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oxfordalan

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Everything posted by oxfordalan

  1. Thanks i have re read the letter sent and its says money was owed to littlewoods and they are acting for guess who ...Phoenix ...so i just need to type the letter out and send it , And rememeber not to sign it ?
  2. Thanks for your help i'll be posting the letter on to them ASAP , Just a couple off things . they say the money is owed to littlewoods , Do i put littlewoods in were you have **banks*** or D carter sol ?. And it says in your letter is part .. would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, was the subject of litigation on the xxxxxxx and has yet to be resolved.. ....its says not yet resolved but i had a letter saying carters was now dropping the court case ?? Thanks Alan
  3. Hi All Its me again thought this whole thing had gone away seems like it back had a demand fron anothe DCA asking for payment no court papers yet ? . How should a deal with this thanks Alan .
  4. Hi everyone, May i say a very BIG thank you to all who have help me deal with this case . This morning i recieved a letter from DCA saying the county court clam has now been DISCONTINUED. This is 100% down to you guys thank you so much for your advise . MANY MANY THANKS Alan
  5. Good Morning all, Just to keep my helpers upto date.... its been a week now and still no reply from DCA fingers crossed .
  6. Hi thanks , Was thinking along these lines . 1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx 2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system 3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon 4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925 5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit 6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly. 7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. 8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence Statement of Truth I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge ....Today i recieved a letter from the court .. in it it says ..my defence has been sent to the claimant/solicitor..they may contact you to try to resolve this matter..if it cant then they can inform the court to proceed within 28 days, After that period has elapsed the claim will be stayed, then the only action the claimant can then take will be to apply to a judge to lift the stay. what is a stay ??. thanks everyone for your advice .Alan
  7. Hi B3rty or anyone who can help. Ive spoken to the court about withdrawing my defence, They have told me its been sent to DCA And tho i can resumit it DCA dont have to except it , They said there is a number of ways this can go now, they can just give up,, send the details i asked for ie details off who and when ect, they have 33 days to do thiis then a barring is placed on the claim they can pay to remove this or cancel the claim. to be honest the court just said i had to wait and see . Sorry i seem to have messed this up .
  8. Would this have been what i should have wrote ? if so i'll try to edit it on line, if not i'll ring the court , i better know what i;m saying before i try. a lesson lernt aready. 1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx 2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system 3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon 4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925 5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit 6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly. 7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. 8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence Statement of Truth I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge Signed ..................... Date
  9. Sorry trying to run before i can walk , As ive sent my defence on money claim can i add to it ?? can you please paste a copy off what i should have put in my defence . here is a copy off the letter i was going to send to bryan carter solicitors. In the Northampton county court 2/8/2010 Claim Number: ******** Dear Sir/Madam REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA Europe Bank Ltd. c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim. Yours sincerely,
  10. Hi B3rty. I have just this min come off posting my defence on line not sure i worded it right but i just stated i did not owe money to Phoenix and that i had asked for all details regarding this claim and for whom they were collecting the money for and what goods had i meant to have recieved . Will now post a letter off to DCA asking for these details and wait a reply . God hope i done this wright . many thanks for everyones help will let you know how things go . Alan
  11. Hi All i'm heading for a break down, Have tried to go moneyclaim on line and now its saying the claim number or password i'm giving is wrong but its the claim number on court papers and password sent . do you think its as well to send it by post back to northhampton county court saying i disagree with the claim ?. sorry i seem to come across daft not to good at computers and this is worrying we .
  12. Hi thank you all so much for you advice , But i'm very slow on these matter so please bear with me . right as i understand it i need to defend this claim via the online moneyclaim site , And i need to wright a letter to DCA say i;am defending this claim and ask for all details regaining this claim ?? . And just wait ????. but what if i get a reply and it turns out some thing i did have ???. Regards Alan
  13. Hi, Flagship,Sorry not got a scanning machine but let me give you more details , the court papers say ,, the clamants clam is for goods sold and delivered by the clamant...particulars...clamants a/c ******* to goods sold between 25/12/2003 and 24/12/2008 clam is for 497.82 plus intrest...together with court cost totals 667.75.... its says to send the form back to bryan carter solictors llp
  14. I have received a Court Claim form this morning from Phoenix Recoveries (UK) Limited . I do not have a clue who they are claiming this money for its says for goods recieved between 2003-2008, And is for £677.Have not a cluehow to go about this can anyone help its worrying me sick . Thanks for any help Alan
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