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Kingsbest

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  1. Claim History Your acknowledgment of service was received on 05/12/2022 at 08:05:36 Your defence was submitted on 16/12/2022 at 15:12:44 Your defence was received on 16/12/2022 at 16:05:05
  2. Hi Guys, So since we submitted the above it is now 9 weeks. We have heard not a dickybird from anybody. No doubt this is this good news? Regards
  3. I have looked at threads and done the Defence for my Mother as above, I believe we have until 4pm today to submit. If anyone can take a look then it would be appreciated Regards
  4. Could you take a look at the below please which I have done for my Mother : Particulars of Claim 1. By an agreement between Newday re Aqua & the Defendant on or around 16/10/2020 the (Agreement) Newday Re Aqua Agreed to issue the Defendant with a Credit Card. 2. The Defendant failed to make the minimum payments due. 3. The Agreement was terminated following the service of a Default Notice 4. The Agreement was Assigned to the Claimant, THE CLAIMANT THEREFOR CLAIMS 1. 1031.34 2.COSTS 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 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 in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with. 3. Paragraphs 2 & 3 are noted. Although I do not recall receiving a Default Notice /Termination Notice pursuant to sec 87 (1) the Consumer Credit Act 1974. 4. Paragraph 4 is noted. Although I do not recall the notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed. 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
  5. Just to confirm. We have sent both the letters running to the DCA and solicitor on Monday. I did the AOS as advised on 4th Dece/ Sunday eve for her. Regards
  6. Name of the Claimant ? Cabot Financial uk Ltd, 1 kings hill ave, west malling kent Date of issue – 15th November 2022 Particulars of Claim by an agreement between new day re aqua & the defendant on or around 16/10/2020 (the agreement) new day re aqua agreed to issue the defendant with a credit card the defendant failed to make the minimum payments due the agreement was terminated following the service of a default notice the agreement was assigned to the claimant the claimant therefore claims 1. 1031.34 2. costs Total value of the claim? 1191.34 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? after Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes Why did you cease payments? more important bills What was the date of your last payment? not sure but within the year Was there a dispute with the original creditor that remains unresolved? no
  7. Good evening, I am helping my mother with a Credit Card Claim form. She received a Letter of Claim but never opened it up as she was on holiday. Tonight, she tells me she has a Claim Form dated 15th November 2022!!!!! Is it too late to help her with this. Tbh she knows she owes the money. Any help appreciated it is from Mortimor Clarke on behalf of Cabot Financial.
  8. Can I now claim for costs, childcare , stress, time off work, travelling costs?? Would that be cheeky:oops:
  9. Ok here goes then...………… Turned up @ Guildford County Court. Sat in wrong bloody place!!!! for 15 mins...….. Went to right place & let Usher know I was there. 5 mins later usher came & said " The judge has struck out the claim as the claimant has failed to turn up " You will get confirmation in the post in 2-3 weeks. Thank you very much I said Goodbye
  10. On my way wish me luck fingers all crossed
  11. I have managed to get a babysitter. Can anyone advise what I will be asked & any format? regards
  12. Thank you for your advice in this matter. I paid the bailiff the remainder & sorted the debt out for my brother. Unfortunately he is still putting coke & crack cocaine up his nose. But at least my parents don't have the worry of the bailiff, now it will be the drug dealers!!!! Just had another fun day with High Court Bailiffs arriving for another debt!! Rang their office explained whole situation & they are going back to the claimant in this particular matter!! If it doesn't rain it pours Thanks again
  13. That's why I am mad I cannot attend. Any words of wisdom for my email to judge to help swing it in my favour possibly?
  14. Good Afternoon. Just updating this post to let you know I have a court date & its tomorrow morning. Unfortunately I cannot get any childcare to look after my two children. I have rung the courts to see if I could take them if they sit quietly but was told I could not. I was advised to send an email to Judge explaining the reason I could not attend. Would anyone have any words of wisdom that I could or should write to the Judge other than the reason? Do I mention anything about the case. I am gutted I cannot attend but I cannot change the circumstances. Regards
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