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gill5blue

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  1. 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 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement on which its claim relies upon. On the 01/04/2004 the defendant signed an application form for a 'AA' credit card. On the back of the application form, there are terms and conditions numbered 1 to 1.6 and referencing a term and condition 8.2. this term (8.2) is referred to but not on the back of the application form. Full Terms and conditions were not present at the time of applying but were supplied later 04/06/2009 after being requested, the terms and conditions supplied on 04/06/2009 are different to the terms and conditions in the witness statement. there is no valid agreement between the claimant and the defendant 3. Paragraph 2 is denied, their date is incorrect. On the Saturday 20/06/2009 an invalid Default notice was issued. The date of the Default Notice Letter is 20/06/2009 and to pay 'before the 4th July 2009' The Consumer Credit Act 1974 section 88 specifies : A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed. The earliest I could of received the default would have been 22/06/2009 and 14 days after that is 06/07/2009. I was not given 14 days, therefore the Default Notice is invalid. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 F Therefore with the court’s permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. 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. the text size seems to be all over the place
  2. Andy, my post 124 The question I would have liked to be answered is Is it important that they think the date of the default notice is nov 2009, but I received it june 2009. It seems odd to me Gill
  3. Well I don't really know how to answer that Andy. Maybe you could answer the question in post 124 Gill
  4. Hi to the three members viewing my thread, I have spent all day creating my defence, and printing off what I needed to. I have removed as much info from my threads as I could, because felt it could be linked to the case and as I felt I wasn't getting the feedback in time. It is now not needed Cheers Gill5blue
  5. Hi, I would like to edit some of my previous posts but the edit button is not there. How do I edit the posts Gill
  6. Hi, Is there anybody available to give feedback? I have done the draft as above and ready to print out adding the poc of course and relevant paperwork Cheers In advance Gill
  7. 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 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement on which its claim relies upon. On the 01/04/2004 the defendant signed an application form for a 'AA' credit card. On the back of the application form, there are terms and conditions numbered 1 to 1.6 and referencing a term and condition 8.2. this term (8.2) is referred to but not on the back of the application form. Full Terms and conditions were not present at the time of applying but were supplied later 13/03/2009 after being requested, but there is no valid agreement between the claimant and the defendant 3. Paragraph 2 is denied, their date is incorrect. On the Saturday 27/06/2009 an invalid Default notice was issued. The date of the Default Notice Letter is 27/06/2009 and to pay 'before the 11th July 2009' The Consumer Credit Act 1974 section 88 specifies : A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed. The earliest I could of received the default would have been 29/06/2009 and 14 days after that is 13/07/2009. I was not given 14 days, therefore the Default Notice is invalid. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 F Therefore with the court’s permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per _Civil Procedure_ (http://www.consumerforums.com/resources/legal-guides-and-manuals/53-small-claims-procedure-a-practical-guide.html) Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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_* (http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?423-Consumer-Credit-Sourcebook-(Conc-FCA-rules)) Act 1974. 6. 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.
