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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

linzi2011

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  1. linzi2011
    Hello all, it has been a long time but after ignoring all their requests for me to prove the account was statute barred, the claim has finally been discontinued I had a Notice of Discontinuance today and they are now closing their file. I am hoping this means there will be no more claims started against this debt now. A big thank you everyone who helped me and I hope this post may help someone else in the future
  2. linzi2011
    Thank you Andy. I will wait to see what their next step will be, hopefully them saying they are discontinuing the claim lol Linzi x
  3. linzi2011
    Hello i have just received the above letter from Restons and I am not sure what to do. I thought it was up to them to prove it isn't statute barred, not up to me to prove it is? And surely if they had this evidence they would be pushing on with the court case not giving me two weeks to prove why it is SB? Do I reply? and if i do...what would i say to them? Still not heard back from cabot regarding the CCA yet. Thanks in advance Linzi x
  4. linzi2011
    Hello citzenB, Yes I submitted my defence last night, I went the statute barred route. Hopefully they don't have anything to prove it isn't, I'm guessing if they told me on the phone it was due to be sb'd in August this is why they have done the claim now. I am sure if i did send the £1 payment to them it would have been close to this time from the little bit of paperwork i have, so could have just been a tactic they use to try and put people off defending the claim. Thank you for all your help, I will let you know as soon as I hear from them. Linzi x
  5. linzi2011
    Where is says "The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied." Do i put in the amount they are claiming where the x is? Thank you so much for your help, i know i have messed this all up. I will send off the CCA request to Cabot in the morning Linzi x
  6. linzi2011
    and it doesn't appear on my noodle credit file
  7. linzi2011
    Ok so should i file the defence on the grounds it is statute barred and let them prove it isn't?
  8. linzi2011
    It was only in a telephone conversation they said it wasn't statute barred. I did send a CCA request off but they sent it back and said unless it was signed then they wouldn't be sending me anything. Apparently it is their "in house rules"
  9. linzi2011
    I am not sure, i did make £1 postal order payments to some companies in 2009 when i was going to do a payment plan with the national debtline. I can't remember if they were included in that, that might be why they say it isn't statute barred until august because that would fit with the timescale. Would they have the proof of that payment? This is why i went the CCA request way because I can't be 100% sure it is statue barred and if I go the sb'd way is that not admitting the debt so i couldn't use the CCA?
  10. linzi2011
    I honestly don't know, looking at the date i would have to presume it is the same debt. I have done this recently, and successfully which is why i thought i could handle it myself, that was until i received the letter mentioned in an earlier post in this thread, just after dinner today.
  11. linzi2011
    Thank you dx100uk. I stupidly thought I could do it all myself, how wrong was I?! Sorry for making this a rushed thread. Linzi x
  12. linzi2011
    Is there anyone online that could let me know if the defence I wrote in an earlier post will be sufficient for this claim please? I only have until 23.59 to get my defence completed and sent off. thanks Linzi x
  13. linzi2011
    Yes, which is why i am now panicking lol, i was fine until they sent my CCA request back. Planned on sending my defence earlier this afternoon. Still not clever enough to go it alone...i can be stupid at times ha. Linzi x
  14. linzi2011
    ok thank you citizenB. The date of issue is: 9th Jan 2015. I did phone the court earlier to double check the date i had to get the defence in by Linzi x
  15. linzi2011
    I neither admit or deny and have no recollection of any agreement. I have no recollection of the debt to be assigned/purchased. I have no recollection of any agreement with Capital One. I have sent the claimant a CCA request, which they have failed to provide. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Is this any good for my defense? I need to get it sent off tonight as it has to be there by tomorrow Linzi x

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