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Everything posted by Poppay2

  1. Hi Andyorch I think I got confused back in 2014 as the claim was for the 'Aqua' card, but letters from Caboot looked so alike i thought they were for the same debt. the Aqua one went to court but no-one from Caboot turned up, the claim was set aside and costs awarded to me.
  2. Hi ds100uk Echoing my thoughts exactly, that is what I intend to do, if anyone rocks up I will say am calling the police and also say they are harrassing me which is also against the law (I think). I dont tend to answer my front door unless I am expecting someone. I recently had the London Intelligence branch knocking on my door asking about the novichok incident, I wouldnt let them in, and told them I had no information as I dont spend all day looking at what cars are driving past my house. therefore visitors such as resolva-call have no chance of access into my house. Even if I do happen to answer the door. I will keep you updated.
  3. Back again...... Looks like CArbot are having another go at this debt. Even getting a company called Resolve-acall to call round to my house, they have sent me letter dated 18th Jan which I recieved yesterday, giving me 7 days to contact them. This debt is now Statute Barred - Statute Barred letter to CABOOt? Or to their Resolve-acall people, who are threatening to visit me at home!! regards Poppay2
  4. thanks everyone I was convinced was going to court. the closeness of the offer letter and the letter of discontinuance is also very odd. Lets hope this is the end of it, as it should be statute barred in a few weeks/months.
  5. Hi Everyone Update on proceedings. I received a letter offering a £200 reduction on the total sum owing (which had somehow increased to over £3k) a couple of weeks ago on a Friday, I did not reply till the following Tuesday I received a letter from the solicitors advising that they had filed a discontinuation with the court. Which I found incredulous, but would not actually believe until the court advised that this was so. No reason was given for the discontinuation. This week I received the letter from the court advising that the claim had been discontinued. poppay
  6. Hi All had a call from Mediation service, but the answer to their first question meant that the case had to be transferred to the court. Answer was that despite years of asking have not received documents from the claimant. currently awaiting instructions from the judge.
  7. im sure it will go all the way to court, just have a feeling, just taking it one day at a time. not going to fret over xmas, as am in too good a mood and am just planning to enjoy the festive season. Merry Xmas everyone
  8. Have completed the form n180. In the post today, a copy to the court and a copy to the claimant's solicitors.
  9. I have received form N180 for mediation, which needs to be returned by the 31st December. so far it looks pretty straight forward, will complete it over the weekend, as getting difficult to do this stuff at work at present.
  10. Just counted the days, not including the 5th Nov, it is exactly 28 days 6th Nov to the 3rd Dec since filing my defence, I recieved the letter on the 4th Dec. I bet they are in time, but just hung it out as long as possible?
  11. Filed the defence on 5th November by email, court verified receipt by email also. Weightmans letter is dated 3rd December
  12. Hi All Finally heard from Weightmans... ..it says... . We write in respect of the above mentioned proceedings. We have received your Defence and can confirm that our client does not accept such. Accordingly, we have written to the Court to request that the matter proceed as defended. Yours faithfully I am guessing this is pretty standard so far?
  13. It may be that I'm using a work laptop, and our laptops tend to be tied down pretty tight, there may be something that is not activated, which is causing the issue.
  14. I am now, despite the blip on the mcol site. amazing how my mood has improved, now that is out of the way will keep you updated as to what follows
  15. OK, I've stopped panicking. Apparently you get locked out for several hours if you try more than 3 times, but I always very careful about saving correct log in details. I called them anyway and they advised send by email, which I have now done.
  16. My log in details are not working for the MCOL site I made a note of them, but they just keep coming back as incorrect. I am panicking now, does this mean that my ack never registered? i do have a number but I cannot seem to find out how to access this. I dont appear to have recieved any emails from mcol
  17. I know, just been wired the last couple of days and still crossing the t's and dotting the i's
  18. I have made amendments to points 1 and 2. I did have a letter of assignment years ago therefore cannot deny. Particulars of Claim 1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (AquaCard)- Credit Card and having account number *********** ('the Account'). 2. The Claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3. The Defendant is indebted to the claimant in respect of the account in the sum of **** 4. The Claimant claims the said sum of **** plus costs. court fee £*** Legal representatives costs £** total **** ###Proposed Defence#### 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. 1. Paragraph 1 is noted. I have in the past had financial dealings with Aqua Card. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 2. Paragraph 2 is noted. 3. Paragraph 3 is denied It is 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 with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. Despite several requests being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00 for each request; the latest request being **th October 2015 the Claimant remains in breach of the sec78 request. The Claimant has advised DCA that they do not have a CCA. I have retained said correspondence. 6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon. 7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.
  19. I think I need to add the fact that no statements, notice of arrears, or of charges added have been sent to to me in this defence but not sure where in the defence I should add it. Unless I do this when it gets to court? Is the defence ok as is as need to get it Mcol today?
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