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stephenXL

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About stephenXL

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  1. Balance outstanding £1210 Credit remaining £790 Effectively had the rug pulled away.
  2. Just a piece of information. Barclaycard dropped a letter to me in the post today. Dated two days ago. Saying: We know this might not be ideal, but we've had to lower how much you can borrow on your Barclaycard. So on 25/03/2020 (today)your credit limit will change from £2000 to £1300. I have always managed this card well, always made minimum payments, plus more every month. As a vulnerable person(as we all are at this time) it hasn't taken long for financial services to take action to make themselves less vulnerable has it? Seems likely to me that any of us who may have other credit cards need to be aware of these moves. stephenXL
  3. Update: letter from Howard Cohen. Dated 03032020 (yet still no sign of the "requested docs") We acknowledge receipt ..................CPR 31:14......docs mentioned in our POC We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate. Yours faithfully Howard Cohen & Co Do they have the authority to grant such extensions to the due process. Checked MCOL: Nothing to this effect posted there.
  4. Ok thanks. Small update. Local postman dropped this through my door about 20minutes ago. Form N271 Notice of transfer of proceedings. (To our local County Court) Mediation Team unable to arrange mediation at this time. This claim has been transferred CC Hearing Centre blah blah for allocation Now have to await the Judges directions. Any traps we could fall into here? Thanks StephenXL
  5. I suppose my ex wants to understand why they seem to have immediately withdrawn the offer of mediation appointment altogether. The other points are: No response whatsoever to CPR31:14 requests. (What are the timeframes?) Flat refusal to offer to backdate any single occupancy calculations. They have known for a long time about her health issues too. Only when those issues/recalculations are resolved would there be acknowlegement that the rest is owed. As for myself: I don't feel I owe them anything. That's most likely some distorted thinking on my behalf. Which is why I need your advice. Thanks StephenXL
  6. Latest update: My ex has become very anxious about an email received from scmreferals@justice blah blah. Sent on the 11th March Arranging a mediation appointment between Southern Water Services and Herself for the 1st April. less than a few minutes later another email arrived saying this scmreferrals would like to recall the message, "Mediation Appointment Offer (PM) - Claim Number:XXXXXXXX She is now feeling somewhat paranoid that if she does not respond to the first email she could lose out. Your thoughts please
  7. My Ex came on the phone yesterday, completely stressed out, very upset. She had just received a bill demanding that the whole amount (over £4000 with latest bill added) needs to be paid immediately. Which frankly is not very helpful, and again shows that SW have taken no action whatsoever to acknowledge her mental health and vulnerabilities. Let alone flagged up the litigation. Spent ages trying to reassure her. My guess is that it was automatically generated. we can formalise a complaint to stop any further direct communication from SW outside of the Court/Mediation process? Thanks stephenXL
  8. Defence entered up online with MCOL Lets wait and see. Thanks stephenXL
  9. Thanks Andyorch. Point taken. How should we edit point 2? Edit the first sentence: Paragraph 1 is noted. The Defendant has had past financial dealings with Barclaycard. Strike out: Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to etc.. Would the defendant be able to suggest that the amount claimed is now un-enforceable? Just to clarify for me to have a better understanding please. Who is the Claimant in this case? Hoist or BC?
  10. Not sure about the protocols again. Have had a go at drawing up a defence on the basis of a lack of paperwork from the Claimant. Not entirely clear with arguements 7 and 8 Hope you can 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 noted. The Defendant has had past financial dealings with Barclaycard . Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 is denied. Defendant denies having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. Defendant denies having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 4 That this debt was formally assigned to Hoist Portfolio Holding Ltd is denied. The Defendant denies ever receiving any Notice of Assignment. 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, therefore 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 how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. 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 Thanks stephenXL
  11. CCA and CPR sent. Can you point us in the direction please for filing a "holding" /defence due to the lack of any paperwork? Any help greatly appreciated. stephenXL
  12. I have seen to the N180's. They will be sent out well within the timeframe, probably Friday afternoon. My ex just needs to sign hers first. Thanks for all the help.....as always. stephenXL
  13. Are we now reliant only on the CCA etc.. Or is it goodnight Vienna.
  14. Latest update: He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020 Is he skewered? No supporting paperwork? CCA and CPR waiting to go. What next? Thanks stephenXL
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