail to serve any evidence in response, you remain at significant risk of judgment being entered against you, along with an order for the legal costs incurred in dealing with your defence.

We strongly encourage you to make contact with us today to discuss your options and avoid the costs and consequences of continued litigation.

I look forward to hearing from you by 4.30PM today.


Please, I need your urgent advice.

Many thanks
Chris