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Showing content with the highest reputation on 21/05/08 in all areas

  1. OK Bernie, you have to acknowledge the claim within 14 days of the date on the claim, as you will know non production of a CCA is a complete defence in itself. They are hoping you don't defend it and they will win by default....in the first instance, acknowledge the receipt of the claim, then send this letter below to the solicitors by RECORDED DELIVERY. (courtesy of PT2537) In the XXXX County Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this
    2 points
  2. as i thought......................................................... toilet paper:D
    1 point
  3. As scarletpimpernel says (if this is for a credit card) then without an enforceable agreement they haven't got a leg to stand on. If you have sent a s78 request and they haven't replied then they won't get anywhere as long as you defend it. With the letters they've sent you Imade a few comments:- Letter purportedly from HSBC on 23/7/07 – this mentions that debt was assigned on 5/7/07. It would be good to get sight of the actual deed of assignment to check that (you can request this if it goes to court). If the date is wrong then the notice is not effective. Letter of 25/7/07 from rwc saying notice of assignment is rubbish – it has to
    1 point
  4. Diane You don't necessariliy need ID for an SAR, only if they ask you. To get information under CPR18, you write a letter asking for the information saying it's under CPR18 and copyto the court. They don't actually have to comply unless the court orders them to. You can ask the court to make an order but that would involve another N244. You can also ask at the AQ stage.
    1 point
  5. hello all can anyone advise on my previous post with regard to proof of i d for a S.A.R request, also how would i go about getting information via a cpr 18 rules would i have to ask the judge directly at the hearing,or do i ask the claimant, i find all this legal stuff rather confusing, i certainly doesn't help,as i have retinopathy, (i'm blind in one eye & have partial detatchment in other which means i have to try to focus on text through,blurred vision & flashing lights), i have to get my son to help me read & type on the pc,so i apologise if i am asking questions that may have been answered elsewhere but its not possible for me to sift thro
    1 point
  6. Berniebobs The only thing I would add to the good advice above is make a copy of everything you send to Hodsons and send a copy to court with your defence using your case/claim reference numbers - with a covering letter explaining to Judge you do dispute what Hodsons are claiming on behalf of Cabots and that you have requested further information from Hodsons etc.. as per your Request as copied enclosed etc.. By copying the letters to Judge/Court you are showing you are seriously looking at this claim and trying to get answers etc.. - Judge will see the onus is on HODSONS to prove it :lol: Judge won't stand for their messing about at al
    1 point
  7. Hi, ive today received a letter from the solicitors saying ' We have recently received your part admission and kindly urge you to contact us to discuss the disputed amount claimed by our clients, HFO Services Limited. Please contact us on the number mentioned above so as to avoid futher time and costs involved with any impending litigation.' I disputed the claim with the court saying that there has been no Consumer Credit Agreement produced and that there may possibly be a substantial amount of excessive charges on the alleged account, and you have no way of defending an alleged debt without any proof being presented whatsoever. Basically what you
    1 point
  8. 1 point
  9. This letter is post #36 on page 2 of this thread. Need to tread carefully I think re press involvement at the moment. My Aunt would be terrified at the idea. Think she imagines being hounded by papparazzi............lol
    1 point
  10. No Germany doesn't. And this has been explained here in two separate posts (#18 and #19). Your continued repetition of this assertion will not make it fact. It can't be good law for the simple reason that it doesn't exist. Did you have any particular country in mind? So, relative to another thread, the lack of any speed limit on many parts of the German autobahn network is good law (and should therefore be extrapolated to all countries)? You perhaps. The world is complex and not black and white as it seems to appear to you. Others have conflicting viewpoints that are perfectly valid. However, it appears that anybody who questions yo
    1 point
  11. Hi guys Good defence Rahl. My only comment is perhaps to add something along te lines of "If the court is not minded to strike out the claimant's case, I respectfully request the court's permission to further amend this defence if and when the claimant complies with the request for information outlined in point 4." I've looked at the position of this thread and I think it is OK where it is. If you dpn't agree, click the red triangle again.
    1 point
  12. In the xxxxxxxx County Court Claim number Between xxxxxxxxxxx- Claimant and- Defendant Defence 1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants' particulars of claims do not appear to disclose any legal cause of action a
    1 point
  13. I think it depends on individual Job Centres whether they have a benefits section or not. IMHO it would certainly be worth calling in there to explain your situation, and if they can't help directly with issuing a letter, if you point out that the letter is URGENT, they may be able to get one faxed through to them from whoever is dealing with your benefits, which would probably be quicker than snail-mail. As I said before, if you can find the money from somewhere to pay, even if it's a loan from the DSS, you can claim it back, so you will not be out of pocket. Cheers Rob
    1 point
  14. Hi Diane. Please don’t give up – you can ask the Department of Social Security (DSS) for a hardship payment and request it be replayed at £5 a month, just outline the situation to them – I’m sure they will be able to help Regards LIBM
    1 point
  15. Regarding a set-aside, there must be grounds for this to be successful. DEFAULT JUDGMENT You may have a default judgment made against you where there was no hearing and you have not sent back the 'acknowledgement of service' form to say you intend to put in a defence. You may also have a default judgment made against you if you have not sent in the reply form asking for time to pay within the time limits. When must the court set aside the judgment? The court must set aside the default judgment if you: -have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; -sent back the ackno
    1 point
  16. Ok that should be enough time for you to get all of this on the right footing, yours not theirs Have you spoken to your local Citizens Advice Bureau? they can be a great help and might sort things out quicker because they can look at all of the documents and correspondence you have rather than us asking questions and giving our thoughts. whatever you do you will need to send both a Consumer Credit Act section 78 request (costs £1) and an SAR (costs £10) to the DCA to base your defence on.... and see what you get back, if you start to get close to your court date with no replies you can use the judges rules to get the information . pete
    1 point
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