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SPUDDER99

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  1. Well Mediation has been and gone. they wanted the full amount and would not offer any reduction even for full payment within 7 days. Explained i have been waiting for ages for information regarding these amounts etc, they claimed they had sent it months ago?! Asked them if they had proof of postage which they didn't. They let slip to mediator that they have paperwork for 2 of the amounts but nothing they could send me for the 3rd, that made me suspicious whether they hold anything at all. The mediator said they were refusing to budge or provide anything to me and the mediator said he was very angry with them over this. we now stand at the point where they are going to provide me with details of everything they hold for these amounts, and we go from there.
  2. Just so i know where i stand - they can't comply with the time limit to provide the information, so what does that mean for the claim they issued, does it mean the claim can still go ahead?
  3. Ok thanks Andy, will stick to the main points and see what they suggest/come back with. I'll update you after it. One other thing i have now received a letter saying they are now asking the original creditors for the information i have requested in my defence, but say they cannot comply with the time limit to provide it.
  4. Directions Questionnaire received today (small claims tack)
  5. No, all i have had is the original court claim form which i acknowledged and then submitted a defence on 11th Sept, heard nothing else until now i've just had a letter dated 14th oct to say they intend to continue with the claim
  6. claim was put on hold because i submitted a defence, now they are going to continue their claim and try to blag that they have sent me the cca info i requested? The letter just received quotes Vanquis Bank, Shop Direct, and Home Retail Group Card Services as the creditors, no amounts against any of them just a combined balance. I Do not admit the debt because The debts may be statute barred The creditors have failed when requested to provide any copies of the agreement/statement of account under s77-79 CCA 1974 The creditor has failed to provide or serve a notice of assignment of the alleged debts The creditor has not provided a termination notice The creditor has failed to serve with the statutory demand a copy of any alleged agreements, statement of accounts, or default notices The debts are disputed due to a lack of any such agreements under s77-79 CCA 1974 The creditors have failed when requested to provide any copies of the agreement/statement of account under s77-79 CCA 1974 I am unaware of any legal assignment or Notice of Assignment These alleged debts may have recently been chased by a third party DCA for this debt for a totally different amount, which should not happen per OFT debt collection rules As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The demand was issued in breach of OFT debt Collection guidelines section 3.7 N, as a debt collection ploy where it has not been proven or ascertain if the claimant is entitled to enforce the alleged debt or that the defendant is liable for it There has been non compliance with an s78 request. The particulars of the claim are very vague (no original creditors are listed or named, neither are amounts, no assigned dates, default dates, etc) and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to (no particulars received under separate cover as specified) 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 c. show how the Claimant has the legal right, either under statute or equity to issue a claim As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
  7. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 11 Aug 2014 What is the claim for – the reason they have issued the claim? The claimant’s claim is for the sum of £xxxxxx. The defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the defendant under separate cover) pursuant to which the defendant agreed to pay the original creditors for services and/or facilities provided to the defendant. The defendant has breached its contractual payment obligations pursuant to the terms of the agreements, in respect of which the original creditors have notified the defendant of the breach and made demand for payment. The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the defendant. Despite demand having been served upon the defendant the defendant has failed to settle his/her outstanding liabilities. What is the value of the claim? xxxxxx Is the claim for a current or credit/loan account or mobile phone account? Not known When did you enter into the original agreement before or after 2007? Not known 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. Must have been assigned 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 that I am aware of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Solicitors are BW Legal. I'm aware that Lowell Portfolio 1 Ltd are part of the Lowell group but a separate company? If so would everything that should have been received previosuly have been from Portfolio 1 Ltd and not the main lowell group? I've now received a letter from them stating their clients intend to continue with the claim a nd a copy of the same to the court. Somehow the amount owing is now over £400 higher than on the original court form (after they had added heir costs on, so why the increase?) Also on this letter they state the 3 creditors and their ref numbers but no amounts split between them. I've previously asked for details of all debts months ago via the CCA1974 Section 77/78/79 request but have heard nothing. My defence was received by the court on 11th Sept and the letter received now saying they intend to continue is dated 14th Oct - is there a time limit from the time my defence is received? Sorry for the questions but with my health issues (of which i have a signed doctors letter confirming them - should i send that to Bw legal?) i'm slightly panicky!
  8. Oleg i will post the details later when at home, the link you put takes me to a missing persons page? Andy - does that mean they can't roll the 3 debts into 1 single ccj application?
  9. Need some advice please, had a county form come through saying i was going to be taken to court for a CCJ to be awarded against me. I sent a defence back saying the claimants had not supplied me with any details of what the debts are for etc, i did send a letter off asking for these details with a £1 p/o some months back but i've not received anything. I've now had a letter saying they wish to proceed with the claim against me. The court form which came did not state the debts individually on the details bit, it just said that there were numerous debts they were claiming for against me. How can i defend this when i don't know what the dents are and is their a problem with the court form because it didn't specify the debts or evens amounts? Any help would be gratefully received as i don't need this right now as i am on medication for depression along with high blood pressure.
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