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jj2011

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About jj2011

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  1. Thank you Does the clock restart as of now then? and can they sell it on for somebody else to try their luck? Thanks guys for all your help with this
  2. I have come home today to a Notice of Discontinuance from the court. Would this now be classed as statute barred as I know that the last payment/acknowledgement was going back to Dec 2015?
  3. Hi, Now a month on and it is silent. I am unsure about if there are time limits for them to reactivate the claim or it is automatically dismissed/discontinued. Can anybody shed any light on this please?
  4. Ok. So when would the clock start ticking and would it put the x amount of months back on it? Thanks
  5. Thanks for spotting the error. Tbh I never noticed. I suppose a judge would take a dim view of this type of thing. Now this would become statue barred in approx 2 months. What happens regarding that?
  6. Here are the T&C photographed. Obviously the claim is currently stayed as they never responded, plus I never received the alleged this paperwork until 3 months after the request was made. The screen print of the application was printed in July 2015, so taken them 7 weeks to send it to me! Many thanks
  7. Hi, Terms and Conditions was on seperate pages, but with it. Do you want me to scan those also? The date on the paper I sent was June 2015 Took them 3 months to send them in a legible format to me. Is what they sent me acceptable in court? Many thanks
  8. Here is the document. The following bits contain inaccurate information, which would be provided on application Marital Status Time in employment Employment type Job Title Postcode Middle name The amount they are claiming, I believe is incorrect. The original letter they sent stated around £100 less. Hope this info helps.
  9. New update, Cabot have contacted the information which they say is relevant under the CCA 1974 and they consider the agreement enforceable. Now I know that all the information I provided is not on this form. I certainly provided my work postcode and my marital status. It is required information, this isn't on this form. This has come from Cabot rather than the solicitors, it took them many weeks after the time limit to provide it. What should I do next? Many thanks
  10. Thanks, What are their options? Will the court automatically stay this, or do I need to apply for it? As they failed to provide the information in time, what are my options there? Should I wait and then request it is struck out? It feels to me like they are clutching at straws and wanting to get something out of it, even though I do not agree with the amount owed. Many thanks
  11. Sorry for no replies recently. Had computer problems, only just got back online. Quick update. 1). Mortimer Clarke did not respond to the court defense 2). Cabot didn't provide information about the application until this week. The CPR request was sent on the 11th May 3). They have offered me a "discount" to settle. What would be the best way to move forward with this. I assume that the court will stay the order. The application they sent is basically a screen print of the account, with terms and conditions that are so small that you cannot read them. The statement of account came, which had an opening balance, (which is not the defaulted amount), plus fees added. The notice of assignment is different to the opening balance of Cabot (by about £70) Any advise would be appreciated.
  12. Here we go again, final draft. Have read S69 of the County Court Act. Do I need this in my defense as they are not stating on the claim that they are claiming interest? Please let me know if this is ok. Particulars of Claim 1.By an agreement between Vanquis Bank Ltd (VANQ) & the Defendant on or around 22/7/2009 ('The Agreement') VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. 2.In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 645.71 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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor have been unable to disclose any agreement or statements on which its claim relies upon. 3. ? 4. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. (paragraph 2 of Particulars of claim) 5.I have requested information pertaining to this claim from the Claimant by way of a Section 78 request. To date I have yet to receive a response complying with the request. This was posted on the 16th May via Royal Mail recorded delivery ans signed for on the 21st May. I have also requested information pertaining to this claim from Mortimer Clarke Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 11th May and signed as received on the 13th May The claimants Solicitor, Mortimer Clarke, responded to this request on 29th May 2015. They acknowledged they were taking client instructions. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement was legally terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. 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. Many thanks
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