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Heretolearn

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  1. Hi anyone help keep getting the below no matter how many times I put a signature in on mol site The following errors have occurred: Signature is required. its ok , called , sorted
  2. Okay , Hopefully final draft (kept missing CCA Request out) 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 it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. 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 the nature of the breach and service of a valid default notice; © 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; 7. 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 / CCA Request 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  3. Updated draft 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 it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. 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 the nature of the breach and service of a valid default notice; © 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; 7. 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 / CCA Request 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 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. 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 it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. 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 the nature of the breach and service of a valid default notice; © 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; 7. 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 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Updated
  5. okay here is my defence guys 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 it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 27th July 2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. 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 the nature of the breach and service of a valid default notice; © 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; 7. 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 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  6. Cheer Good Morning Any hints on what to post as defence thanks
  7. Hi good day , defence day is nearing , as issue date was actually 21st, as yet only corespondence Ive had is mortisers saying they have passed the request on to the claimant... damm predictive text....mortimers not mortisers !!
  8. Received letter from mortimers today saying they will wait for their client to come back to them , and that their client may not have the relevant paperwork
  9. Probably around 18 months ago I had various letters from them saying that even though they could not produce a CCA, they would keep in touch via post enquiring on my ability to pay...then they would send it to mortimers who would then send the usual Our client has instructed us blah blah then back to Cabot Ignored all then this Came...
  10. Name of the Claimant ? CABOT FINANCIAL UK LIMITED Date of issue – 20 JUL 2020 Particulars of Claim What is the claim for – 1.By an agreement between New Day Ltd Re Marbles & and the defendant on or around 15/09/2016 (the agreement) New Day Ltd Re Marbles agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payments due T3.he agreement was terminated following the service of a default notice. 4.The agreement was assigned to the claimant. 5.THE CLAIMANT THEREFORE CLAIMS 1. 850 2.Costs What is the total value of the claim? 980.30 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? NA 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 ? 15/09/2016 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure Need to check 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? Yes 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 ? No Why did you cease payments? HAD NO INCOME What was the date of your last payment? JUNE 2017 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
  11. Have sent them (cabot) a previous request for CCA, but they never produced one, worth asking again?
  12. Hi All good morning Today received a Northampton Claim Form from Cabot/Mortimer Solictors, probably a wide shot to grab a ccj without a response , any advice on the way forward ?? go for the CCA, / which they failed to produce before...
  13. This is a CCA debt which they provided CCA , and paperwork of usual stuff court threat etc , unless agreement was set up If you go back through the thread , this was suggested by a cagger
  14. No , I am already dealing with them on another debt which is an instalment plan , but buttons
  15. It was a annual statement from lowell Default 2017 last payment then which probably negates the six year drop off
  16. Just an update , received a letter regarding just before 30/06 From Lowell's chasing two debts... .I did notice they were CCA taken out 2nd of july 2014 I have never acknowledged them with Lowells who purchased them from OC, my last correspondence with OC was 3 years ago , would these now go under the six year drop off or does that start from the last contact with oc 3 years ago Just a word for anyone going through a crisis with Debt problems , it will get better , , control what you can control. don't worry about what you cannot control, this website has been amazing , and continues to be , if you can donate please do
  17. Ok , updating to this thread... .Stalemate with Cabot , as they cannot produce a CCA, Cabot have come back today and now are threatening a CCJ in 4 weeks , ie pass it on to their solicitors if I do not respond, even though they were unable to produce a CCA...shall I hit them again with another request...?
  18. Update, Letting them sweat, average threat-gram is once a week Also can anyone advise on the below Vanquis CC... I defaulted on payment on minimum payment with them , we agreed for me to pay a nominal sum per month , then in june last year without warning they gave it to Arrow.. .I ignored the one letter from Arrow... and also cancelled the nominal payment to Vanquis, nothing heard of until yesterday , when I receive a letter from NCO Europe demanding payment etc, I understand under GDPR rules, all parties need your consent to release data, ie Vanquis to Arrows, Arrows to NCO Europe...
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