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Naxxas

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Everything posted by Naxxas

  1. We've received the Notice of Proposed Allocation to the Small Claims Track today, We must by 5th August complete the Small Claims Directions Questionnaire and file it with the court office. How do we reply? There's no mediation, they don't have the paperwork.
  2. Lowells have responded saying that their client intends to proceed and have notified the court, so what happens now. .. They have none of what I've asked for at all, and have failed to produced anything against my defence.
  3. should i include the part on red, even though the poc will be visible to the court? is this just makng it simple for them to see my defence?
  4. my bad i misread; how about this. What is the claim for – 1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974, between the defendant and jd williams and co limited. under acct ref xxxxx 2. and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant. 3.the defendant failed to maintain under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statut
  5. would this be suitble as no paperwork has ever been recieved or shown: The Defendant neither deny nor admit to any indebtedness to the claimant. The Defendant sent the claimant a CPR31.14 request for the original signed agreement and default notice relied upon in the Particulars of the Claim. The claimant received the CPR31.14 request on the xx/xx/xx by recorded delivery. As of the xx/xx/xx the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal r
  6. can anyone point me in the direction of a good thread with a defence that might be relevant
  7. never heard from them again and the claim was dropped in court.
  8. no that was my ex's, i am now re married
  9. ive acknowledged the claim today on MCOL tating i will defend. CCA going out tomorrow with the CPR to the solicitors do i wait now? and do nothing.
  10. in terms of Defence for MCOL, can someone point me in the right direction of a thread, they all look so confusing
  11. no, weve had this conversation, he still has a JD account in his name in good stead, so im baffled by all this really
  12. well i had to give a date, but im 100% i never opened this account, EVER
  13. Claimant: Lowells Date of issue – 10th may 2016 What is the claim for – 1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974, between the defendant and jd williams and co limited. under acct ref xxxxx and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant. 2.the defendant failed to maintain under the terms of the agreement and a default notice has been served and not complied with. 3.the cl
  14. hi there, ive received papers from the county court business centre for a debt i do not own, never owned or even acknowledged, how do i defend this? do i need to CCA request lowell? if so i presume its a template letter, which one? what do i enter in the defence or do i leave it blank and await details? ive acknowledged via mcol so hae more time, any advice needed please.
  15. I defended the case as statute barred and cca'd them as well. They discontinued and the claim was dropped from the county court. I just want to pre empt another court claim.
  16. Hi guys, Long story short, wife has a debt from 2001, hasn't paid anything since 2004. Cabot recently took us to court we cca'd them, they dropped the case and we heard nothing. Until now, the case was dropped in December, they sent a CCA today that looks legit, it has her old signature on it, she's now married ofc. Do I now reply with the statute barred defence? Any advice would be good.
  17. it should stop action, but they seem a bit clueless... so im wondering what to do next.
  18. start date for the agreement? you mean the original debt? it statute barred, but I haven't gone done that route yet.. I CCa'd them, they responded saying they don't have it but hope to have it within 40 days LOL, well past the 14 I gave them ..just wondering whats best to do at this stage.
  19. So they sent me a court form today from Northampton, I've already cca'd them and they admit they don't have it, what's my next move, the court form came after the CCA was acknowledged as not being present, it may be a cross over but I dont want to ignore it. What should I do next? Acknowledge service? Or defend.
  20. ok, i'll sit tight... I don't like sitting still lol.i'm guessing they will have to apply to have my defence struck out now.but with no CCA I presume the debts are unenforceable in court.. so really they cant proceed any further, and if they do I can just slap em with that?
  21. cabot has responded saying they do not have the details on file and will respond within 40 days, i think they missed the point, what is my next move please.
  22. this is what im sending, I presume this is correct. Cabot Financial (Europe) Limited PO Box 241 West Malling Kent ME19 4NA [REMOVED] please do not publish our templates in the open forum - dx
  23. i'll tell you something, shes going to get a talking too of her life when I get home, this is stress I don't need loli'll sit and chill for now, send the CCA and see what unfolds.thanks for all the advice, ill take each step as it arrives.
  24. I take it I will get paperwork for the summary judgement, at which time I pop up and say, err hang on, its not enforceable? and supply the court with a copy of the CCA documentation ive requested and letters Ive sent?
  25. hah thanks made my day. so im guessing whats going to happen is: I CCA cabot, they fumble around. Restons apply to strike out my defence, which is fine, its crap anyway. this costs them money. assuming they get a CCJ in the meantime, when cabot cannot provide a CCA I can have that CCJ set aside?
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