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HSBCrusher

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HSBCrusher last won the day on November 24 2010

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About HSBCrusher

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  1. Lol no fear there. They've been eating static. And will continue to do so!!
  2. So. It's obviously stayed. I'm assuming it's now extremely unlikely they will find the stuff they need. However, I'm now getting a steady flow of letters demanding my financial status/outgoings etc. How does this fit in with the recent guidance given to DCAs?
  3. I've got a new turntable. So far this afternoon.... Dark side of the moon The wall Tyree- turn up the base Run dmc walk this way Delasoul me myself and I Currently playing M A R S pump up the volume
  4. There's no dark side of the moon. Matter of fact It's all dark.
  5. good to go? I'm very appreciative, thank you.
  6. Thanks for your assistance. Ive added the CPR bit to point 4, and replaced point 2. Defence 1. The Defendant contends that the particulars of claim are brief, 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 it is accepted insofar that I have once held a contractual relationship with M&S. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details. 3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding this point, 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. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a CPR 31.14 and section 78 request for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 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 the nature of breach and service of a Default Notice pursuant to sec81 (1) CCA1974 © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  7. I'm a fan of James Bond, always have been. Hes the best one by far. The next bond will be Jacqueline I expect.
  8. http://www.telegraph.co.uk/news/2017/08/16/walnot-whip-nestle-removes-nut-new-walnut-whips-ingredient-price/ I bring you the walnot whip. you couldn't make it up
  9. Defence 1. The Defendant contends that the particulars of claim are brief, 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 sought clarity as to what the terms of the agreement were by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests. 3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding this point, 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. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 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 the nature of breach and service of a Default Notice pursuant to sec81 (1) CCA1974 © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  10. Ill get this put up today/tomorrow. I don't like leaving things last minute!
  11. Particulars of Claim for reference only 1. the claimants claim is for 7000 being monies due from the defendant to the claimant under a regulated agreement between the defendant and M&S financial services plc (no****) 2 And assigned to the claimant (**/**/2013) notice of which has been provided to the defendant. 3. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974 4 the claimant claims the sum of 7000... C (sic) has complied as far as necessary with the pre-action conduct practice direction Defence 1. The Defendant contends that the particulars of claim are brief, 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, although I am unaware of the amount owed. I have therefore sought clarity by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests. 3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding this point, 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. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 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 the nature of breach and service of a Default Notice pursuant to sec81 (1) CCA1974 © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. I'll get my defence up here in good time.
  13. fair point. the claim form was dated the 21st July, so if my maths is correct, that takes me to 22nd August. It will give them fair chance to get the required information to me. Which they wont of course.
  14. shes giving interviews now. apparently she will "always be Dr Who." will have to wait and see the Christmas edition, and when Dr Who comes around after the regeneration and realises he has gained some bits and bobs but lost some others.
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