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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

compilerz

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  1. Anna1s1 started following compilerz
  2. compilerz
    Thank you Andy. You're correct I just received papers from court Notice of proposed allocation in the small claims track. It says I have to complete and return by 6th of Feb small claims directions questionnaire (form N180). This means they wish to proceed while they're trying to contact me daily. The form speaks about mediation service as well. Shall I continue to ignore their calls? Fill the form and return it? I've never been in this situation before and am clueless. Many thanks lads! Angela
  3. compilerz
    Thank you Andy! I just find it strange they decided to proceed despite the fact they never responded to cca request. Now they're emailing and trying to call me. I'll follow your advice and ignore So normally I'd hear from the court right?. Many thanks! Angela
  4. compilerz
    After receiving a letter from moriarty law they're proceeding with case I've been waiting to hear from court but so far nothing. Moriarty Law has been calling my phone many times but I didn't answer them. I understood from reading posts it's better not to talk to them so Should I answer their calls? Thank you dx! Angela
  5. compilerz
    I received the following from Moriarty Law We write to acknowledge receipt of the Defence filed by you with the Court and in that regard we confirm that our client is proceeding with their claim. Yours faithfully, Moriarty law. Does that mean the court will look into their claim or should I do now? can they win a case without providing any documents to me about the debt ?? Thanks guys! Angela
  6. compilerz
    I've submitted the form on mcol. How will I know the result ? Keep logging into mcol? Many thanks! Angela
  7. compilerz
    Am really grateful dx! Seriously without your help lads i wouldn't know where to start even. Thank you! It's asking me if I want to make a counter claim on mcol My guess is no right ? Angela
  8. compilerz
    Happy New Year! I have edited the names of creditor and solicitor. The POC response seem to be suitable for my case so I didn't change much. Just not sure about section 77/78 bit is that correct or needs amending ? 1.The defendant owes the claimant £105 under a regulated loan agreement with Ariste Holding LTD T/A Cash Genie dated 10/12/2011 and which was assigned to the claimant on 27/4/2016 and notice of which was given to the defendant on 27/4/2016 (Debt). 2.Despite formal demand for payment of the debit the defendant has failed to pay and the claimant claims £105 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £8.40. Here is my 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 and accepted I have in the past had financial dealings with Ariste Holding LTD t/a Cash Genie. I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Ariste Holding LTD t/a Cash Genie 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, and remains in default of my section 77 request, 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Moriarty Law, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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 82 A of the consumer creditAct 1974. 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 that ok to post tonight? Many thanks! Angela
  9. compilerz
    You're very kind! So once I edit this send it to Moriarty? What about the mcol deadline? Can't thank you enough luv Angela
  10. compilerz
    Thanks wrote this before seeing your response. Reading it now.
  11. compilerz
    I really hope am not too late. I've read posts about credit card defence or overdrafts but I didn't know if I can copy the same You mentioned I should look for loans. Should I write in my defence that I neve received any letter of assignment from them or default? Sorry am just not good with these things.
  12. compilerz
    Merry Xmas! Am sorry my child was very ill. I tried to read and search for a holding/ defence through the search as you suggested. I realised there is no template for defence and I really don't know what to do! Saw some defence to particulars but not similar to mine as payday loan. The claim form date was 1st of Dec and I acknowledged it on mcol. Please what sections or policies should I refer to in my defence? Many thanks luv Angela
  13. compilerz
    Thanks dx I've looked into the defence but am not sure what to write. Today I received letter from Moriarty law and I attached a pic after removing identifiables. Also received a letter from Motormile finance stating they outsourced my account to Moriarty law and I should contact them and they returned back my postal order! I really don't know what to do next or how to defend Any help is appreciated! Angela
  14. compilerz
    I haven't heard anything from Moriarty law or Motormile finance. I did go online and chosen to defend all. How long do I have or what should I do ? Thanks lads! Angela
  15. compilerz
    Forgive me that was a dumb blonde moment. I've defended all and submitted response to the service. Your instructions is water proof. Many thanks dx!
  16. compilerz
    So far no reply from either solicitors or creditors. Furthermore, I've been trying to login for days to mcol site with my claim number and password sent on country court letter but it's says error Indicating info is incorrect. So I can't defend all online Am supposed to login not register right? I'll call the county court help line tomorrow. Dx ta luv Angela

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