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libra007

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About libra007

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  1. any tips how to fill in the N180, specially about signing part thats states must sign, if i have to serve to other party too
  2. sorry it was CPR 31.14 Request to Sols not SAR
  3. Thanks it was accepted via email by court. They have sent the acknowledgement. No Reponse to SAR and CCA request from Lowell apart from letter they stated they have requested information from original creditor We have now received from Lowell copy of Directions Questionnaire(Small Court Track) for mediation they have filed with court. What would be our response to when i receive from court, do we agree or not ? also made my first donation to the site, it deserve our support!
  4. Removed and sent email, if i get acces to MCOL is it worth filing defence there too after 4:00 now?
  5. whats the email id please I did email to MCOL@hmcts.gsi.gov.uk after website was not very responsive, it correct?
  6. Do I need to attach the letter sent for CCA and CPR to LOWELL and its Solicitors? also proof postage? or its for later Thanks in advance
  7. THanks, I have drafted as below, hope its ok 1)The Defendant entered into a*consumer credit*Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxx (the Agreement) (2)The Defendant failed to maintain the required payments and a default notice was served and not complied with. (3) The Agreement was later assigned to the Claimant on 12/03/2015 and notice was given to the Defendant. (4)Despite repeated requests for payment, the sum of £2,228.63 remains due and outstanding. And the Claimant claims* (a)The said sum of £2,228.63.63* (b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum* from the date of assignment to the date of issue,accruing at a daily rate of £0.488, but limited to one year,being £178.29 c) costs #####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 noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the*claim form the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.* 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per*Civil Procedure*16.5 it is expected that the claimants prove the allegation that the money is owed 9. 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 10. 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. Just trying to file defence for behalf of my otherhalf while away from UK on break. It is correctly timed by lowell to mis during the festive period. I dont know it might be last day to file it so need urgent responses please. it was issued on 22/11/2016 and i filed AOC I have already sent Lowell CCA and CPR request a week ago. I will try to attach PoC here otherwise i will type it Added POC PoC.pdf
  9. Spoken to BM just before going to court, this time one of sane person was on their eviction team and admitted they should have cancelled the eviction on the basis of MI12 form being processed, and said they were not aware of the form. When I said I have confirmation letter from BM that you have processed the form on 25th and receipt by you by royal mail on 20th, he checked it again and cancelled the eviction. I will contact court tomorrow to reconfirm if not then I am all loaded with forms and supporting documents. At least I can concentrate on interviews without home losing worries.
  10. busy day ahead and i cant sleep. Job centre appointment, a Interview in london, pushing to keep court visit in between!
  11. Ascent guy is third party and i am sure the fee will be added to you account for this too. I am in the same process with BM, Ascent guy came in and made I E statement with me, as I on JSA so there wasnt much i could offer, but i still made some token money offer to pay, he agreed but its not up to him. He actually come to just to fill in a mandatory requirement on part of lender. After this proposal, i promptly paid by due date but then received letter from BM that they dont accept this arrangement and going for eviction from onward they moved quickly and applied to court. So if you have already received the court notice, fill in N244 and apply at court to suspend eviction with all evidence of your employment and income statement. There is good team here who can help. Following is also helpful thread. http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession
  12. They certainly have added charges, how to calculate these charges for last 10 years?
  13. this week has been roller coaster, interviews, received confirmation letter from BM that hey have processed the form and sent to DWP. Received tax credits confirmation and i can now afford the normal mortgage payment even without DWP payments. Checking progress of MI12 with DWP gave me a scare as they told my claim is suspended because tax credits included working tax credits by mistake and so they see I am working took many calls back and forth to HMRC and DWP took 3 days to admit mistake and DWP wanted a written confirmation from HMRC, fingers crossed its sorted, will know when i sign on monday. otherwise i would have to file a new claim and 12 weeks can start from 0 and can throw out my MI12 basis for courts. Updated budget statement Is it worth calling BM again ?
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