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oldagehappens

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About oldagehappens

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  1. Hi All, Claimed has been stayed since last December, they have now wrote to me saying that it's currently unenforceable, they will continue to ask for the relevant documents. Should I do nothing or should they be withdrawing the claim? Thanks in advance
  2. Hi All, So it's been 7 months with the claim stayed and not a peep from Restons. They have now sent me a copy of the signed agreement so looks like they will be applying to lift the stay and proceed. Can I argue about non compliance, do I stand a chance of getting anywhere?
  3. Hi Bankfodder. Just looking at the dates, according to MCOL website "You filed a DQ on...." is actually a few days after the date on this form of judgment. Do you think it's an overlap in times? They've sent it out before our DQ was registered.
  4. Hello folks, I'm sure I had a thread on this though it's not showing in the search. I have filed a defence in the allowed time, DQ was sent out and rejected, filled another out and re-submitted. MCOL is showing that we have submitted, albeit late. This has arrived through the post. Can somebody advise me on it please? It's asking to submit another DQ within the 7 days....I'm lost. We have already submitted it! Do we have to submit again?
  5. Ok, thank you for the prompt replies. I shall send a third one using her maiden name. I was unsure whether it was correct. Cheers.
  6. Hi DX, No, this is another one that we have dealt with alone after learning from the site. The court I believe, they keep saying '3rd party'.... this is my wifes legal name now though so I don't see the issue.
  7. Hello all, We have submitted a defence and then received the DQ. This was returned to us as invalid due to my partner filling it in and asking me to deal with it on her behalf. We have resubmitted another one and they have rejected this as the surname is different to the claimant. We are married now so my wife is using her current name, they wont accept it as the claim in in her maiden name. Can they do this? I feel like they are doing it on purpose because now we are over the 14 day limit to have the DQ filed.
  8. Good evening, How does this look as a defence? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and halifaxicon dated on or about XXXX and assigned to the claimant on XXXX. PARTICULARS a/c no - XXXXXXXXXXXX Date - XXXXXXX - ITEM - Default Balance Value £6200 post Refril - NIL 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 upon CPR r 16.5 (3) in relation to which a specific response has not been made. 2. The Defendant accepts that he has held an account with Halifax in the past 3. On receipt of this claim I requested information pertaining to the claim from Reston’s Solicitors and Cabot Financial (UK) Ltd. by way of a CPR 31.14 and a section 78 request dated XXXXX. 4.Reston’s Solicitors have refused to accept this request as genuine and refused to respond to further requests without a copy of my signature despite, postal details remaining the same. 5. The claimant has failed to supply any supporting documentation. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right either under statute or equity to issue a claim. d) Show the alleged account has been terminated in the correct manor. 7. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 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.
  9. Ok, thank you for the help. I have been searching and looking over lots of things on how to draft a response. The part that is baffling me is the POC on the form. It's so short, there is no mention of credit card, credit agreement, notice of assignment, default served. Nothing.. .. it's like prestons are deliberately not putting things in so you can't ask for relevant documents in the defence. Just, it's a contract... Should i put in my defence about CCA, notice of assignment?
  10. Hi folks, I'm 14 months into a £12,000 car loan via my business through Santander Consumer Finance. The loan (HP) was over 48 months with £3000 of interest. I have to date paid £5000 back yet the settlement is £10,000. Only £2000 of the loan has been paid off. I understand that at the start of the agreement you tend to pay more interest than principle but the ENTIRE interest in the first year? Does this sound right? Thanks in advance.
  11. Hi folks, I'm trying to find the draft defence templates but struggling, can you link me please. Thank you.
  12. Hi folks, I've sent a CPR to solicitors and they wont do anything as it's not signed. Should I send another and sign it? Just thinking about defense side of things and whether they will use the fact it wasn't signed. Thanks.
  13. Ok, great. If they do send through and able to enforce it. What would be my next option? I guess I can't stop a CCJ hitting my file? Are you able to then negotiate monthly payments? Sorry for all the questions. I need a drink.
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