helping a friend out

she's being taken to court about a old cfo loan now mmf now lantern

we filed to say we fighting it and asked for all the info you need like credit agreement etc .

No response off them

defence needs to be in asap.

But not sure on this what we need to put

any help be great thanks

. P.s no payment ever been made

it's around 4yrs old and

also when first took loan out they just increased and increased without a payment in return she also lied about working but never checked.

Please post up the claim form in pdf format.

Also please fill this out

I.ve only a phone so how do I do that

Copy and paste the q's in the 2nd link here and answer each q

We dont need to see the claimform forget that

Thread moved to Financial Legal Issues Forum ..please continue to post here to your thread.

Thread title amended

Regards

Andy

I wouldn't have thought any DCA would have touched a CFO loan

Hi sorry for late response not been well

put in defence as no paper work

also was irresponsible selling no credit checks where done or employer checks

letter came today saying client is proceeding with claim . m

Got defence of bailiffs debts and bills site she did .

What do she do now

it's lantern Drs limited now

so do I take it she needs to go to court

she's not well

has really bad morning sickness 24/7 H

Has aspergers so hates confrontation of any kind

she's panicking now.

Please post a copy of the defence submitted.

Andy

Please post a copy of the defence submitted.

 

 

Andy

1. The Defendant denies that he is indebted to the Claimant whether as alleged at all.

2. The Defendant contends that the Claimant is in breach of Rule 16.4(a) of the Civil Procedure Rules 1998 in that the Particulars of Claim do not set out a clear and concise statement of facts upon which they rely.

3. The Claimant has failed to identify or plead a date the cause of action allegedly accrued.

4. There are no details as to when the alleged default occurred, the degree of default, the Defendant contends that the pleadings are wholly inadequate and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and Civil Procedure Practice Direction 16.

5. The Claimant has failed to comply with Practice Direction 16 Pre Action Conduct in that it

a. Failed to set out the basis on which the claim is made;

b. Failed to provide a clear summary of the facts on which the claim is based;

c. Failed to detail what the claimant wants from the defendant;

d. Failed, if financial loss is claimed, provide an explanation of how the amount has been calculated;

e. Failed details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

f. Failed to list those documents upon which the claimant intends to rely;

g. Failed to state the date by which the claimant considers it reasonable for a full response to be provided by the defendant;

h. Failed to afford the Defendant the opportunity of requesting copies of those documents prior to the filing of a Defence

i. Failed, knowing that the Defendant was unrepresented to refer the defendant to this Practice Direction particularly in respect of paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction;

j. Failed to warn the defendant that ignoring the letter before claim will lead to the claimant starting proceedings and may increase the defendant's liability for costs.

6. The Defendant denies receiving a Notice of Assignment pursuant to the Consumer Credit Act 1974 from either the claimant in respect of the alleged agreement, or the original creditors, and puts the Claimant to strict proof by providing a certified copy of said Notice as referred to in the Particulars of Claim.

7. The Particulars of Claim are lacking detail and do not identify any specific item, service or goods to which the Defendant is allegedly indebted nor do they specify when the alleged agreement was entered.

8. The Claimants claim form fails to adequately or even accurately set out the nature of the claim

9. The Defendant contends that the Claimant has failed to attach any documents to the Claim Form as required.

10. The Defendant demands by reason of the provisions of Civil Procedure Practice Direction 16 para 7.3 that the claimant does provide a certified copy of the alleged executed written Agreement referred to in the particulars of claim, as the Defendant does not recall signing such document.

11. The Defendant reserves the right to replead their Defence should the claimant replead its claim adequately.

12. The Defendant denies being served a Default Notice / Notice of Termination of Agreement pursuant to the Consumer Credit Act 1974 by the original creditor for the alleged agreement and puts the Claimant to strict proof by providing a copy of said Default Notice / Notice of Termination of Agreement as referred to in the Particulars of Claim.

13. Section 87 (1) of the Consumer Credit Act 1974 states as follows:-

a. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

14. The Defendant denies signing any agreement with the Claimant and demands the claimant provide a certified copy of the Deed of Assignment signed by the original creditor, the Defendant & the Claimant, as proof they have the right title and interest to pursue the alleged debt.

15. The Defendant demands that in accordance with s.136 (1) of the law of property act 1925, that the claimant do provide proof of absolute assignment, by providing a certified copy of the Deed of Assignment between the original creditor and the Claimant to show proof of complete transfer and ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the Law of Property Act. As referred to in the Particulars of Claim.

16. The Defendant avers that the Claimant’s pleadings are an abuse of process.

17. The Particulars do not identify any cause of action.

18. The Claimant is put to strict proof.

Far far too much !!

why didnt you Use our std defence in any pdl claimform thread?

What date did you file that?

Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?

I was ill she panicked, was told they was good to help, then they stopped helping her ,now they going ahead with the court case. No clue what to do now.

Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?

Didn't know there was one sorry

What date did you file that?

30th June I think it was give or take a day

Next move is theirs

They have 28days

I take it you've not yet received an n180?

Direction questionnaire?

From the court?

No nothing yet

when she gets that come back for advise is it ,

what I do know is they put it on her credit file as a default pretty recently then they closed it so looks paid i don't understand that .

Thanks for the help by the way

You need to get reading up on things..cag is self help too

When the OC sold the debt.

They default it, then mark it £0

There should be an entry from mmf showing the same defaulted date and the true bal

You need to get reading up on things..cag is self help too

 

When the OC sold the debt.

They default it, then mark it £0

There should be an entry from mmf showing the same defaulted date and the true bal

Cfo never done a default on her credit file that much you can see but mmf did and month later marked it as closed which I find really weird .

Nope only the oc can register a default

Not a debt buyer

Ignore the cal section if thats what you are looking means nothing

Ok thanks I.ll wait on questionnaire and get back to you thanks again

Right court papers arrived today saying it comes under small claims and if you want to do mediation to try and sort it also questionnaire to fill out. What should we do please

N180?

N180?

Yes n180

need to read up whilst you await things to happen

plenty of threads here

you should be doing that so you know what to do.

yes to mediation

yes to small claims track

State your local county court

1 wit you

the rest is obv

3 copies

1 for your file

1 to the court

1 to solicitors [you can omit sig/phone/email]

Ok thanks will read up on things and if unsure of anything if it's ok I.ll ask you

that's what we are here for...