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57alan0

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Everything posted by 57alan0

  1. Thank you to everyone that have provided advice and guidance - very much appreciated.
  2. Received a letter from Mortimer saying they have been instructed by their client to discontinue proceedings and they have enclosed the Notice of Discontinuance.
  3. Well - a year on and after several begging letters we are now offered a 75% discount !
  4. Just over 4k, it seems they have pulled the debt back from jc acquisitions and given me the difference.
  5. Update - I have received a cheque today for £3 and a few pence from CCUK Finance. No letter of explanation just a Monument compliment slip - I guess this means end of?
  6. Thanks dx, the figures are about right and just to make sure I was doing it correctly I have followed another example on this site. I guess I'll have to wait and see if I get a response as Wednesday is the 28th day - the letter did not say I had to do anything.
  7. yes they have provided the ppi payments and dates. I have found the compound interest calculator and once I've run for every payment I have to enter each result again with the 8% simple interest calculator - could be here some time. What do you think of the t&cs?
  8. I'm sure I have seen an interest calculator somewhere on the site - I'll have a go. Just one other thing, in the t&cs for the offer it states - there will be no refund if the customer never enrolled in the product - pretty obvious really any court order placed on the account - would the claim form count as a court order or would this be post judgment?
  9. In the letter headed final response they say that without admission of liability they are prepared to repay the fees at compound interest at today's rate + 8% statutary compensation. They will arrange for a cheque to be sent within 28 days if there is a credit balance.
  10. The ppi refund they have suggested exceeds the alleged debt but does not cover interest or court cost that have been applied in the claim.
  11. Here's an interesting one. In thread #12 I mentioned a final response notice from Monument with an offer to refund PPI premiums. I have today received a notice of reassignment from Monument reassigning all of JCs rights etc back to Compucredit CCIS (Monument). Makes me think they are one of the same. Where does this leave the claim?
  12. Hi Oleg This is the defence I have submitted. Defence 1. 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. 2. I have in the past had financial dealings with MONUMENT VISA from Barclays. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. I am unaware of what account the claimant refers to nor ever recall receiving any Default Notice or termination notice pursuant to the CCA1974. 4. I do not recall receiving any Notice of Assignment from the assignee pursuant to the LoP1924 5. 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 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; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as 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. 9. 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.
  13. just to add a little more confusion the account was originally Providian. Defence filed - will update when I hear anything. Thanks guys.
  14. Hi dx - could you check over my defence please? (all thanks to Andy - you guys are stars and a credit to this site). Particulars of Claim 1.The Credit agreement provides the account may be transferred to another organisation which is licensed under the Consumer Credit Act 1974 (CCA) incl. organisations outside the EEA. The Claimant is licensed by the FCA to carry on consumer credit related activities in the UK..The agreement provides it is subject to English law and jurisdiction of the English Courts. 2.By an agreement between the parties regulated by the CCA, MONUMENT VISA from Barclays (the Assignor) agreed to provide credit card services to the Defendant the card number being xxxxxxxxxxxxxxxx. 3.In breach of the agreement the Defendant failed to make the required payments. 4.The Assignor issued a default notice and the contract was terminated. 5.By agreement in writing dated xx/xx/2011 the Assignor assigned the debt to the Claimant AND THE CLAIMANT CLAIMS The sum of £x,xxx interest pursuant to S69 of the county court Act 1984 namely xxx continuing at 0.xx daily until judgment or payment Defence 1. 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. 2. Paragraph 2 is noted. I have in the past had financial dealings with Monument. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 3 is denied I am unaware of what account the claimant refers to nor ever recall receiving any Default Notice pursuant to the CCA1974. 4. Paragraph 4 is denied I do not recall receiving any Notice of Assignment from the assignee pursuant to the LoP1924 5. 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 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; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as 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. 9. 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.
  15. As in other threads I too have received a "final response following my recent correspondence" from Monument offering a refund of Payment Break Plan including charges and interest - although I have to say this is something I intended to pursue. I sent off a CCA request to JC but nothing to Monument. To date I have had nothing back from JC or the sols for my CPR31.14 request. Need to start work on my defence.
  16. Can someone confirm the date by which I need to file my defense please? Claim dated 17th December 2014.
  17. Claim acknowledged, CPR and CCA requests in the post.
  18. get a CCA Request off to the claimant JC International or LRC? - JC is the name on the claim form. when was the last time you paid/used the card? Last made a token payment in May 2011 is this on your credit file? It does not show on Noodle or Experian - there is an entry for Raphaels Bank (CCRT UK) Satisfied debt assigned (03/11) but nothing for JC International.
  19. DAte Of Claim : 17th December 2014 What is the claim for The Credit agreement provides the account may be transferred to another organisation which is licensed under the Consumer Credit Act 1974 (CCA) incl. organisations outside the EEA. The Claimant is licensed by the FCA to carry on consumer credit related activities in the UK. The agreement provides it it subject to English law and jurisdiction of the English Courts. By an agreement between the parties regulated by the CCA, MONUMENT VISA from Barclays (the Assignor) agreed to provide credit card services to the Defendant the card number being xxxxxxxxxxxxxxxx. In breach of the agreement the Defendant failed to make the required payments. The Assignor issued a default notice and the contract was terminated. By agreement in writing dated xx/xx/2011 the Assignor assigned the debt to the Claimant AND T HE CLAIMANT CLAIMS The sum of £4,000 Interest pursuant to S69 of the County Court Act 1984 namely 250 continuing at 0.xx daily until judgment or payment. What is the value of the claim? £4k Is the claim for a current or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Acquisitions LLC Were you aware the account had been assigned – did you receive a Notice of Assignment? No - Circuit Financial Solutions chasing for Compucredit was the first indication that the debt had been sold. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None at all Why did you cease payments? Financial difficulties What was the date of your last payment? May 2011 Was there a dispute with the original creditor that remains unresolved? I have yet to make a claim for miss sold PPI Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I did inform them (verbally) that I was having problems keeping up with regular payments
  20. Hi Guys Could I have some advice please for a claim form that arrived dated 17th Dec? It's for an old credit card with Monument that has been assigned to JC International Acquisitions LLC (whoever they are) it seems early 2011. It has done it's rounds with several DCAs and more recently to LCR who have offered discounts of 60% and 50% and because I have not taken the bait a claim form! I have previously refrained from claiming PPI miss-selling on the account on the grounds of letting sleeping dogs lie. I know I must acknowledge the claim but where could the PPI claim come in to play?
  21. Hi Andy The only communication I have had from the court is a letter (23rd July) to say they acknowledge my defence and a copy has been sent to the claimant's solicitors and they have 28 days in which to proceed or else the claim becomes stayed. They would than have to apply to the court for an order to lift the stay.
  22. Is it possible for them to try and proceed without producing the documentation I have put them to strict proof to provide? I would have thought that if it existed they would want pursue for the full amount.
  23. That's exactly what I thought and so I think I might ignore on this occasion.
  24. What's your thoughts on this one guys- letter from Mortimer - their client is willing to offer a 40% discount and I've got 14 days in which to accept - if I comply they will send me a Tomlin order. When I asked to make arrangement on a Tomlin order they rejected. Mmmm.
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