Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

The_Debt_Man

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    199

  • Joined

  • Last visited

 Content Type 

Everything posted by The_Debt_Man

  1. The_Debt_Man
    ??
  2. The_Debt_Man
    Thanks for the reply I told you I was confused....hehehe So do I now need to call up the mediation number ? And if so do I just tell them that I want Lowell to prove that I owe the debt ?
  3. The_Debt_Man
    I've just received this “general form of judgment or order” letter today: Does anyone know what what it is and what i need to do? From reading it there seems to be 4 options but I'm really confused
  4. The_Debt_Man
    What do you guys think I should do ?
  5. The_Debt_Man
    Another update..... I've received this email from the mediation service: "Good morning, Your case has been referred to the Small Claims Mediation Service as both parties have requested Mediation on the recent Directions Questionnaire that has been submitted to the court. Please telephone us on the below number to discuss booking a mediation appointment. Due to high demand for mediation please telephone as soon as possible." What exactly is this? And is there a time limit on when I need to call them by?
  6. The_Debt_Man
    Thanks guys That's why we need forums like this. I thought it was best to ignore it because i read this part “If you do not comply with this notice the court will make such order as appears the be appropriate. This could include striking out the claim or entering”. So will i need to show up to court as i don't think this is the online court like it originally started out?
  7. The_Debt_Man
    Thanks for the reply What do you mean when you say: Also is this how I should fill in the form:
  8. The_Debt_Man
    Sorry i didn't see your reply until now. but I've already donated 4 times since. About a week ago i received a letter from BwLegal saying “our client intends to continue with the claim”. Today i received another letter from the court saying: “Notice Of Proposed Allocation to the Small Claims Track Important Notice If you do not comply with this notice the court will make such order as appears the be appropriate. This could include striking out the claim or entering judgment. TAKE NOTICE THAT 1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed. (this line has a line through it). 2. It appears that this case is suitable for allocation to small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (form N180) and explain why. 3. You must by 8 September 2014 complete the Small Claims Directions Questionnaire (form N180) and file it with the court office. the County Court Business Centre, 4th Floor St Katharine’s House, 21-27 St Katharine’s Street, Northampton NN1 2LH. And serve copies on all other parties.” Then there's a 4 page questionnaire for me to fill in. Does anyone know what this is or if i even need to fill in the questionnaire ?
  9. The_Debt_Man
    A bit off topic.... Is ticking the box to accept an agreement on an online application just as enforceable as one that has been sent out to you to sign and send back? I was going to ask on the general part of the forum about donations. I clicked the donate button last night to make a donation and it took me straight to PayPal, but there was nowhere to put in my username to show where the donation has come from. Is that just how it is?
  10. The_Debt_Man
    It was just that the letter from BW legal said that they will be going all the way back to vanquis, so we will just have to wait and see. I've been reading loads on the forum and I'm learning a lot (just shows how much i didn't know at the start). I'm also finding it interesting reading cases that will never apply to me. Its a bit annoying when people sort out their problem but never post back to let us know how it panned out. Thanks again for all the help you've given me so far dx, I ts a shame this forum doesn't have a thanks button (or am i just not seeing it).
  11. The_Debt_Man
    Oh ok I've already submitted my defence the CPR and CCA wouldn't do me any good unless they want to keep things going in court? Sorry if my questions sound stupid but I'm trying to learn all this as i go along.
  12. The_Debt_Man
    Another update.... I received this from BW Legal today: Aren't they a bit late for the CPR 31.14 now?
  13. The_Debt_Man
    Let's hope they don't come up with any paperwork then. Am I right in thinking that if its discontinued then that's the end of it but if its stayed then it can be brought back up at a later date? Thanks again for all the help everyone
  14. The_Debt_Man
    Quick update... I received a letter from the court today that says: From experience what do you guys think will happen next ?
  15. The_Debt_Man
    Yes, I submitted it straight after my last post. I haven't heard from anyone yet but I'm guessing it will take at least a few days for it to get looked at. From experience what I the usual outcome from this sort of situation?
  16. The_Debt_Man
    Ok your one looks better Ill edit it and submit it now. Wish me luck
  17. The_Debt_Man
    A HUGE thanks for all the help I looked at the link you sent and theres not much in that defence that needs editing. Does this look ok? 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. I have in the past had financial dealings with Vanquis .I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3.Paragraph 2 is denied I am unaware of what account the claimant refers to. 4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from 16/07/2012 or ever having being approached pre litigation with regards this alleged debt. 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 with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 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 section 77/78 request and remain in default and with regards to my CPR 31.14 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.
  18. The_Debt_Man
    Oh no So what happens now?
  19. The_Debt_Man
    I'm really stuck here guys. I'm running out of time and can't find any defence that's suitable for me to edit Thanks again for all the help so far.
  20. The_Debt_Man
    Ok ill have a look around. What sort of defence should i be looking for, something on the lines of having no agreement with Lowell and no response from the cca and cpr ? Sorry to be a pain guys but I'm having a hard time finding a defence that i can modify to suit my needs Also do you know how long i have to put in my defence ?
  21. The_Debt_Man
    Ok thanks Is there a defence template i should use or do i need to come up with something on my own (not sure i would know where to start) ?
  22. The_Debt_Man
    Thanks Do you mean submit my defence? How long have i got from the time i acknowledged it?
  23. The_Debt_Man
    I thought they had to respond within a set time by law. Also is there anything else i need to do with the court as all I've done is acknowledge it and that was on the 04/07/2014 ?
  24. The_Debt_Man
    Need a bit more advice guys I sent off the CCA and the CPR 31:14 on the 07/07/2014. I've tracked them on the royal mail website and it shows that the CCA was delivered on the 09/07/2014 and the CPR 31:14 was delivered on the 10/07/2014. Am i right in thinking that they only have another 4 days to get back to me and what do i do if they don't? Also I've only acknowledged the claim with the court, don't i only have a short amount of time before i need to do something else?
  25. The_Debt_Man
    Good job I asked....lol For some reason I had it in my head that the claimant was vanquis and the solicitor was Lowell. Looking at it again I can see that Lowell is now the claimant and court claim form says to send all documents and payments to BW LEGAL so I'm guessing that's the solicitors. So CCA Lowell and CPR 31:14 BM Legal

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...