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hyperseven

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About hyperseven

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  1. 28 days since court acknowledged receipt of my defence, anything I need to do now? Is it automatically stayed?
  2. So I submit it all, including the amended part in red, as my defence on Friday if I receive no other docs. Is there a cut off time?
  3. Thanks for putting me on the right path Is this OK then? 1.By an agreement between Egg Banking plc (EGG) &t he Defendnt on or arround 20/03/2006 ('the Agreement') EGG agreed to issue the Defendant with a credit card. 2. The Defendant failed to make the minimum payments due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant on 31/01/2013. THE CLAIMANT THEREFORE CLAIMS 1. 2069.01 2.Interest pursuant to section 69 of the county court Ace 1984, namely 1045.32 & contuning until Judgment or sooner payment at the rate 0.45 Defence I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. This was sent recorded delivery and signed for on the 2nd June 2015. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 which was sent recorded delivery and signed for on the 5th June 2015, therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 6. On the alternative, if 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 Act 1974. 7. 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.
  4. The POC is not very well formatted on the form. I think it should be 3 paragraphs ? or is it 4 ?
  5. Is the other defence I quoted usable in my situation ? this better ??
  6. Is any of it usable? what, so more like this one? I am clueless in such matters, had to Google FMOTL
  7. Cheers, here is my defence I am about to submit to MCOL, is it OK?
  8. Got home today and this had arrived. What this 'we believe you have already inspected documents' nonsense. I have had no such items? This 28 extension what do I do with that?
  9. Sorry for being a bit dense, so what do do now? Do I still have to submit a defence on MCOL as had a look and noting on their says case is 'on hold'.
  10. Got this today (says 03/06/15 on the letter but arrived today? Anyway of telling when sent as fins that date suspicious, no post mark, just orange dots) What do I do now?
  11. I thought you had a leave a couple of day between letters, oh well you learn something new What I meant about the PO, is that I have already sent one that they have received for the incorrectly dated CCA, if I send another correctly dated CCA letter will I have to send another PO to go with that or will they use the one I have already sent?
  12. Yes done the on line acknowledgement, and printed off my CPR31 ready to send on Friday. Will I have t get another £1 PO as well?
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