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Vampyra

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Vampyra last won the day on December 4 2007

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  1. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. Vampyra

    Cheque charges

    This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  6. This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  7. Vampyra

    Is it valid?

    This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  8. This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  9. Ok. He's had a letter stating Coen had got its one month. Should he be reminding them of the lack of CA requested and possible SB? From what I have read, Coen probably won't contact him during this time.
  10. I had court papers in October 2015 from Restons on behalf of Cabot Financial (UK) Ltd. I put in a defence and requested CA and stated I believed the debt to be SB. Just before Christmas 2015, Cabot sent me a letter saying they could not find the original CA and as such any alleged debt was "unenforcable". Today I get a letter which says: "We have been instructed to write to you regarding the above matter. We note from reviewing your account that you have not withdrawn your Defence, nor has a payment arrangement been agreed. Due to the time which has elapsed since the proceedings were issued, our Client has asked us to remind you of the detail regarding the outstanding debt. The current outstanding balance is *jellybeans* which relates to the Aqua card facility with account number *chocolate coins*. Our clients records indicate that the account was opened on or about *mint crisps* 2008. In line with the Terms and Conditions which governed the account, the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights and benefits under the account to a third party and that right was exercised on *Quality Street* 2011. Our client has asked us to explore the possibility of a settlement being achieved without the need for this litigation to continue and is therefore is willing to enter into a payment arrangement that is affordable and sustainable by you. We kindly ask that you complete and return the attached financial statement within the next 30 days, confirming what your offer of payment is. If you wish to settle the matter by way of a lump sum payment our client may be able to offer you a discounted settlement figure. Please contact ourselves on the above telephone number if you wish to discuss settlement of your account or have any queries relating to your account. Yours faithfully *Toblerone*" I gather it's a fishing trip?
  11. Sorry mate. Can't pm from my phone but defense down to me. Copied one which I used before. On the defense they quoted CA I remember that. I know this would be easier if "someone" actually got and dealt with this with longer than a day to send this off. This DQ for has to be sent snail mail does it? Can't be uploaded with the rest of the stuff on MCOL?
  12. Sorry Andy been busy. Will try to get this info over to you a bit later today. Thank you. Defence DEFENCE STATEMENT IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: ******** BETWEEN: Hoist Portfolio Holding 2 Ltd CLAIMANT And Person DEFENDANT DEFENCE 1: I received the claim ******** from the Northampton County Court on **/**/2016. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5: It is my contention that any alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980. 6: The Claimants statement of case states that the account was assigned from MKDP LLP (Barclaycard) to Hoist Portfolio Holding 2. The Defendant does not recall receiving notice of this assignment. 7: It is denied that MKDP LLP (Barclaycard) served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 8: On the **/**/2016 I sent a request to Howard Coen & Co for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14. Robinson Way on behalf of the Claimant have confirmed Howard Coen & Co will provide copies of the Agreement & Notice of Assignment. 9. Howard Coen & Co have not sent any of these documents to me. 10. On the **/**/2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section s77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee. 11. The Claimant has failed to comply with s78 Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim however they have failed to do so. 13. On **/**/2016 I received a letter from Robinson Way on behalf of the Claimant, agreeing to a general extension of time for Howard Coen & Co to provide me with relevant documentation to evidence their claim however they have failed to do so. 14. Under Civil Procedure Rule 16.5 (4) where the claim includes a MoneyClaim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 17. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Signed Person Date **/**/2016 As usual I have not been given the Claim Form so do not have the particulars. Have just asked him and well, we shall see. Will scan in and post their Draft Directions. For your information. Hoist draft directions.pdf
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