strongdumplin
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Hi all Just a quick update on this. Today I have received a letter from capquest. We write further to the above matter. Our records indicate that you have not responded to our letters dated 20/09/2017 & 28/12/2017. On a commercial basis, and to minimise the costs of litigation, we shall not be proceeding in this case. Please be aware however, that the debt remains due and owing, and we shall continue to report the default pertaining to this case to the credit reference agencies, until the expiry of the same. Should you wish to remedy the default, we invite you to contact us on the number below to discuss options for payment. Not sure what this means... Regards Strongdumplin
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Hi all I know I should of posted my defense up first, but I panicked and did it today to make the 4pm cut off time. I hope I've not messed it up.. particulars of claim 1. the claim is for the sum of £517.68 in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number ********** upon which the defendant failed to maintain payments 2. a default notice was served upon the defendant and has not been complied with. 3. the balance owed was assigned from shop direct to the claimant and the defendant has been notified of the assignment by letter. 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 noted. I have had an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant. Furthermore ,I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago. 2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. On the 22/08/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 4. 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 how the Defendant has reached the amount claimed for; and © Show and evidence any breach and service of a default Notice which it refers to in their particulars; (d) 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. 6. 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. 7. 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. Strongdumplin
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It's private let. Though an agent called tottalylet. All he said to her was that they are not allowed to have a baby in the house and that they had to leave asap. When see asked what that meant he said Monday or the end of the week at the latest. I think she said it was a rolling 6 month tenancy. So a Shorthold Tenancy I believe. Strongdumplin
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She has live there with her partner and been for about 4 years, renting a room. She and has been out of hospital for about two weeks. The letting agent came round to show an empty room and kicked off, to the point she stated crying. Told her had to leave by Monday. Then said the end of the week. As far as I'm as I know all rent is put to date. I just don't know what the tenancy rules are with her living in an HMO. Are children allowed ext. And would they have to serve a section 21. Strongdumplin
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