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bongo boy

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About bongo boy

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  1. Ok have submitted on behalf of, hopefully that is ok, off to catch a short snooze, be back Saturday at some point, hopefully it has been accepted.. thanks again, and good night..
  2. one final thing can I submit on their behalf as duly authorised or must it be them? if I sign can I represent them in court if necessary?
  3. Cool thank you, so are we good to go? I guess so! will keep you posted and thank you for your help as ever
  4. when submitting do I leave the POC's in place, or just the defence part?
  5. Cheers ok, hows this? Particulars of the Claim 1. The claim is for the sum of £xxxx inrespect of monies owing by the defendant on a credit agreement held by the defendantwith Sainsbury's bank under account number xxxx upon which thedefendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been compliedwith 3. By virtue of a sale agreement between Sainsbury's bank PLC and the claimantthe claim vested in the claimant who has a genuine commercial interest. Thedefendant has been notified of the assignment by letter. Defence The Defendant contends that the particulars of claim are vague and generic innature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific responsehas not been made. 1. Paragraph 1 is not admitted with regards to the Defendant entering in to anAgreement referred to in the Particulars of Claim ('the Agreement') with theClaimant as the Defendant did not enter into any Agreement with the Claimant. 2. Paragraph 2 is not admitted with regards to the Claimant serving a defaultnotice in connection with the alleged contractual Agreement as the Defendantdid not enter into any Agreement with the Claimant. 3. On receipt of this claim I requested information pertaining to this claimfrom Drydens Fairfax by way of a CPR 31.14 request. To date, a response hasbeen received on 25/07/14, (dated 17/07/2014) from Drydens Fairfax noting thecontents of the correspondence, suggesting the matter is on hold whilst theyclarify the current position and seek further instructions from their client.No further correspondence has been received since then, also a request undersection 78 was made at the same time, and again no reply has been forthcomingsince then, nor has the defendant ever been served with a Notice of Assignment. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the Claimant has the legal right, either under statute or equityto issue a claim; (d) show how the agreement was legallyterminated to allow the claimant relief 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove theallegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the ConsumerCredit Act 1974. 6. By reasons of the facts and matters setout above, it is denied that the Claimant is entitled to the relief claimed orany relief.
  6. Ok, here goes, how is this? Particulars of the Claim 1. The claim is for the sum of xxx. xx inrespect of monies owing by the defendant on a credit agreement held by the defendantwith Sainsbury's bank under account number xxxx etc upon which the defendantfailed to maintain payments. 2. A default notice was served upon the defendant and has not been compliedwith 3. By virtue of a sale agreement between Sainsbury's bank PLC and the claimantthe claim vested in the claimant who has a genuine commercial interest. The defendant hasbeen notified of the assignment by letter. Defence The Defendant contends that the particulars of claim are vague and generic innature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific responsehas not been made. 1. Paragraph 1 is not admitted with regards to the Defendant entering in to anAgreement referred to in the Particulars of Claim ('the Agreement') with theClaimant as the Defendant did not enter into any Agreement with the Claimantnor ever been served with a Notice of Assignment. 2. Paragraph 2 is not admitted with regards to the Claimant serving a defaultnotice in connection with the alleged contractual Agreement as the Defendantdid not enter into any Agreement with the Claimant. 3. On receipt of this claim I requested information pertaining to this claimfrom Drydens Fairfax by way of a CPR 31.14 request. To date, a response hasbeen received on 25/07/14, (dated 17/07/2014) from Drydens Fairfax noting thecontents of the correspondence, suggesting the matter is on hold whilst theyclarify the current position and seek further instructions from their client.No further correspondence has been received since then, also a request undersection 78 was made at the same time, and again no reply has been forthcomingsince then. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the Claimant has the legal right, either under statute or equityto issue a claim; (d) show how the agreement was legallyterminated to allow the claimant relief 4. As per Civil Procedure Rule16.5, it is expected that the Claimant prove the allegation that the money isowed. 5. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the consumer credit Act1974. 6. By reasons of the facts and matters setout above, it is denied that the Claimant is entitled to the relief claimed orany relief. Statement of Truth I believe that the facts stated in this defence are true.
  7. Thank you, am I right in thinking that they haven't claimed relief ? relief is interest and the like at the court rate, so section c and section 6 is not relevant to this particular claim as they are not asking for the 8% or whatever it is? Andy
  8. Yes but as I keep saying, im not here tomorrow and may well out of the country so wont be able to file for my colleague !
  9. Ive just taken the above from the link you suggested, it is a post you had made today? I'm grateful for the help, truly I am, all I was asking for was a response / guidance on the draft defence I had put together in the post number 30 in this thread. thank you for the guidance above, i'll adapt and send as I have now only 4 hours before I have to be back at work. I'm beginning to wish I had never offered to help my colleague as it seems im just making things worse.... apologies if I have caused any offence!
  10. is this all I need to say then? seems very brief? This bit wasn't posted until after I last read that link again this morning, is this it, or with the rest? ther eare so many differnet things said in the one response list i'm not sure what is correct? On receipt of the claim I requested information to claify the claim by requesting a CPR 31.14 dated xxxxxxx the claimant has failed to respond. On receipt of the claim I requested a copy of the agreement by way of a section 78 requested dated xxxxxx the claimant had 12+2 days to comply...to this date they have failed to respond and therefore are in default of this request.I understand the claimant is prevented from seeking any relief or enforcing any agreement until such time they seek to comply. Furthermore it is brought to the courts attention that claimant failed to serve any letter before action and therefore has not complied with pre action protocol
  11. Hi Andy, I did draft a defence but I don't know what is different or what is wrong with it, neither make sense to me, see post 30 above, is this ok, if not what is wrong with it? I don't understand all of the terminology so im at a loss as to whether this is right or wrong? That's why I am asking for help, I don't know what i'm doing, I understand it is a self help environment so have tried my best to answer it, but if I don't know how to construct it, or the finer points hence asking for help. Bongo
  12. Hoping someone can help ? only have a few hours left as not here tomorrow and defence has to be in then...
  13. Help ! I only have a few hours left when I get home from work tonight to file this defence, can anyone guide me?
  14. Here are the POC if this helps; 1. The claim is for the sum of xxx. xx in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's bank under account number xxxx etc upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with 3. By virtue of a sale agreement between Sainsbury's bank PLC and the claimant the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax on 0113 823 3430 signed drydens ltd t/a drydensfairfax - Claimants Solicitor - claiming £70 solicitors costs plus £60 court fee Seems I have two days to file a defence for my colleague, as I am not likely to be in the UK Friday eve I have slightly less time than I would've liked so could anyone provide any guidance as to whether the defence in the post above is any good? too much, not enough? Help !
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