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Charbydis

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About Charbydis

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  1. Despite having heard nothing for ages I got a judgment by default because I hadn't responded to the claim. It is date 23/10/17 but I filed my defence on 5/5/17 and have the original email I sent with acknowledgement of receipt. I have received no other communication about the claim until now. What should I do?
  2. So should I add a new paragraph 2 as follows: 2. The account number referred to by the claimant relates to a M&S Personal reserve account opened 19/5/1997 and was a credit account and not an overdraft account as M&S did not at this date issue such accounts. and what else should I add? thanks
  3. All requests sent but nothing so far. If someone could give my draft defence below the once over I would be very grateful. Particulars of Claim 1.The claim is for the sum of £3600 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account(account no.0000000000xxxxxx) with Marks and Spencer Financial services PLC.* 2.The debt was assigned to the claimant on 30/01/2013 and notice of the assignment provided to the defendant, pursuant to the law of Property Act 1925. 3. Payment of the above sum has been requested but as at the date herof refused. 4.The claimant claims the sum of £3600 C has complied , as far as is necessary, with the pre-action conduct practice direction #####Defence##### 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. 1. Paragraph 1 is rejected in its entirety. I have never held a bank account with Marks and Spencer Financial Services and consequently have never had an overdraft with the claimant. 2. Paragraph 2 is denied the claimant has not served a notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. 3. On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 ?? request. To date, no response has been received from Shoosmiths LLP other than to acknowledge receipt of the request and that they have submitted it to C. I have not had any response from Arrow Global Guernsey Ltd. 4. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 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 consumer credit 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. Name of the Claimant : Arrow Global Limited Date of issue – 5/4/17 Date to submit defence = 5/5/17 What is the claim for – 1.The claim is for the sum of £3600 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account(account no.0000000000xxxxxx) with Marks and Spencer Financial services PLC. The debt was assigned to the claimant on 30/01/2013 and notice of the assignment provided to the defendant, pursuant to the law of Property Act 1925. 2. Payment of the above sum has been requested but as at the date herof refused. 3. The claimant claims the sum of £3600 4. C has complied , as far as is necessary, with the pre-action conduct practice direction What is the value of the claim? Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit account M&S reserve. When did you enter into the original agreement before or after 2007? Before 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? Don't know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments?On a DMP most of the debts had been assigned and the ccas didn't provide the necessary paperwork so I stopped paying What was the date of your last payment? Sep 2013 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 planicon? yes
  5. Having gone quiet for a while they have sent me the same letter again(I still have the first one) threatening legal action etc. Shall I send them the same pre action letter requesting documents again or wait until the claim arrives.
  6. Having rushed to get my witness statement in the post the next day I receive a letter saying they are discontinuing their action. At the same time I received a letter requesting income and expenditure for their other claim they got a default judgement on!
  7. How is this for a witness statement: PRA GROUP (UK) LTD v my name claim no: C0HB2Q74 This is the witness statement of my name (Defendant) 1. I am my name, I am the defendant to this claim and I currently reside at my address. 2. On the … I received the papers informing me that a claim had been lodged against me by the Claimant. 3. Shortly after this I sent the claimant a request under the CCA for a true signed copy of the credit agreement (item 1) and also a letter(item2) informing them that I would be defending the claim and a request under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in their Particulars of Claim, namely 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: the assignment 3: the default notice 4. In response to my CCA request I received a letter informing me that.. (item 3) together with a photocopied double side sheet headed loan agreement (item 4) 5. I have as of this date received no response to my CPR request. I have never held a loan with Lloyds bank and the document purporting to be an agreement makes no reference to Lloyds bank. 6. According to the document sent to me the loan which I am supposed to have defaulted on was completely paid off as of 6/3/97 and was therefore could not be in default on the date the claimant states. 6. The so called agreement is also illegible in part so I am unable to ascertain what the terms and conditions were at the time the loan was taken out I therefore deny that I owe any money to the claimant. I believe this to be a true statement of fact.
  8. I have a received a letter from the court setting a date in January for a hearing and asking that I exchange documents. What should I send? I haven't heard anything from PRA yet.
  9. had a letter from restons saying that I should have all the info I need but they are requesting them from arrow and when they get them they will ask the judge to throw out my defence. Sounds like a lot of hot air(polite verson) to me.
  10. I have emailed a defence with form to the courts with 10 mins to spare. I hope will be accepted.
  11. now I can't get mcol to recognise my claim number and password
  12. second attempt Particulars of claim The claimant claims the payment of the overdue balance due from the defendant under a contract between the defendents and*HBOS*dated on or around Jan 17 2002 and assigned to the claimant on Oct 11 2006 Particulars a/c no - XXXX* Date Item Value 11/12/2015 default balance 2000 Post Refri Cr NIL TOTAL 2000* #####Defence##### 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. Paragraph 1 is accepted insofar as that I may have in the past held a contractual relationship with HBOS. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply. It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.* 3. I have requested from the claimants representative, Restons Solicitors Ltd information pertaining to this claim by way of a CPR 31.14 and a section 78 request but they refused to provide me with any information. 5. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 7. 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 consumer credit 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.
  13. I have checked the letter I received from Restons and they say that I should refer back to the paperwork I received from HBOS which I don't have anymore. I need to file the defence today so any help would be appreciated.
  14. I have sent a cca request to arrow and have yet to receive a response.
  15. I got a letter ages ago from restons threatening legal action I wrote to them saying that I was treating it as an lba and asking them to provide the necessary documentation. They replied saying yes it was an lba but they didn't think it necessary to supply the information requested. As I didn't send it to the claimant should I include it then?
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