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Anniebella

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  1. I filed my defence over the weekend on MCOL without any problems Then this morning thought......did I need to submit the proof of posting for the CCA CPR requests?
  2. I'm worried now.....I called the court and asked which date was my deadline and she said 20th I assumed filing online would allow me until midnight of that day I'm never lucky so I'm quite sure there will be more to come on this one Thank you very much for your time and efforts it is really appreciated I will make a donation
  3. There is a new paragraph space between Agreement and A default But must be a typo I shall add your #4 My time runs out Sunday at midnight Am I best to file my defence on MCOL just before that time? Also is it wise to send a paper version to the court for Monday a.m delivery?
  4. Thank You DX I have amended one that seems ok to me Your thoughts? 4. Paragraph 3 No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated The defendant cannot establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.
  5. I need a some help I have been reading threads for hours and hours and now starting to panic as I'm running out of time and I cant find or workout a suitable response to their paragraph 3 Could somebody that knows what they are doing have a read through my attempt and point me in the right direction for my response to P3 ?????? This is my revised 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 that in the past I have had financial dealings with Tesco Personal Finance. Given the age of the alleged agreement I do not recollect the precise details and believe the claimant has failed to provide the particulars of its claim. I have therefore sought clarity from the Claimant by way of a section 78 request and a CPR31.14. 3. Paragraph 2 is denied that any legal assignment or Notices of Assignment has been served pursuant to the Law and Property Act 1925 Section 136 as stated by the Claimant or by Tesco. 4. Paragraph 3 ????????????? 5. Paragraph 4 is denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. 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 any breach and service of a default notice/termination 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. On receipt of this claim I requested from the claimant a CPR 31.14 and a section 78 for copies of any documents and the agreement referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to either my section 78 request or CPR 31.14 and remain in default of my 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, as 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 icon 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.
  6. Thanks Andy Ok I kind of understand a little more I figured that my approach was to deny/dismiss everything and let them prove otherwise £9800 includes their fees/costs I will carry on searching for more suitable threads
  7. I have searched through many threads and I feel this is the most suitable Being a complete novice and having never done a defence before....Is this all I need to put? I assume I can do this on MCOL and not send in physical papers? Thank You in advance Particulars of Claim 1.This claim is for the sum of £9800 in respect of monies owing under an agreement with the account no.XXXXX pursuant to the consumer credit act 1974(CCA) 2.The debt was legally assigned by Hoist Portfolio Holding Ltd (Ex Tesco Finance) to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. 4.A default notice has been served upon the defendant pursuant to s.87(1) CCA 5.The claimant claims 1 The sum of £9800 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 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 in the past had financial dealings with Tesco Personal Finance PLC .I do not recollect the account number or alleged debt the claimant refers to having failed to adequately particularise its claim.I have therefore sought verification from the claimant by way of a section 78 request. 3.Paragraph 2 is denied I am unaware of what account the claimant refers to. 4.Paragraph 3 is denied I am unaware of what account the claimant refers to. I do not recall receiving any Notice of Assignment which the claimant fails to date or inform or ever having being approached pre litigation with regards this alleged debt. 5.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 any breach and service of a default notice/termination 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; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents and the agreement referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default of my request. 7. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as 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 icon Act 1974. 9. 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.
  8. Yesterday we sent off our requests for CCA and CPR We now have 48 hours to file a defence I have read through various other threads and I am now completely confused Could someone help in writing a defence or is there a suitable template?
  9. Thank You for your time and advice I have already registered on MCOL and started AOS (luckily on the 19th day) I ticked defend all From your templates I have now just structured the CCA request and CPR 31:14 Hopefully I have managed to do this correctly??
  10. Sorry just found that monthly payments of £10 had been paid to Fredrickson upto April 30th 2013 I guess they must have been acting on behalf of Tesco
  11. Although Tescos say last payment was made in May 2013 no payment has gone out of my bank account I have searched back as far as online records show (2011) and I had made no payment to them at all How can this be?
  12. Many apologies for the vague answers I have been hiding from it all Unfortunately Tescos says I made the last payment at the beginning of May 2013
  13. Name of the Claimant ? Hoist Finance UK Holdings 2 Date of issue 18/12/2018 Particulars of Claim 1.This claim is for the sum of £9800 in respect of monies owing under an agreement with the account no.XXXXX pursuant to the consumer credit act 1974(CCA) 2.The debt was legally assigned by Hoist Portfolio Holding Ltd (Ex Tesco Finance) to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA 4.The claimant claims 1 The sum of £9800 2 Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Maybe/unsure as never open post 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? What is the total value of the claim? £9800 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 ? Before Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. Account assigned ?? Were you aware the account had been assigned – did you receive a Notice of Assignment? Maybe/unsure as never open post Did you receive a Default Notice from the original creditor? Maybe/unsure as never open post Though not showing on credit file Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Maybe/unsure as never open post Why did you cease payments? Major debt problems What was the date of your last payment? I think 2012 Was there a dispute with the original creditor that remains unresolved? No I dont think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No
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