Heretolearn
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Hi I have received a letter of claim/ Before court action from overdales solicitors ( Lowell ) regarding a very account which I took out over six years ago, asking for my outgoings/ request to set up a payment plan I had defaulted , It was passed to Lowell , I came here , did the usual , gathered info , requested CCA which they did provide from Very, I set up a token payment plan...for some strange reason this was stopped on their side...midway through last year , I got letters sent saying now you have cleared this debt ??? (still owed a substantial amount) and why not pay the other outstanding accounts on a CC and a mobile bill they hold ... .on those I have always requested a CCA but that's never appeared , so have ignored them on those two. ..should I request another CCA on the Very account ?
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Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
Hi anyone help keep getting the below no matter how many times I put a signature in on mol site The following errors have occurred: Signature is required. its ok , called , sorted -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
Okay , Hopefully final draft (kept missing CCA Request out) 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 and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. 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, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. 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 / CCA Request 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
Updated draft 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 and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. 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, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. 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 / CCA Request 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
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 and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. 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, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. 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 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. Updated -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
okay here is my defence guys 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 and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. 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, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. 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 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
Cheer Good Morning Any hints on what to post as defence thanks -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
Cheer Cheers Andyorch -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
oops yeah it is the 21st -
Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.
Heretolearn replied to Heretolearn's topic in Financial Legal Issues
Hi good day , defence day is nearing , as issue date was actually 21st, as yet only corespondence Ive had is mortisers saying they have passed the request on to the claimant... damm predictive text....mortimers not mortisers !!
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