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mystic_bertie

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About mystic_bertie

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. ploddertom many thanks for your reply, that's great advice too. Ill do this too The seller has hand written me a receipt with the necessary details on it and he is sending it to me. Ill hold onto this plus the bank statement. cheers guys
  3. Ethel Street Many thanks for your reply, thats a good suggestion, i have suggested this to the seller so ill await his reply. thanks
  4. Ethel - many thanks for your reply and for the link. Thats a good point you make about the bailiffs although i hope that never happens too. The template on the AA site looks ideal and i will ask the previous owner to complete this and send it to me. Many thanks.
  5. Hi guys I bought a car privately for £1500 cash for my girlfriend to use. She will be the registered keeper as this also makes the insurance cheaper. She will be the registered keeper and main and only user of the car. I withdrew the cash from my bank account and bought the car without any kind of receipt. How can i prove ownership in the event of a break up and i want to keep this car that i paid for? My girlfriend is aware of this so im not doing anything sneaky. If necessary i could ask the previous owner for a written receipt. thanks
  6. i received an update letter today from Cabot. Were still processing your request, we have contacted the original lender for the relevant information. As we haven't been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request. This means we are not permitted to obtain a judgement or decree against you in court.
  7. dx - many thanks for your reply, ill get reading and get my research done so im ready. Thanks
  8. dx many thanks for your reply. i successfully submitted my defence on the MCOL website. I really appreciate your help Andy many thanks for sorting out my defence letter, i have submitted it on the MCOL website so we can wait and see what happens next. I couldn't have done this without your guys amazing help.
  9. Andy many thanks for posting the link. Dx thanks for your link, i have basically copied the reply in the post 12 in the first thread in the search results. Here is my defence - do i send this to the court by recorded delivery and do i need to sign the letter? ;;;;;;;;;;;;;;;;;;;; 1. By an agreement between Bank Of Scotland and the defendant on or around 28/11/2008 ('the agreement') Bank of Scotland agreed to issue the defendant with a credit card. 2, The defendant failed to make the minimum payments due and the agreement was terminated. 3.The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1961.62 2. Costs. TOTAL - £2146.62 (including courts fees) 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 financial dealings with the Bank of Scotland . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 noted but the claimant is put to strict proof to evidence when and how the defendant failed to make the minimum payments due and the agreement was terminated and service of a Notice of Default and Sums in Arrears Notices pursuant to the CCA1974. 4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined 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 and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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. 9. 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. I have searched 'claimfom cabot card' and i have gone through the 10 pages of search results but i dont see anything that relates to a BOS credit card or how to file a defense. Sorry again but i did try.
  11. dx - many thanks for your reply, i missed the part about filing a defence and i apologise for this. The link in your post for filing a defence is not working could you be so kind as to point me in the right direction.
  12. dx - thanks for your reply, is that what i did on the MCOL website? Claim HistoryA claim was issued against you on 28/11/2018 Your acknowledgment of service was submitted on 18/12/2018 at 14:00:12 Your acknowledgment of service was received on 18/12/2018 at 16:01:55
  13. Happy new year dx many thanks for your reply, i got the CCA request sent off and the CPR 31.14 sent off about 10 days ago. I just received a letter from the solicitors. It refers to my letter dated the 5th Dec so that must be the CCA i sent to them earlier in the month. They are saying they dont have the necessary documents that i have requested and so they have asked their client to provide then. They said they have put the matter on hold for now. SHould i post a copy of the letter?
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