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mikecymru

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About mikecymru

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  1. Thanks both. I don’t really want them ringing the bell either.. any active steps I can take?
  2. Hi everyone ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently. i want to ignore it but I’m not sure that’s the best thing to do? i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files. I have no idea what these people want and this is the 1st contact. can someone point me in the direction? thanks mike
  3. Small update; Court acknowledgement of the defence received. Sols acknowledgement of defence received and notification that the case is passed back to claimants "in-house" legal team.. Now we wait 21 more days...
  4. Thanks Andy. Filed. Lets see what happens next. Thank you all for your support. Mike
  5. Good morning Andy/DX. Thanks guys. If I read you right? Ill go ahead and post today, if you can confirm it would be appreciated. Thanks Mike Defence 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. 1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant. 2 .Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 5 years ago. On the 4/11/2016 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. I was informed in writing by the Claimants solicitors on the 12/11/2016 that the Claimant is unable to provide such documents at this time. 4.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; 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; 5.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.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 crediticon Act 1974. 7.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.
  6. got you thanks I'll wait for a bit until filing, just in case anyone has any comments about the regulated - non regulated agreement. thanks for your assistance Ford, its good to have help in these times. Mike
  7. Ive revised the defence to incorporate your comments Ford. It is strange about the non-regulated agreement, but that is exactly how the claim is written. Anyone else shed some light? Hope Its not too late to get a meaniful defence together, thought I had it nailed... Particulars of the Claim 1.The claim is for the sum of £4XX.XX due by the defendant under a non-regulated shop direct account with an account reference of XXXXXXXX 2.The defendant failed to maintain contractual payments required under the terms of the account agreement. 3.The debt was legally assigned to the claimant on XX/XX/2011, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £3X.XX The claimant claims the sum of £5XX.XX Defence 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. 1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant. 2 .Paragraph 2 3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 5 years ago. On the 4/11/2016 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. I was informed in writing by the Claimants solicitors on the 12/11/2016 that the Claimant is unable to provide such documents at this time. 4.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; 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; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.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. 7.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. thanks Ford, actually the para's are not numbered. it reads like this, verbatim. hard to see where the para's start and end, I classed para 1 as the start until "agreement" and the 2nd para starting at "the debt" Is it really that exacting? if so they have made it difficult to read, and i have learnt a valuable lesson here... How should I renumber? Mike Particulars of the Claim The claim is for the sum of £4XX.XX due by the defendant under a non-regulated shop direct account with an account reference of XXXXXXXX The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on XX/XX/2011, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £3X.XX The claimant claims the sum of £5XX.XX
  9. Hi All, Heres my final defence, it reads more or less like above, I plan to file this evening, any last advice? Thanks in advance. Mike Particulars of the Claim 1.The claim is for the sum of £4XX.XX due by the defendant under a non-regulated shop direct account with an account reference of XXXXXXXX The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on XX/XX/2011, notice of which has been given to the defendant. 2.The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £3X.XX The claimant claims the sum of £5XX.XX Defence . 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. . 1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant. . 2 .Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant . 3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 5 years ago. . On the 4/11/2016 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. I was informed in writing by the Claimants solicitors on the 12/11/2016 that the Claimant is unable to provide such documents at this time. . 3.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; . 4.As per Civil Procedureicon Rule 16.5(4), 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 crediticon 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.
  10. Thanks DX. Good advice re:filing on time. I take on board your comments regarding the defence, I will re-draft and post for checking. Thanks for your help Mike
  11. In addition to my defence, I received a letter from SOLS, it reads: We have notified our client of your request. Please note that our client has given us a minimum time period of 45days, from the date of your letter to send the documents your require. in the meantime we have put your account on hold. Upon delivery of your documents you will have a further 14 days to prepare a defence. Should I ignore this and submit my defence on time though MCOL? It feels like I should and this is a snake tactic to get judgement by default. appreciate any advice. Thanks
  12. Hi I wonder of someone could take a look at my defence so far? Thanks Mike Particulars of the Claim 1.The claim is for the sum of £4XX.XX due by the defendant under a non-regulated shop direct account with an account reference of XXXXXXXX The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on XX/XX/2011, notice of which has been given to the defendant. 2.The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £3X.XX The claimant claims the sum of £5XX.XX 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 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the xxxxxxxx .To date I have had no response. On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. To date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendant has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ 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 Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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 crediticon 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
  13. I contacted SD - they wont give me any information other than the account is managed by Lowell. since Dec 2011. They wont confirm last payment date. I also received a letter from Cramer on Monday, who informed me that "as I had not responded to the claim form" they would have no option to go for a CCJ, unless I contacted them... nice bit scare mongering that. (actually i have responded through MCOL) Should I SAR SD? Or little point now?
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