Jump to content

liz01

Registered Users

Change your profile picture
  • Posts

    283
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Hello. I gave my private landlord the 30 day notice on the 8th April, meaning we should be out of here on the 8th May, hand keys back etc. He can’t be here that day or the day before, as he’s away, so we’ve agreed the Saturday 4th as handover, but he’s wanting me to pay upto the 8th May! Am i in my rights to say to him, you can’t be here that day for handover, so why charge me the extra four days? Rent should be due on 22/4, so do I give him 13 days or the 17 days? Any advice most welcome please. Thank you.
  2. Ive today received from the court notice of proposed allocation to the small claims track, it is now a defended claim (£300!!), the defendant has filed a claim, a copy of which is enclosed has been crossed out! What do I do now please? do I accept mediation? I'm disabled and have a serious illness and just cant afford to pay this, if Im forced to pay can I get it reduced and offer so much per month? also does this mean I will get a ccj registered?
  3. Thank you but unfortunately I don't have a scanner but ive had a letter this morning saying the client is proceeding to claim, what does this mean, that I get a ccj? its only £300! can I still defend in that ive received no letters apart from the court one??
  4. Hello, ive received a letter back from Moriarty today, dated 21/22/2017, saying please find enclosed documents to your query. most of it contains printed out documents on T & c's etc and responsible lending ! also enclosed is a copy of a letter I apparently was sent saying of the account being sold to MMF in 2015. one page with letter states the fixed sum loan agreement dated and with my name on it, the claim was issued on the 16th October, I acknowledged claim on the 25/10/2017 and submitted the defence on the 10/11/2017. I sent the cca and cpr requests on the 26/10. do I need to do anything? ive checked mcol and last thing on there was my defence. thank you
  5. can someone please check, claim was dated 16/10/2017. I need to submit defence tomorrow the latest? thankyou
  6. no account number showing, particulars are exactly as on claim form. thank you
  7. Thank you Andy. The defence is good to submit please?
  8. Hello, ive had a claim from mmf for an alleged debt to lending stream, ive sent the cca and cpr requests and logged into mcol to prepare my defence, which I think is due in next two days?? details as follows. Name of the Claimant ? motormile finance Date of issue – 16/10/2017 What is the claim for – 1.The defendant owes the claimant £217.50 under a regulated loan agreement with lending stream ltd, dated 23/07/2013 and which was assigned to the claimant on 23/12/2014 and notice of which was given to the defendant on the 23/12/2014 (debt). 2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £217.50 and further claims interest thereon pursuant to section 69 of the county court act 184 limited to one year to the date hereof at the rate of 8% per annum, amounting to £17.40 What is the value of the claim? £309.90 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? payday loan/ lending stream When did you enter into the original agreement before or after 2007? after according to claim, 2013. 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. mmf 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? no not that I recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no not that I recall Why did you cease payments? alledged date is 2013? What was the date of your last payment? 2013 Was there a dispute with the original creditor that remains unresolved? no, don't recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I may have done as this is the year my husband and I split up so really am unsure. my defence?? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and lending stream? Motormile finance? 2. The defendant did not pay the instalments as they fell due & the agreement was terminated. 3. And apparently its been assigned to the claimant, for the sum of £234.90 with possible court costs = total £309.90 Defence The Defendant/s 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 noted I have in the past had a contractual relationship with lending stream, however the claimant fails to reference any agreement number on which it claim relies upon and fails to comply with CPR 16.4. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; 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, 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed. do I also add this new part now for this claim? The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. thank you for any help and id appreciate if someone could let me know if this defence is ok to submit today? thankyou again
  9. brilliant, thank you all so much, ill submit my defence this afternoon.
  10. Hello, ive just spoken again, more successfully this time,to shop direct in Aintree they can find nothing with the account number provided by arrow, they did a check several ways, with name and address etc too just to check, the only one they pulled up was another old account with last payment on that being received in 2008! they have nothing with the account number provided on the claim. assume I can do a statute barred? this has to be done by 4pm tomorrow? any help please. thankyou
  11. there is nothing on my credit reports showing any accounts with shop direct, so surely it has to be over 6 years ago?? also rang shop direct who couldn't supply me with any details at all, very vague and not at all helpful.
  12. that's great, thank you, so just change the poc and the rest is all good to send as defence? thankyou
  13. Hello, ive sent all the cpr and cca requests off, only heard from dysdens so far! that they are in the process of obtaining the necessary documents! is the following ok now to submit for my defence please? needs to be submitted by Thursday? thank you Thankyou all for your help, I'm today sending the CCA Request to Arrow? and drysdens for the CPR? Is the following ok for the defence please? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Shop Direct 2. The defendant did not pay the instalments as they fell due & the agreement was terminated. 3. And apparently its been assigned to the claimant, for the sum of 1332.17 with possible court costs = 1482.17. Defence The Defendant/s 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. in that I have, in the past, entered into an agreement with shop direct, however I do not recall the exact details, as it was many years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement/contract; 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, 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed
  14. great thank you, ive filed the response on MCOL and posting the cca and crp today, that's it for now? whats the latest date I have to file my defence please?
  15. Thankyou all for your help, I'm today sending the CCa request to Arrow? and drysdens for the CPR? Is the following ok for the defence please? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Shop Direct 2. The defendant did not pay the instalments as they fell due & the agreement was terminated. 3. And apparently its been assigned to the claimant, for the sum of 1332.17 with possible court costs = 1482.17. Defence The Defendant/s 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. in that I have, in the past, entered into an agreement with shop direct, however I do not recall the exact details, as it was many years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement/contract; 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, 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed. Thank you
×
×
  • Create New...