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Blondmusic

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About Blondmusic

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  1. Defence is now submitted. I received a letter from Cabot in reply to my CCA request and they state they do not have a copy of the agreement. They are asking me to get in contact with them to make a payment plan.
  2. the defence I have posted in 15 is ok to be submitted? In reply to your question Andyorch yes I have.
  3. I did make a couple of changes. The only difference is that the Particulars of claim are only one paragraph so I will have to change points 3 and 4 for this.
  4. I found this on CAG as a no paperwork defence. Can someone please look this over and tell me if it is ok to submit this? 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol). Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. The Claimant claims £xxxx is owed under a regulated consumer credit account under reference xxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. 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, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving 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 failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request. 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.
  5. I would be happy to get it done as soon as possible. I have never done this before and I appreciate your help
  6. Ok. If I do not hear anything from Mortimer Clarke by Saturday the 18th then I will need some help in filing a defence
  7. Ok. After working out the dates I need to have a defence submitted by the 21st of May 2019.
  8. I received a letter from Mortimer Clarke as follows We have received your request for documents under Civil Procedure Rule 31.14. We have sent your request to our client and will come back to you when we have heard back from them. Our client may not have all the documents you have asked for to hand, they may need to ask the original creditor for some of the documents so it may take some time for us to come back to you. In the meantime your account will be placed on hold.
  9. I have acknowledged the claim on mcol as per your instructions. I did that on the 23rd of April. On the 24th I sent off the CCA request to Cabot and the CPR 31:14 to the solicitors. These were both sent 1st class signed for.
  10. Sorry. In reply to the question When did I enter the original agreement before or after April 2007. The answer is after. I shall go onto Mcol and register to sort that out. I will print the CCA request and CPR 31:14 and get them sent ASAP. Thank you very much.
  11. Name of the Claimant ? - Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to - 18th April 2019 Particulars of Claim What is the claim for – 1.By an agreement between New Day Ltd Re Aqua & the Defendant on or around 28/10/2016 ('the agreement') New Day Ltd Re Aqua 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. 4.The claimant, therefore, claims £863.69. 2 Costs What is the total value of the claim? £993.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? The answer is after Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No 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? Hours cut at work What was the date of your last payment? May 2018 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
  12. Hi. I have just received a claim form from Mortimer Clarke Solicitors acting for Cabot. I need help in defending this claim. I have attached and blanked personal details.
  13. Keep the car until you have agreed a settlement. Hastings pulled a fast one on my Fiance, they took the car to the salvage yard then offered him much lower than market value for the car.
  14. I ordered a car part from a company called Autodoc.co.uk The part was posted on the 19th of September and was due to be delivered on the 24th of September. As I was going to be out at work I arranged to have the parcel delivered to a local parcel shop so I could collect it later. I used the DPD app on my phone to do this. On the morning of 24th of September I received a notification on my phone from the DPD app that stated I had changed my delivery date to the 30th of September. I used the live chat on the app to ask why this had changed and I was told that a shift manager at the local depot had changed it and that I would get a call back within the hour. I never received a call back. When I got home I telephoned DPD using the app on my phone and was told again I would receive a call back. Again this never happened. I called them back again and explained that I needed the parcel urgently as it was a part for my car. The rep on the phone said he would make sure that my parcel would be delivered the following day to the parcel shop as requested. The next morning I received a notification from the DPD app stating that they could not deliver to the parcel shop as the parcel was oversized. I used the app to rearrange delivery to a friends address for the following day. When I got home DPD had left a card stating they had tried to deliver to my house. This was left 10 minutes before I arrived home. On the morning of Wednesday the 26th of September I contacted DPD on the live chat on the app to ask if they would be able to give me a delivery time. They were unable to do this. My friend waited all day and no parcel arrived. I contacted DPD using the live chat and they then said that it may have been lost. The next morning I telephoned DPD using the app and they admitted that they lost the parcel. I asked them to send me an email confirming this which they did. I have also been in contact with the sender Autodoc who turn out to be based in Germany. They refused to believe that the parcel was lost, even though I forwarded the email from DPD, they told me I had to got to the local depot to collect it. I contacted the bank as Autodoc refused to refund me, Visa have refunded me but told me that Autodoc can refute my claim. Autodoc are being extremely difficult and are telling me to contact DPD, on the other hand DPD are referring me back to Autodoc. In the meantime I have had to order the part from another company who delivered it the following day. My car was off the road longer due to Autodoc and DPD. I would like compensation for the delay. Can anyone give me any help on what I can do?
  15. Contact the council directly and they should sort the problem with the minimum of fuss. We had a council bin truck hit the wall on our house as he tried getting around a tight corner, all caught on cctv. Council were dismissive at first but then we called the police in because it was an accident that had not been reported.
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