wolfgang5
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Hello, I'm trying to find out who's responsible to ask the question "where as the money gone " if large transactions repeatedly appear on the deceased account prior to their death. There's a probate solicitor appointed by the the deceased in the will, 2 executors, lots of missy money drawn out of accounts prior to death. Should these be investigated by the probate solicitor
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Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
iv done it. it shows on the MCOL form so i take it its done phew i can breath now i think !!. i do hope that its over. Andy your a star, i dont now how i would have got through that without you and this site. A MASSIVE MASSIVE THANKYOU I will keep you posted as to happens next. i will be making a donation through the paypal. kind regards to all Wolfy -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
IT wont post , it say no icons !!!!! ive took them out and still wont move on say icons -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
thank you so much Andy. do i just copy and past that now. sorry in no kids at home to help me with IT stuff, in a compleat novice -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
is it ok then.are they right to add that before its gone to court. What do i do now ? Does my defence cover enough Do i just copy and past the defence i put in above or am i needing to change anything, Im really panicing now -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Is this what your refering to, This on the other side, the Amount claimed Amount claimed 9613.07 court fee. 190.00 solicitor costs 100.00 total amount 9903.07 -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Hi Andy, What do you need me to clarify, what's WG -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Hi CAG guy's, I know most people are at work right now but was wondering if any of you experts at this sort of thing could look at my above claim and defence . I know I'm last minute, it's to be in today but iv just kept redoing it over and over when reading more threads that seemed more related. PLEASE HELP -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Hi Andy,Today is my last date for filling my defence, I hope you have time to just give this a once over. iv spent many many hours reading your other defence letters and put this together Particulars of Claim 1.This claims is for 8741.34 he amount due under an agreement between the original creditor and the defendant to provide finance and / or services and/ or goods. 2.This debt was assigned to/ purchased by lowell portfolio 1 ltd on the 08/01/2013 and notice served pursuant to the law of property act 1925. particulars Re: Co-operative Bank A/C no : 00000000000000 And the Claimant claims 8741.34 3.The claimant also claims interest pursuant to S69 county court act 1984 from 08/01/2013 to date at 8% per annum amounting to 871.31 My Defence 1.It is accepted that I have had financial dealings with Co-operative bank in the past but have no recollection of the account details.It is therefore denied and the claimant be ordered to disclose evidence of any alleged outstanding balance. 2.I am not aware of any Assignment of any alleged debt nor have I ever received any Notice of Assignment pursuant to the law of property act 1925. 3.The claimant is denied section 69 interest to the value of £ 871.31 which they have included within the alleged debt it has yet to be judged and is at the discretion of the court to allow any interest. 4. On the 15th April 2014 ( signed for by solicitor on 16 th April) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 77/78 request. The claimant has declined to respond to that request and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement. 5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be spurious and without merit. 6. The particulars of claim are vague and unsubstantiated 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 or contract with the Claimant; 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; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. Furthermore, 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the consumer crediticon Act 1974. 9. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions". 10. 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. do i need to do any more, I await your advice Andy.If this is ok do i just leave it at that , regards Wolfy -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Hi The Mould,Thanks for that iv been trying to put this together over the last few hours,looking at all other threads. a valid statutory default notice on pursuant to s.87 (1)CCA1974 ???? Dont think so, lots of the usuals threat o grams. iv never had defaulft from BC/lowells is that what you mean regards Wolfy -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Thank you very much for your speady response Andy, it's much appreciated. I will have a look now . I can't help but feel I need to do more! What happens after the defence is submitted, do the court decide if they've enought go further or should I prepare my self for the ordeal of going to court. Kind regards Wolfy -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Hi, im really struggling to find the right response to the letter from Bryan carter that doesn't mention the 77/78 request, it's now well past the 12+2 date, it was signed for on the 16th April. The only letter says that they provide everything they needed to to the court before the issuing the claim,this is courts protocol. I'm not sure how to put my defence , iv read lots of other threads but not found what I should put. Iv only 5 days to put the defence in now, please help. -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Will do , thanks Andy -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Hi Andy, I've had a reply from Bryan Carter . 1st saying that's it's on hold till he gets instructions from lowell then a 2nd on same day with lowell. now this says " we confirm protocol was followed when issuing the Northampton court bulk centre . direction 77 point 1.4 (3a) eliminates the requirement to attach the documents to the particulars of the claim when they are issued by the court. They confim my Acknowledgement They confirm they client is not agreeable to an extent on for filling a defence Please respond to the claim using the response pack from the court by the deadline to avoid default judgment . No mention of the77/78 consumer credit act. What do I do for the defence. Looking forward to your response -
Lowell/carter claimform - old Co-oP Loan
wolfgang5 replied to wolfgang5's topic in Financial Legal Issues
Done , got acknowledgement. Now on with the template letters . do I send duplicates to both BC and lowell
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