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Hello, my name is Jim and I am a qualified lawyer happy to help you today.
If they have a copy of the loan agreement it still demonstrates to the court there is a binding agreement for the loan.
In terms of the claim, you need to login to the money claims site and defend the claim - your defence was that you paid the debt and as such there is no merit in the claimant's claim. Did they use the money claim site or the paper method? If the latter then you need to fill in forms N9 and N9B (copies attached) and return to the court.
Would you like to have a go at drafting the response and show me so that I can guide you?
I see, thank you for clarifying.
You should still defend the claim being made - under Section 78 of the Consumer Credit Act they have to provide a signed agreement. If they do not and they issue a claim then you can defend it as I said earlier. The court will consider whether they have or have not breached Section 78 and each case is different. Based on the facts of your situation I would be defending it.
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