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soldierx

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  1. I just want to say big thank you for all your help. I'm pretty dim when it comes to legal stuff and this was a great help. Thank you.
  2. Update on situation.... Hi All, Well, following my defence the court sent me a letter acknowledging said defence. The court advised that the claimant has 28 days to contact the court after receiving a copy of my defence otherwise the claim will be stayed. The court sent me the letter on 6th April 2023. I then heard nothing until today, the claimants (Overdales), sent me a letter. (attached) I think its safe to ignore this isn't it? overdales letter.pdf
  3. Once again, Thanks DX100uk, I have added the CPR 31.14. I don't recall any request for a I&E whatever that is. Would you say that this is now ready to send over? 1.the Defendant contends that the Claimants 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.I have not entered into an agreement with British Gas. As British Gas were the energy provider of the property I moved into, I was required to furnish them with my details in order to change to a new provider, subsequently British Gas failed to transfer my Gas account to my new provider. 3. I have sent a CPR 31.14 by Royal Mail on17th March 2023, to date the claimants solicitor has failed to supply any bills, only a notice of assignment. 4.Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3). 5. Therefore with the court's permission the Claimant is put to strict proof to:- a) show and disclose how and where the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) 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 (4) it is expected that the Claimant prove the allegation that the money is owed. 7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  4. 1.the Defendant contends that the Claimants 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.I have not entered into an agreement with British Gas. As British Gas were the energy provider of the property I moved into, I was required to furnish them with my details in order to change to a new provider, subsequently British Gas failed to transfer my Gas account to my new provider. 3.Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3). 4. Therefore with the court's permission the Claimant is put to strict proof to:- a) show and disclose how and where the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) 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. It is therefore denied that the defendant is indebted to the claimant as alleged or at all. How is this?
  5. Sorry, I thought you asked for the claim form. I haven't prepared my defense as I have no idea what to write. I need lots of help.
  6. Hi guys, I spoke with the court this morning regarding the mcol password and he advised that I could email it across, but worryingly he told me that I have missed the deadline. According to him the deadline to file a defence was 3rd April. Is this right?
  7. Man, you are a life saver. I wouldn't know where to start with these things. Thanks very much. I've had a look at the thread which closely resembles my case. Just worried about time here. I need to prepare a defence and get it to the court by Friday, Can i ask for more time?
  8. I tried posting on mcol but for some reason it wouldn't recognize the password from the claim form. anyway, this is what I intend to write although i haven't sent it through yet: ' I dispute this claim because British Gas made a mistake and did not transfer my gas account to Scottish Power. British Gas admitted this in a phone call but still continued to pursue the claim which was not my responsibility. Also, I did not enter into an agreement with British Gas, they were the default energy provider in the house which i purchased and I had to register with them first before i was allowed to transfer my account to a new provider. I had already taken out an account with scottish power and British Gas were holding up the transfer of my Gas account. British Gas provided no valid reason for holding onto my account and held onto it until they had a accumulated a bill of around £300. Why should I be liable for something that I had not agreed to and which is clearly not my fault.' Please let me have your thoughts on this.
  9. using the court claim form N9. Is there something specific i should include in the defence? i've searched on C|AG but couldn't find anything.
  10. Hello again, I filed a CPR on 14th March and got this reply today verbatim: We refer to your recent letter, which we received on 20th March 2023. As this matter is not regulated by the Consumer Credit Act 1974, the original creditor is not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. As per your request, a copy of the Notice of Assignment has been enclosed for you to review. As you are aware, a county Court Claim was issued to you on 6 March 2023. You should now respond to the claim form, how you deem appropriate, as per the guidance on the form. Should you wish to dispute this matter, we ask that you enclose all details of your defence within the relevant sections. If you are admitting the debt in full and wish to pay by instalments, please contact one of our agents on XXXXX, as our agents are available to complete the admission form with you over the telephone. Alternatively, you can complete the form and return it by post to the address provided, or to the court. Please ensure you respond to the claim within the time frame set by the court. Failure to do so may result in a County Court Judgement (CCJ) being entered in default against you. As the account is now subject to legal proceedings, you may wish to seek independent legal advice from a solicitor or the Citizens Advice. If you wish to speak with a member of our team, please call us between 8:30am - 7:30pm Monday to Thursday, 8:30am - 6:00pm Friday or 9:00 - 2pm on Saturday, on the number provided. Yours sincerely,
  11. Date of issue is 6 March 2023 + 19 Day days (14 + 5 days to acknowledge) + 14 days = 8th April 2023. So sorry for my ignorance, I have no legal knowledge whatsoever. Are the above dates correct and what you need?
  12. Thanks so much DX100, I have posted the CPR letter today and completed the online form. can i now file a defence?
  13. Hi there, Thats brilliant, answers as below: Which Court have you received the claim from ? Northampton Name of the Claimant ? Lowell Portfolio Ltd, Ellington House, 9 Savannah Way, Leeds Valley Park, Leeds LS10 1AB Date of issue: 6th March 2023 What is the claim for – the reason they have issued the claim? The claim is for the sum of £299 due by the Defendant under a British Gas account with an account reference of xxxxx (12 Digits). The Defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on 26-11-21, notice of which has been given to the Defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £23.89. The Claimant claims the sum of £323.00 What is the total value of the claim? £422.52 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I'm not sure, I received a letter advising that if i didn't pay, then a county court judgement will be issued against me. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No When did you enter into the original agreement before or after April 2007 ? After April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? By Phone Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. The Debt purchaser has issued the claim 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 Sums in Arrears” or " Notice of Arrears "– at least once a year ? Can't remember Why did you cease payments? I didn't cease payments. British Gas didn't transfer my Gas account to Scottish Power in the allotted time and kept charging me for Gas at the higher rate which I did not agree to. I disputed the sum as it was not my fault that they withheld the account. What was the date of your last payment? Probably December 2019 Was there a dispute with the original creditor that remains unresolved? Yes, British Gas were billing me for something that wasn't my fault. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, I disputed the debt from outset. I've completed this to the best of my knowledge. Hope its ok. Thanks in advance for your help.
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