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gibster1957

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About gibster1957

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  1. Thanks for that dx/Andy, so to get this going do i write to Lowells offering a Tomlin order ( minus the interest that was added during the period the account was live) and a sum that is affordable to me. Thanks
  2. They aren't knocking anything off dx, its just the directions questionnaire agreeing to the small claims mediation service.
  3. I take your point Andy, they are not offering anything really. So as im reading this my options are to wait for the N180 to arrive from the court and agree to mediation OR to write to lowells offering a payment plan. Looking at the paperwork they sent me regarding transactions, there is over £ 1000 in interest.
  4. Hi all, After receiving notification from the court that my defence has been acknowledged, I have just received a letter from lowells offering settlement/ mediation. Would they do this if they were sure that they had a cast iron case?. If I just ignore this, is the next step just to wait to hear from the court, or should I contact them to offer a token payment and stop this going any further. As my credit is very good now and I do believe they don't have all the documentation ie original cca/ original default notice, I really don't want a ccj if it went against me. Thanks guys.
  5. Submitting defence this week, would appreciate any comments/ alterations before i do (Andyorch). Many Thanks
  6. Ok, thanks dx. When would be the best time to file it?
  7. Thank you dx, will replace with Hbos. Will get on mcol this week to submit.
  8. 1) The Defendant entered into an agreement for a Halifax (credit card) account under ref ******* ( the agreement) 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the claimant on **/**/2018 by and notice given to the defendant. 4) Despite repeated requests for payment the sum of £3283 remains due and outstanding. And the Claimant claims a) The said sum of £3283 b) Costs Hi Guys, the following is the defence i intend to submit. I would be grateful of any suggestions comments. DEFENCE 1)The Defendant contends the particulars of the claim as they are vague and generic in nature.I accordingly set out my casebelow and rely on CPR16.5(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 a contractual relationship with Halifax however i do not recognise the particular account number referred to and have requested a copy of the agreement pertaining to this claim.As of this date, the Claimant has failed to comply with my section 78 request and therefore remains in default of s78. 3) Paragraphs 2 & 3 are denied. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR31:14, therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into the agreement with the Claimant and b) show how the Defendant has reached the amount claimed for and c) show evidence and service of a Default Notice pursuant to sec 88 of the CCA 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 4) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant to lay claim to contraventions of 136 of the Law of Property Act and section 82a of the Consumer Credit Act 1974. 5) By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thanks Guys.
  9. Many Thanks dx. I will get the defence put together.
  10. Hi all, today I have received documents from lowells after my Cpr31:14 request. On opening they are exactly the same as requested on my pap form and which I have uploaded previously . They are saying that they will not send any more documentation as it has all been provided. I am in the process of getting my defence together before submission but there are so many I have read I don't really know which would be the most applicable. Any suggestions would really be appreciated. Thanks Guys.
  11. Hi all, a few days ago I received a letter from lowells telling me that court proceedings are being taken ( a bit late for that as I have had the claim form for over a week). I have not heard anything as yet from Lowell solicitors since sending the CPR31:14 off to them. I need to be doing my defence on Mcol website but would appreciate any help on how to word it. Any suggestions would be appreciated guys as I have never done anything like this before. Thanks guys.
  12. Thanks Andyorch, Thats now done. I will get it off to them by recorded delivery on Monday.
  13. Thank you dx. I have just filled in all the details on MCOL . I am trying to fill in the CPR31:14 from the template in the library but i am unable to edit it ( not very computer savvy). I have got most of it done however i cant edit claimants name/my name/ case number etc.
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