  8. In their particulars of Claim they put that the default date is 04/11/09, but the default letter I have is dated 27th June 2009 (I don't think I got this until May 2010). Also the November date is in the WS, would this be important? I don't think they have a copy of the Default notice, I think they are guessing. I have a copy of the Default notice Gill
  9. ---Quote (Originally by dx100uk)--- you URGENTLY need to send a NEW CCA request to 1st credit by recorded delivery and a CPR 31:14 to the sols. it matters not what *you* hold its what the *claimant* has and they must be forced to produce it dx ---End Quote--- I did this and they produced the same as before, 'Application Form' Why did I have to resend? Gill
  10. ---Quote (Originally by dx100uk)--- you have until Thursday you said in post 85 please stop panicking. there is no rush dx ---End Quote--- I have to post it Tuesday to make sure it gets there by Thursday Iam at work all day Monday and Tuesday, so I only have today Sunday to sort it out Gill
  11. Hi I have edited post number 115 I shall read this later and tidy it up and add the claimants poc and post off to the court. Any suggestions to improve on my defence will be very welcomed Thanks to the people who inputted on this thread Would there be any court buddys around the end of March- luton court Gill
  12. Hi Is there anyone at all out there that can help, I feel so alone, and I 'm getting nervous. Please if anybody can input something that wouild be great help Gill
  13. Hi, This is what I've come up with so far, I will add more later but I thought I would get some feed back. I have read threads, mind I didn't think to search for moon beever) I do appreciate this is a self help forum and I am trying to do it. It does seem that if I ask I get pointed to threads, which have been discontinued?1? so not at the stage I am, and if I don't ask and do it myself, I get told why didn't you ask earlier...Please I need a little bit more help. 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 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement on which its claim relies upon. 3. Paragraph 2 is denied, On the Saturday 27/06/2009 an invalid Default notice was issued. The date of the Default Notice Letter is 27/06/2009 and to pay 'before the 11th July 2009' The Consumer Credit Act 1974 section 88 specifies : A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed. The earliest I could of received the default would have been 29/06/2009 and 14 days after that is 13/07/2009. I was not given 14 days, therefore the Default Notice is invalid. It follows that to Assign a debt there has to be valid default notice in place. Hi
  14. Hi I have some questions: Can I use point No 1? Does that apply to me? Are the poc vague and generic?
  15. ####Defence#### On the 1st April 2004 the Defendant signed an Application Form for a 'AA' Credit Card. On the back of the Application Form, there are terms and conditions numbered 1 to 1.6 and referencing term and condition 8.2, this was missing on the application form. 1a) Full Terms and Conditions were not present at the time of applying but were supplied later when a request for a Consumer Credit Agreement in April 2009 under the Consumer Credit Act 1974 (Sections 77-79). 1b) The Application Form does not contain the amount of credit applied to the account, which is a requirement under the Consumer Credit Act 1974 (Sections 77-79 need to check) for an Agreement. 1c) In their Witness Statement, they also refer to the document as a Application Form and not an agreement. Therefore it is my belief they have only supplied an Application Form and not an Agreement under the Consumer Credit Act 1974 (Sections 77-79 need to check) for an Agreement. ) I'm struggling with wording the defence. dx I looked at that thread and I have received a lot of documents, that person didn't. Help please, I feel like I am running out of time. I have my head in m y hands and I'm surrounded by paperwork
  16. Hi Thankyou,Im working on the defence now Questions-----Do they need turn up with the 'original' Agreement or are the copies I receive acceptable? The terms and conditions have no date or name on them-so you cannot tell who/what they are related to. Should they have some idenfying mark on them in relation to the agreement?
  17. Hi dx, thanks for the link, I do read read, but a lot of them are 'discontinued', so haven't gone back to court. I have looked honest. Some of them are quite old too, I do read about invalid default notices, does this not apply now? My feelings are it should apply and I would put it in my defence, may make them 'discontinue' because they don't know if the judge will agree or not. The judge has been lenient so far Gill
  18. 1.The claimant claims the sum of £13k for debt and interest. 2.On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999. defence-on the 01/04/2004 the defendant signed an application form for a 'AA' credit card. On the back of the application form, there are terms and conditions numbered 1 to 1.6 and referencing a term and condition 8.2. this term (8.2) is referred to but not on the back of the application form. 3.On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k the Default notice is invalid due to the dates specified not giving the defendant enough time to remedy by. The letter is dated Saturday 27th June 2009 and states arrears must be paid before 11th July 2009. The law states-ill add that later 4. the debt was assigned to st credit for the sum of £12k. 5.Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. 6. Full Terms and conditions were not present at the time of applying but were supplied later but there is no valid agreement between the claimant and the defendant How is that for starters? Gill
  19. Hi, Help please, how do I start wording my amended defence, I'm sittining here not sure where to start Gill
  20. Hi dx, We have received a letter from the court now. It states, Mr.... raising matters not included in his Defence. It is ordered that to send to the claimant and the court an Amended Defence with a signed statement of truth setting out each and every point he wishes to raise in defence to the claim I shall work on an Amended defence Gill
  21. Hi Shall I send in an amended defence and witness statement, then I see it as I'm covered.? Gill
  22. Hi, I understand about the amended defence but what is a signed statement of truth? Gill edited-just found it doh
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