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eoghan

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We could use some help ...

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About eoghan

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  1. Forgive my ignorance - what makes you think that?
  2. It's still showing as active: Your acknowledgment of service was submitted on 06/01/2019 at 10:42:13 Your acknowledgment of service was received on 07/01/2019 at 01:04:57 Your defence was received on 25/01/2019 And at the bottom where it says "Applications" Set Aside Applications entered electronically (most recent at the top) None So what do you reckon? And still no response to CCA Request - that was back on the 7th Jan.
  3. Hey folks, still no response since the letter above. Is there anything I need to prepare or put together? Thanks.
  4. It was addressed to me, but the "Your Claim" bit, I thought was a odd.
  5. Hi Guys, Please find attached the response from Reston Solicitors who are acting on behalf of Cabot. I missed this in the post and only discovered it today. I really need to check my post as it comes in. Thoughts? Thanks. RestonsResponse20022019-1 1.pdf RestonsResponse20022019.pdf
  6. Yes on reflection, it is perhaps a little OTT and misguided. Hoping the CAG can help me through this. So I guess I’ll just have to wait for their response.
  7. Hi Here’s what has been submitted. Cheers. Claimants POC: 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and New Day dated on or about Nov 9 2016 and assigned to the claimant on Aug 9 2018. 1.1. THE CLAIMANT THEREFORE CLAIMS £1190.72 + costs of £70.00 + £80.00 DEFENCE 1.The Defendant contends that the particulars of the 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. a) There is no contract between New Day and the Defendant(s) and the Claimant has failed to provide proof in any correspondence with the Defendant(s) despite the request to do so. Allegedly New Day were "sold a Marbles CC debt" but were unable to provide proof of allocation and the matter was closed. It would transpire they have subsequently sold the alleged debt to Cabot Financial who were also asked to provide proof of allocation and to date have failed to provide said proof and to return the Security Instrument upon which this alleged debt was formed on payment of the alleged debt. b) I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt. c) The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes need to be furnished by the Claimant to validate any alleged indebtedness on the part of the Defendant. Respectfully, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached: a. The deed of assignment b. The notice of assignment c. The default warning letter d. The default notice 2.The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocol. Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3.Paragraph 1 is noted. I have in the past had financial dealings with Marbles CC. However, I am unaware of what alleged debt with New Day the claimant refers to having failed to adequately particularise its claim and have had no banking business whatsoever with New Day or the Claimant. 4.I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31.14, the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show and evidence the breach and that a Default Notice was issued pursuant to Sec 87.1 CCA1974; d) show how the Claimant has the legal right, either under statute or equity to issue a claim; e) is able to furnish the defendant with the original (not a copy) Security Instrument on settlement of the alleged debt: f) is able to provide a certified true copy of the Deed of Assignment g) A true and certified copy of the consumer credit agreement/contract subject to section 77 of the Consumer Credit Act 74 and also comprising The Consumer Credit (Prescribed Period for Giving Information) Regulations 1983 [sI 1983/1569] 6.On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their non- compliance to my requests have frustrated my attempts to clarify their claim and failure to comply with pre-action protocol should be considered when the question of costs arise and whether or not this claim should proceed at all. 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 thereof. 10.A "Notice of Irrevocable Estoppel by Acquiescence" was issued to the claimant on 26 AUG 2018 for failure to provide proof of agency in this matter. A copy of which will be provided at any future hearing. 11.The Defendant also contests Jurisdiction and respectfully request that if any hearing is to proceed that the case is moved to the Bournemouth County Court. 12.If the court feels that the Claimant has no claim due to their inability to provide the evidence requested the Defendant respectfully asks the court to issue Stay Of Proceedings. This defence is hereby certified as true to the best of my knowledge.
  8. Thought I hadn't but just went through my folder to see what's been posted out to them and yes the CCA request is in there, sent on the 7th Jan and to date has been ignored.
  9. Thanks. Will post tomorrow.
  10. Hi, I have today received a letter from Cabot chasing a debt from an old Aqua card I defaulted on back in 2016. It's the first letter, there's no other information in there, no notice of assignment, nothing. Is there an initial response letter I can send to them. Cheers.
  11. Name of the Claimant ? Cabot Financial Date of issue – 5th January 2019 Date to acknowledge) = 24/01/2019 date to submit defence = 07/02/2019 Particulars of Claim 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and New Day dated on or about Nov 9 2016 and assigned to the claimant on Aug 9 2018. 2.THE CLAIMANT THEREFORE CLAIMS £1190.72 + costs of £70.00 + £80.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't Recall. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No. Did you inform the claimant of your change of address?N/A What is the total value of the claim?1190.72 ( I was thinking of another account), the letter I've referred to is a new claim... so, I'll start a new thread for that. This amount is for an old Marbles Card, they new letter is for an Aqua card. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC When did you enter into the original agreement before or after April 2007 ?After 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?Yes 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't Recall 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 ? Don't recall. Why did you cease payments?Entered financial difficulties What was the date of your last payment?Unsure. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes over the phone only and it was rejected. to date I have responded to the claim inside the time allowed by filing the AOC, the CPR to the solicitors (they haven't sent back any information as per the request) and the defence has been filed and acknowledged receipt by the court. Sthe letter I have received today is in fact for another account, apologies for the mix-up. But at least this thread is now up to date. Cheers.
  12. Thanks Andy. Was originally a Marble CC, due to financial difficulties the payments defaulted and a sum of £207 is owed. I am not in a position to repay. Eventually the court claim came through and as per the advice in the links above and a few others, I formed a response and am now awaiting a response from the court. But in the meantime they sent me this letter asking me to pay, so just wanted to check if they were allowed to do that? Cheers.
  13. Hi Folks, Been disputing a debt with Cabot for some time and eventually it has been issued as a claim to which I have responded as per the guidance in the forum. Very helpful thank you. So back in December 2018 I filled out my AOC and then 31CPR and then my Defence. Today I received a letter from Cabot chasing the debt asking me to pay, are they allowed to send me a letter to collect when it has now been escalated to a court case? Where do I stand? Any thoughts, guidance, greatly and warmly received. Thanks.
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