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Tonster

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  1. Hi Ford Yep, that's understood, just keeping the thread up to date with responses. Let's see what they come up with Cheers Tonster
  2. Two letters received yesterday, one from Cabot re CCA request and one from Reston's in reply to my defence being received
  3. Ah, ok, great news. I expect the court should be in touch then in due course.
  4. Called the court today and the claimant had until 16/2 to file their DQ and have failed to do so (the court tells me they are working on DQ's from 18/2 at the moment) so I guess now the case will be stayed?
  5. Hi Andy Right here goes again, might get the hang of this in the end..... Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about the Jan ** 2002 2.and assigned to the Claimant on Jun ** 2014 in the sum of £11,***.** Particulars a/c no ************** 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 denied with regards to an amount due under an agreement/contract. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3.Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars as the claimant/solicitor has refused to disclose any NoA when requested 4. On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the credit agreement, Notice of Assignment and a statement of account showing how the amount claimed has been reached, to the claimant's solicitors. The claimant's solicitors have yet to comply. 5. Around the same time a section 78 request for a copy of the purported credit agreement was also sent to the claimant. The claimant has yet to comply. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and I would request the court that this conduct which is against pre action protocol should be considered when the question of costs arise. 6. It is denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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 how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. Until such time the Claimant can comply with my request for a copy of the agreement under section 78 of the CCA1974 that it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 9. 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. 10. 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.
  6. Okey dokey, here goes again thanks DX 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. On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the credit agreement, Notice of Assignment and a statement of account showing how the amount claimed has been reached, to the claimant's solicitors. The claimant's solicitors have yet to comply. 3. Around the same time a section 78 request for a copy of the credit agreement mentioned in the claim was also sent to the claimant. The claimant has yet to comply. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 4. It is denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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 how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 7. 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. Hi Andy, please see my amended proposed defence (taken from a couple of threads and amended to suit, mainly with your input on those threads!!), any input on it is again appreciated Defence 1. On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the credit agreement, Notice of Assignment and a statement of account showing how the amount claimed has been reached, to the claimant's solicitors. The claimant's solicitors have yet to comply. 2. Around the same time a section 78 request for a copy of the credit agreement mentioned in the claim was also sent to the claimant. The claimant has yet to comply. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 3. It is denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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 how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. Until such time the Claimant can comply with my request for a copy of the agreement under section 78 of the CCA1974 that it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 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.
  8. Okey dokey, will do, will post up an amended version later Cheers
  9. Hi Andy Sorry I wasn't clear, section 78 request was also sent to Cabot at the same time as the CPR request to Reston's as advised, just haven't had any response to that request so far (in fact, nothing back from Cabot at all) just wanted to mention what I got back from the previous s78 request some years ago. As my defence isn't due in until early next week I guess unless Cabot get something back before then the defence is ok or should I be adding/omitting anything? Tonster
  10. Section 78 request was made to the OC some years ago, the result of which I've put in post #3. It took them a year and a half to find even that. This was sent through by Lloyds some years back.
  11. Hi Andy Thanks for looking in, I've put together a proposed holding defence, do I need to add anything more to it or is that sufficient at this stage? Anything incorrect in it? Cheers Tonster
  12. So I'm thinking this would do as a holding defence in view of no documents provided by Restons Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about the Jan ** 2002 2.and assigned to the Claimant on Jun ** 2014 in the sum of £11,***.** Particulars a/c no ************** Defence 1. It is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement or clarify any alleged debt. 2. It is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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 how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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.
  13. we have a not unsurprising reply from Restons (attached) ignoring the CPR request and talking about documents requested not mentioned in the claim (this isn't true, only documents mentioned in the claim were requested, namely agreement, statement and NoA) So I guess as defence is due next week I should put together some kind of holding defence in light of them supplying no documents whatsoever?
  14. Hiya CB Have sent CPR 31.14 request asking for the agreement/statement and NoA, let's see what they come back with. Cheers Tonster
  15. Hi Issue Date on claim form is 14th Jan, AoS done today, intending to defend all. I've covered up the personal details (with post it's before scanning) which I think makes the form look worse, it's fairly legible (especially at 150% in pdf!!) Cheers Tonster
  16. Hi Please see attached copy of the agreement that I got from the OC some years back. But whether Cabot/Restons have a copy is another matter I guess so I should still CPR them for the agreement? Tonster
  17. Hi Andy Appreciate your help with this and was wondering if you could take a look at another thread of mine I've just created (my biggest outstanding debt!) I realise as the amount is larger the procedure may be different and would appreciate any advice http://www.consumeractiongroup.co.uk/forum/showthread.php?439861-Claim-Form-Received-Cabot-Lloyds&p=4678858#post4678858 Cheers Tonster
  18. Issue Date on claim form 14th Jan, Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about the Jan ** 2002 2.and assigned to the Claimant on Jun ** 2014 in the sum of £11,***.** Particulars a/c no ************** Particulars a/c no ************** What is the value of the claim? £11K+ Is the claim for a current or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2002 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 (Cabot) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Financial difficulties and increasing APR by the OC What was the date of your last payment? Feb 2012 Was there a dispute with the original creditor that remains unresolved? Yes, lack of prescribed terms in the signature document Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I realise that as this is over £10K it may not be small claims track so any advice appreciated. AoS done today, intending to defend all.
  19. DQ's filled in and sent to court along with copy to the claimant
  20. Stop press: DQ has arrived, small claims track. So, I guess I will just fill this in agreeing small claims is correct track and that I do want to use the mediation service. That way I guess we can formalise the agreement without costs and without CCJ, I've been through mediation once before and it seems a good way to proceed? I guess pick local court, 1 witness (me) and no experts?
  21. Hi Andy Would it be easier then to wait for mediation and accept the repayment offer there as then there is no CCJ nor costs if they won't do a Tomlin order? I really want to ensure there is no CCJ and no further costs. Still had nothing from the court yet either. The claimant doesn't seem very clued up to me Tonster
  22. Hi Andy I've had a reply from the claimant which I'd appreciate your thoughts on. ' Thank you for your email. We are very glad to hear that you have agreed to our offer put to you to repay £**.** for 8 consecutive months. We must firstly make it clear that if one month’s payment is missed this offer will be withdrawn. Secondly you will have to ask the courts for a Tomlin Order as we do not feel this is the correct path to go down due to the threats you have made before regarding repaying your account. There is also a court cost to apply for a Tomlin order which you will have to repay. Please confirm if a reply has been sent back to the courts regarding your intentions of repayment? I'm a little confused by this and not sure what to do next, should I just wait to receive DQ's and deal with this at mediation? Any guidance appreciated.
  23. Okey dokey, I'll sit tight to wait to hear from the court re next steps and the claimant in response to the Tomlin Order request
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