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  1. Thank you Andy, I appreciate you looking on a Bank holiday. Off to click send now on MCOL
  2. 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 in the past had an agreement with J D Williams 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 a section 78 request under the Consumer Credit Act 1974. 2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 4. On receipt of this claim form, I the Defendant sent a request dated 3 August 2017, 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 the said request. 5. A further request dated 3 August 20127, was 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. 6. 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 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per civil procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 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. Is this ok please, I have had a terrible couple of weeks and just realised this needs to be submitted on MCOL
  3. Thank you Andy. I will get the letters out and acknowledge service tomorrow. Then once I get back I will look at defences and hopefully someone will be able to confirm that I have that right. Thank you for your help
  4. Name of the Claimant: Lowell Portfolio Date of issue: 28 July 2017 What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £640 due by the defendant under the agreement regulated by the consumer credit act 1974 for a J D Williams account with an account reference xxx. 2. The defendant failed to make contractual payments required by the agreement and a default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on xxxx, notice of which has been given to the defendant. 4. The claim included statutory interest under S.69 of the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £50. The claimant claims the sum of £700 What is the value of the claim? 700 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? Probably, but not confirmed 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. Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Could no longer afford it What was the date of your last payment? Approx sometime in 2012 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? No I received the above today. Have had a little read around and know I need to state I will be defending and I need to send off a CCA request and a 31.14 letter, which I will do. One question, if I go online to the court page and click the acknowledgement of service, do I still have the full time scale as I am away next week, so wont have the ability to send it later on, however I don't want to limit myself to 14 days from acknowledgement. Thank you
  5. Thank you both for the advice Payments ceased I think late 2009, another year to statute barred I am not totally sure when the agreement was taken out but from looking back I think its in excess of 10 years ago. I did put the account into dispute with Capital one and that's why they received it back from the DCA at that point. I have sent the CCA request letter and have also requested in writing they don't ring work as they have been asked not to but continue to do so
  6. We have started receiving letters from Lowells re a Cap one account. In March 2010 it was being handled by another DCA and we requested a CCA from Cap one. They didn't provide one, but provided terms and condition and a reconstituted copy of the agreement. I then sent an account in dispute letter and they replied sending the same reconstituted agreement. It was shortly taken back by Capital one and nothing was heard from since, until Lowells and hamptons started chasing, as I believe they have done to others lately. I haven't been around for a while, does the bemused letter still apply these days to send to lowells, or can anyone suggest anything else. I know things have changed and want to get it right Thank you
  7. Just a little update on this as been dragging on for a long time. The SD scared the life out of us as we own our own house with some equity, so decided to agree a payment plan with them. We also requested a copy of the agreement which we not supplied with. We decided earlier this year to stop the payments and explained that we didn't think this agreement was enforceable. Today after its taken them some months to investigate our complaint they have written to us saying they have written the account off and it now has a zero balance. I am angry that they put us through the stress on an unenforceable account and threatened us with bankruptcy but glad in the end I found the courage to fight them at their own game
  8. They are all the same company including Bramber, its just another desk or office in the same company. I have had dealings with all of them in the past
  9. They said it was due to a breakdown in trust or something like that. This was at the hearing. They showed her the CCTV of her and the woman who takes the money from the safe (she was the person taking the notes at the hearing) and my daughter said it was equally unclear on the CCTV of how many pods the woman took out the safe, the woman started getting stressed about this and saying she hadnt taken the money, daughter equally said it wasnt her. They wouldnt listen and it appears it was a foregone conclusion. They told her they would pay her for this week and for next and any outstanding holiday pay and also give her a reference.
  10. is she entitled to a copy of the CCTV up until the time the safe was emptied which was apparently a week later
  11. She could leave it out on her CV as been working elsewhere too but the trouble is she is well known in the area from her previous job and mud does stick
  12. That is so wrong then, she can have this against her for the rest of her life and there is nothing she can do about it. This is still defamation of character
  13. Seen her contract and she has only been there 6 1/2 months. So are you saying she has no rights to fight this slur against her name cos she has only worked there a short time. Ericsbrother, its under £500 so dont think its a case of keeping the business going, but I will get her to ask the questions you suggested
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