OK,

Sorry I am confusing you, I did as you mentioned before I have completed online and defended all.

However on the Defence and Counterclaim form there is a section 3.

Defence which I have not completed because unsure of what to put in.

Mashmallow

ok

you have till midnight mon 18th aug to file a defence

for now WAIT but DONT miss the date.

have you send lowells a CCA request?

to get the TRUTH about last payment

it might pay tou to send JDW an SAR

ok it might not comeback in time

but then it might.

always worthy to get as much info from every source.

dx

Thanks

I have sent the CPR31 and CCA,

Mashmallow

Be in touch once again thanks

They have responded to the CPR and basically saying their client is not agreeable to an extension for filing my defence???

Mashmallow

you didn't ask for one

you file by midnight Monday 18 regardless

if they have [so far]

not returned your CCA request [you did send one didn't you?]

and the CPR

then this thread is useful to read.

http://www.consumeractiongroup.co.uk/forum/showthread.php?428750-Mortimer-cabot-claim-form-fashion-world-cat-debt&p=4584797#post4584797

Yes I have today because I did not have the money

Hope not to late

I did send a cca but not sar but as said i will sent the sar today

ok well as stated the sar is side issue as the details might not come thru in time

its not important just another method offinding last payment for sure

p'haps useful later for PPI/PENALTY charges which I bet you have.

ok you await now

to see if they come up with any paperwork from the CPR/CCA

the CCA the more important one

the CPR they don't have to reply too the CCA they must.

if then by the time you need to file

you base your defence around whats in that linked thread.

but GET IT CHECKED HERE FIRST!

DONT MISS your file date WHATEVER HAPPENS.

if you go read around afew of the 'cat' claims listed in the forum your are inc

you'll see that cater 'on the majority of occasions' folds.

DX, I am going through various threads, to me it seems they just buy debts with no backup and go to court, what sort of orgainsation are they allowed to run without question?

Once again thanks for your help

Any further info I will post up

its called easy money.

the judge wont look at anything

and just rubber stamp it

called a default judgement.

that's why defend all +submit a defence works

it puts them to strict proof.

dx

DX,

Coming to the 18th soon no correspondence from anyone as yet, please don't forget me.

Mashmallow

you have a week yet

as long as you have

completed AOS

sent CCA and CPR

all you can do is read this forum

LOTS of like cases

dx

thanks DX

I have a small issue, I cannot access the MCO because I have miss placed my log in details so therefore will have to fax over defence form on Monday, I have read a few postings on the defence letter plea could you advise if it is the correct one.

Particulars of Claim

1.THIS CLAIM IS FOR 484.36 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND OR GOODS

2.THE DEBT WAS ASSIGNED TO/PURCHASED BY LOWELL PORTFOLIO ON 3/1/2013 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS

RE: J D WILLIAMS

A/C NO XXXXXXXX

AND THE CLAIMANT CLAIMS 484.38

THE CLAIMANT ALSO CLAIMS interest PURSUANT TO S69 county court ACT 1984 FROM 3/1/13 TO DATE AT 8% PER ANNUM AMOUNTING TO 59.37

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2.Paragraph 1 is noted. I have made purchases in the past with Shop Direct but any alleged balance is and remains in dispute.

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,Furthermore a request was made pursuant to the CCA1974 section 78 and as at this date the claimant has failed to comply and therefore in default of said request, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement 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;

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6.On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.[/indent]

You have not posted their particulars of claim so its impossible to check if the defence is suitable.

Regards

Andy

Andy,

Thanks for your reply I really do not understand all this where would I get this info from, please let me know and I will get back rapidly

mashmallow

The particulars of claim is on the N1 Claim form......what & why they are claiming.

Regards

Andy

I also sent a cpr and a cca request which i have had no response

thanks

mashmallow

Thats fine Mash

I have added the particulars to the defence and numbered so now your defence makes sense.

Asking if a defence is correct without their particulars is like asking is the answer correct without telling us the question:wink:

You will note I have amended your point 2 slightly from agreement to purchases.

Andy,

So its ok to send my defence as post 45? I just want to make sure what I am sending

Thanks

If it is truthful and you are happy and understand your pleadings....then its your decision.Are you happy with point 2?

Andy,

Point 2 is correct I have made purchases with JD Williams

Point 3 I don't understand as it states I am unaware of any legal assignment or notice of assignment allegedly served over 3 years ago

Sorry to be a pain in the xxx

Mashmallow

Andy,

 

 

Point 2 is correct I have made purchases with JD Williams

Point 3 I don't understand as it states I am unaware of any legal assignment or notice of assignment allegedly served over 3 years ago

 

Sorry to be a pain in the xxx

 

Mashmallow

Thats why I asked for your particulars as the defence you copied from another thread is unique to their claim......you must edit the defence fit your particulars. I have now amended point 3.

Have you ever received a Notice of Assignment from JD to Lowells or visa versa?

Andy,

Not that I can recall, so seems ok now (I hope)

Mashmallow