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Orchid47

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Everything posted by Orchid47

  1. Not sure, will need to check and let you know
  2. I have a copy of the letter that Rastons solicitor drew up on the day and got me to sign
  3. The Judge set the amount. He asked during the Court hearing if I could manage to pay the amount he suggested and it was agreed
  4. Ok, CCJ entered as above in August last year, As agreed by the Judge at the hearing and then agreed by Rastoons I pay a monthly amount by direct debit and always on time why am I now being hounded by Rastoons to fill in a income expenditure form now????? Im getting texts, they're sending me letters?????
  5. @BankFodder @stu007 just wondered what you think are next steps Letting agent should have emails of conversations, we certainly do
  6. Yes, apart from the Mortgage Company Do they notify the Mortgage Company, or do I have to????
  7. Just received an Interim Charging Order for the above, along with a copy N379 - Im presuming all this is normal? Do I need to do anything? Its not obvious
  8. Thank you. What happens next? Are they just given more time by the court to find the docs?
  9. Ok, so here goes Please can you just confirm that the font coloured red is correct to put? 1. The claim is for the sum of £8000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx upon which the defendant failed to maintain payments 2. A default notice was served upon the defendant and has not been complied with 3. The Balance owed was assigned from Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. The Claimant claims £xxxxx is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall a default notice being served. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice; and (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; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as 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. 9. 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. Thank you
  10. Letter arrived today saying that Solicitors acknowledge receipt of request made under CPR 31:14 and confirm they are currently liasing with client for relevant documentation Upon receipt of the documents they agree to a further 28 day extension in accordance of CPR 15:5 in order to file my defence Sorry to sound stupid, but what does this mean? The deadline for filing the papers on the MCOL site is end of Monday?
  11. But how can you prepare when you don't know what the defence is based on?
  12. Still waiting for response for CCA and CPR 31:14. Have to submit defence by 26th (bank Holiday) so just wondering what I do if nothing has arrived?
  13. Name of the Claimant ? Arrow Global Date of issue – 25th July 2019 Particulars of Claim 1. The claim is for the sum of £8000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx upon which the defendant failed to maintain payments 2. A default notice was served upon the defendant and has not been complied with 3. The Balance owed was assigned from Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter What is the total value of the claim? - £8000 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? Before Do you recall how you entered into the agreement...On line /In branch/By post ? 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not the company that has filed the Claim 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 ?Not than I have any knowledge of Why did you cease payments? Recession and loss of work What was the date of your last payment? Was paying £1 monthly until 2015 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? Yes I wrote to them in Feb 2010 and offered £1
  14. Ok, I feel sick now that they pulled the wool over my eyes
  15. In 2009, I had instructed a company called BPS Law to help me sort out my finances. I paid them around £1000 to help sort out my finances !!! They were a sham and in Feb 2010 I terminated my contract with them because 14 months after engaging them they had still not started on anything and asked for a refund of my monies In March 2010 I requested a CCA and SAR from Sainsburys Bank for an account that they say was opened in March 2003 In March 2010 I received a letter from Albion Collections who at that time were given the 12 working days to respond and failed to reply On 9th April 2010 I put the account into dispute I cant recall any other communication and cant find any agreements etc Then this arrived from the County Court Business Centre last week dated the 25th July 2019 Ive been away working since then So Particulars of claim are; 1. The claim is for the sum of £8000.49 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank under the account number xxxxxxxxx upon which the defendant failed to maintain payments 2. A default notice was served upon the defendant and has not been complied with 3. The Balance owed was assigned from Sainsburys Bank plc to the Claimant, and the defendant has been notified of the assignment by letter Contact Drysdenfairfax on 0113 ==== So, Please can you tell me how I respond? This was 10 years ago, I honestly cant remember what the situation was with this? I don't have any paperwork I don't know if Drysden have a Credit Agreement etc? Am I right in thinking I have to have responded online by the 7th August???
  16. Apologies this has taken so long to give you the details of the Hearing So, at Hearing the Judge said that the Hearing was based on Probability. It wasn't like a murder case when it was black or white, my hearing would be based on Probability The Judge discredited the Agreement Document being illegible because he said at the time of signing I would never have signed it if it was illegible in all probability The Barrister then mentioned section 98a and that under Section 98a Crabot can serve their own notice - she said they were not reliant on a Default Notice from the original Creditor The Judge asked the Barrister if the Default Notice was in the correct format and had it been served correctly because all we had in Court was a Computer Screen print out The Judge did not accept that Lloyds Bank didn't use the software package that was visible on the screen heading. He wasn't interested in this issue He said that Restons obviously have access to Lloyds files and presented the information in the software that they used The Judge was more interested in the Default Notice being in the correct format The Barrister for Crabot pushed the view that they purchased the debt - not the agreement, and that I didn't have an agreement with Crabot So, none of the above applies because I have a debt with Crabot - not an agreement So, my defence went out the window The Judge said he thought the case should be adjourned for 10 mins and that I should consider offering Crabot a monthly payment because if I didn't and if the case did go in my favour today that Crabot would issue their own default notice and then serve me Court Papers again and we would be back to square one So we adjourned I was up against a Barrister who knew exactly how to confuse the Judge and a Judge who didn't understand enough about it Needless to say this didn't end well I do need to thank you for your committed advice and help with this I feel like I let you down - unfortunately because when you are put in the situation I found myself in I didn't understand the Law enough to argue against a Barrister and a Judge Im sorry
  17. No, not good. Will post a report as soon as I can. Thank you for your support with all this
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