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SCOOBY1988

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About SCOOBY1988

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  1. Hi I am self-employedand VAT registered, my certificate says my name followed by my trading name. I am now venturing in to a new industry, totally differentto the one my normal line of self-employment is in. I still have to charge VAT? It will be alittle suspicious for customers if for example they were being charged VAT on atree surgery job but the vat name was a motor trading company (That is just anexample, not my lines of work). Do I just get theHMRC to amend my trading name to simply my name? Is that possible? Or do I needa new number? I looked online but couldnot find anything relevant. Cheers J
  2. Hi guy's and girls, been a while since I last used the forum I see it is a great as ever! I am looking for a little bit of business advice on a really tricky situation I am in at the moment. I own a relativley small company (I can not tell you what doing at this moment for good reason), A friend of mine in the same industry is looking at possibly being sent to prison for a very long time (again I can not say why, who or what industry because of this nature). He wanted to sell his company assetts urgently however he was arrested yesterday and put on remand, from what I understand he will not be let out until the case is concluded and the outlook is not good to say the least. I wasnt aware of the serverity until his wife put me in the picture. He and his wife have split (not divorced), they can not and will not speak (Police have told her that no contact can be made). His wife now wishes to sell the company assetts, the company is a sole trader business type, not a LTD company. I have the opportunity to buy everything, however I am a little concerned on a couple of points in which I would like some guidance. 1- Can his wife legally sell off his/his companies assetts? without his permission? Alledgedly it is half her business as well. 2- If she can not and did do so, what action can her husband take when he gets out of prison years down the line? 3- If we did buy it all, had a reciept from his wife and later in time he tried to claim against me can he do so or would it fall on his wife as she has sold it? Would I be essentially handling stolen goods? Any advice would be greatly appreciated. Cheers Scoobs
  3. Cheers Andy, I wasn't too sure to call them out on that as they never specifically said "Defaulted" or " default" although for all intents and purposes that's what they meant. Thank you. Jay
  4. submitted in case I forget tomorrow (really hectic life at the moment). I've a few questions if someone could answer them that would be great. 1- I sent the requests by recorded delivery, they were sent on the 15/10/2016 does this mean they should have responded by the 29th to the requests? Also it appears only 1 letter was signed for, that was Cabot. The two requests I sent to Drydens have allegedly not been signed for yet however I received a letter from them telling me they passed the request on to Cabot! 2- What will happen now if they manage to get hold of the requested documents? Cheers Jay
  5. does that look right, I think it is ok but, its the truth I suppose is what matters? Cheers Jay
  6. Particulars of Claim The claimants claim is for the sum of £1644.80 under an agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimant on 16/03/2016, notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. 3 .And the claimant claims the sums of £1644.80 together with costs. Ammount claimed- £1494.80 court fee- £70 legal rep costs- £80 total ammount £1644.80 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 noted and accepted. I have in the past had financial dealings with Vanquis but do not recall the precise details or agreement. I therefore requested clarification from the claimant who is yet to comply with my request for further information. 3. A section in paragraph 1 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) served by Vanquis. 5. On receipt of this claim, I sent a request pursuant to s78 of the CCA 1974 for a copy of the agreement to the Claimant and the Solicitors. The Claimant has not responded, the Solicitors passed the request on to the Claimant. A further request was made via CPR 31.14 to the Claimants Solicitors, requesting disclosure of documents referred to in the claimant’s particulars. They have responded saying they have passed my request on to Cabot the Claimant. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement b) show how the Defendant has reached the amount claimed for and c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 (4) it is expected that the claimants 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 82 A 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.
  7. Hi I have missed my defence date, it was yesterday by my calculations, I have not had a response from Cabot at all and Drydens replied saying they will forward to Cabot, is it too late to put a defence in now? Cheers Jay
  8. This is the detail on my credit report, I didnt realise they were recent, feels like years ago! Account started 30/10/2012 Default Date 30/11/2015
  9. I send these two requests to the claimant I.E Cabot, not Drydens LTD? The claim form says the claimant is Cabot but to send documents to drydens?
  10. Cabot Financial Date of issue – 29th Sept 2016 Defence in by 31st october What is the claim for – the reason they have issued the claim? POC Claim Number Defendant Details xxx xxxx 1.The claimants claim is for the sum of £1644.80 under and agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimiant on 16/03/2016, notice of which has been provided to the defendant. 2.The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. And the claimant claims the sums of £1644.80 together with costs. What is the value of the claim? £1644.80 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Vanquis Credit Card When did you enter into the original agreement before or after 2007? Unsure 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 Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? I do recall something in the post but cannot find it. Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Low income, couldnt afford it. What was the date of your last payment? Unsure, probably around 2 years ago 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? Not sure to be honest.
  11. I might be being stupid here ( no actually I probably am), I am sure there was a place on here to find the CCA/CPR templates, can someone point be in the right direction, I seem to be lost. Cheers Jay
  12. Hi DX, your awesome, everytime I come on this site for advice or just a nosey around your right on to the issues within minutes, helping others, A credit to this site! to answer your question i am really not sure, I dont have any paperwork I must have binned it at some point having a clear out. Off the top of my head it must be 4 years ago possibly. I will do as you said now. Cheers Jay
  13. Hello you lovely lot, hoping for some advice on my options , quick summary , I had a vanquis account a few moons ago (not enough for SB Defence), eventually I think Cabot bought the debt and are now claiming it through Drydens. Claimant - Cabot Address for sending documents- Drydens LTD POC as written on form, Claim Number Defendant Details XXXXX XXXXXX ( My name) xxx xxxxx xx ( My address) 1.the claimants claim is for the sum of £1644.80 under and agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimiant on 16/03/2016, notice of which has been provided to the defendant. 2.The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. 3.And the claimant claims the sums of £1644.80 together with costs. Ammount claimed- 1494.80 court fee- 70 legal rep costs- 80 total ammount £1644.80 i do recall a few letters of generic threats from cabot, not sure if any of them were notice of assignement. I do not think I have been sent any satements showing what I alledgedly owe and how its come to this figure. Issue date on claim form is 29th Sept 2016 yet it only arrived on friday. What should I do now, acknowledge the claim? Thank you for your help Jay
  14. So essentially they will have to present it before it goes to trial? At which point do I get a chance to dispute it ( if they do not have all the pages of the agreement)?
  15. Here is a scan of their letter today. Does it make any sense, do they have any points?
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