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About s4ddys

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  1. I have spent the last half hour searching and the only one anything like suitable talks about hearsay, but I dont really understand?
  2. Can someone help me with that please? I have attached the documents they sent me in response to my CCA request. Many thanks PeacheyMMFDocs.pdf
  3. Quick update with this one. The hearing was listed for 21st December 2017. It completely slipped my mind until this morning. I have phoned the court and they stated the listing is due to go ahead next week, and they received a bundle from the claimant on the 11th. I am yet to receive anything. Am I too late to submit anything further? Can I contest as they have failed to send me any bundle or further paperwork?
  4. Yes docs provided 2 days before mediation. I will post up over next few days. Mediation was unsuccessful. Claim now allocated to my local court awaiting date.
  5. Just a quick update. Standard letter received to say will be progressing with their claim and defence received. Will await further instruction from the courts.
  6. OK thanks I will have a read. No it wasn't, I had loads at the time. Defence submitted - I will keep the thread up to date. Thanks again.
  7. OK fair enough. I do appreciate the help given, but sometimes the pressures of frustration make it feel as if you are having a go.
  8. is there really any need? I said the defence needed to be submitted by today, so would've been quite easy to work it from my initial post? I have tried to do my best given limited knowledge, sometimes it does feel like you cant win on here. You tell people to go read and 'self help' then when they do you belittle them? Food for thought.
  9. 1.The defendant owes the claimant £175 under a regulated loan agreement with XX dated XX 2012 and which was assigned to the claimant on XX 2014 and notice of which was given to the defendant on the XX (Debt). 2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £175 3.and further claims interest theoron pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% p.a. amounting to £14 So something along these lines: 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. The Claimant claims £175 is owed under a regulated loan agreement with Cash on go Limited T/A Peachy. 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 77 request who are yet to fully comply. 3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on 07/01/2014 from either the Claimant or Peachey. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant and 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 © 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; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. 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 crediticon Act 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.
  10. I'm not sure what your trying to get at? this Friday isn't the 28th and as I have said I need to submit my response by this Friday?
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