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voqu

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  1. I've just double checked dates claim date is the 14th August with the 33 days to post defence would be today? Fingers crossed ..
  2. Damn thought it was due Monday. I've managed to upload it hopefully they will accept it. Stepson was in and out of hospital last week. I'll ring them to see if it's ok.
  3. The Defendant contends that the particulars of claim are vague and generic in nature 1. Paragraph 1 is noted. I have never had an agreement in the past with PRAC Financial and do not recognise the account number referred to by the claimant. 2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as the defendant did not enter into any agreement with the claimant. The defendant also does not recall receiving a default notice as stated. The claimant is therefore put to strict proof to verify the alleged statement of its particulars. It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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 and evidence the nature of breach and service of a default notice/termination notice Pursuant to the CCA1974; (c) 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; 4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 5.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. . 6.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. Ok got it sorry for sounding dense. Cheers for the help.
  5. Done aos and CPR about to do Cca was just wondering who too..I have 2 transactions which don't relate in account numbers to this. 20190905_145151.pdf
  6. Ok understood andyorch, I'll work on my ws in the meantime and hopefully have something that will help.
  7. Page 2 andyorch sorry
  8. Well I have found all my documents yesterday and today I have received a letter with my court date. It's quite a while away but hopefully this is beneficial
  9. Hi dx i copied it word for word from the claim form. Hopefully that will go in my favour
  10. Date of issue 14/08/2019 Thing I don't like is that the moneyshop is liquidated, PRAC bought the debt I have sent them a letter as required but they are now taking it to court.
  11. Had this through the post last month tgen i have just received a claim form from Northampton. I thought ICL went under. Date of Issue 14/08/2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claimants claim is for the sum of £250.16 being monies due from the defendant to the claimant under a loan agreement regulated by the CCA 1974 between the defendant and PRAC Financial Ltd trading as under acct ref 5*****4 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice had been served and not complied with. 3.The claim also includes statuary interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from the date of the default of the agreement to 13/08/2019 being an amount of 48.90 What is the total value of the claim? 374.06 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes The Money Shop/instant cash loans Ltd. When did you enter into the original agreement before or after April 2007 ?after Do you recall how you entered into the agreement...On line /In branch/By post ?in branch Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?not sure 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Branch closed What was the date of your last payment? Cant remember 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 plan? No but sent a financial letter to BW Legal stating i have no income and awaiting for my carers allowance to start which is my only income, could be another 8 weeks before it happens though as my son has only just requalified for DLA.
  12. Ok thanks dx. I have sent it back yesterday with a copy going to Powell's. Hopefully court case will be soon and I can get this off my back.
  13. Latest update finally just received a n159 form asking if I want it to be dealt with papers only, dont agree with it or last option is send completed form to other party. Whats the best option?
  14. is this ok now to send Particulars of Claim: 1) The Defendant entered into an agreement with 3g Hutchinson under account reference 0000000000 ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was cancelled. 3) The agreement was later assigned to the claimant on **/**/**** and notice given to the defendant. 4) Despite repeated requests for payment the sum of ****.** remains due and outstanding. And the Claimant claims a) The said sum of ****.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of 0.044 but limited to one year being 9.52 c) Costs 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. 1. Paragraph 1 is accepted.I have in the past entered into a contract with 3g Hutchinson however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply. 2. Paragraph 2 is also noted but again I do not recall any breach and therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into a Agreement/Contract; and (b) show and disclose evidence of the nature of breach and quantify any debt outstanding. © 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; 3. 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. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract, OFCOM guidance states that any Early Termination Charge that is made up of the entire balance of the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.An Unfair Term and Condition governed by the Unfair terms in Consumer Contracts Regulations (UTCCRs). 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.
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