Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    just use the std holding def please
    why adapt it????????????

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  2. #62
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Particulars of Claim

    1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about Nov 30 2012

    2. And assigned to the claimant on Sept 24 2015

    PARTICULARS a/c no *****************84845
    DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

    Defence

    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.

    1. Paragraph 1 is accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

    2. Paragraph is denied I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt.

    3. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond.

    Therefore the Claimant is put to strict proof to:

    (a) show how the Defendant has entered into an agreement with the Capital One; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show evidence of service of Notice of Sums in Arrears
    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

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

    5. 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 crediticon Act 1974.

    6. 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.

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  3. #63
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Quote Originally Posted by dx100uk View Post
    just use the std holding def please
    why adapt it????????????
    I don't understand that. Sorry.

    I am really worried that I have the dates wrong, so will use this defence tomorrow morning with any amendments suggested.

    Can anyone confirm a: this is OK to use, and B: that I just copy the bit from the word Defence onward and paste it somewhere online? (IE No particulars etc.)

    Thank you all so much - I must admit I have been more stressed than ever lately. Hoping this will change once I get this all done.

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  4. #64
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    The defence in post #62 is correct...I keep amending your attempts and you keep posting it back reverted ...hence I unapproved your last post.

    You dont submit the red particulars.

    Andy

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  5. #65
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Thank you Andy,

    Sorry for being a bit dim - I should have realised.

    I've ha no replies from either restons or cabot - I guess that's not necessarily a good or bad thing?


  6. #66
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    No thats the norm as per the other 1000s Restons threads

    We could do with some help from you

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  7. #67
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    All done - now to wait and see. But at last there is nothing I can do for a while, so should be able to stop worrying until I hear.


  8. #68
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    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Nothing to worry about even if you do hear..

    We could do with some help from you

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