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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

oldagehappens

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Everything posted by oldagehappens

  1. oldagehappens
    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. oldagehappens
    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. oldagehappens
    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. oldagehappens
    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. oldagehappens
    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. oldagehappens
    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. oldagehappens
    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. oldagehappens
    Thank you Andy.
  9. oldagehappens
    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.
  10. oldagehappens
    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?
  11. oldagehappens
    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.
  12. oldagehappens
    Hi folks, I'm trying to find the draft defence templates but struggling, can you link me please. Thank you.
  13. oldagehappens
    Ok, thank you.
  14. oldagehappens
    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.
  15. oldagehappens
    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.
  16. oldagehappens
    I've done all that so far. How do I defend?
  17. oldagehappens
    Name of the Claimant ? MFS Portfolio LTD Date of issue – 11th May 2016 What is the claim for – 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and halifax 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 What is the value of the claim? - £6800 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Credit Card When did you enter into the original agreement before or after 2007? After - 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - DCA Were you aware the account had been assigned – did you receive a Notice of Assignment? - Yes Did you receive a Default Notice from the original creditor? - Can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Yes Why did you cease payments? - Payments were made to OC via SO and not redirected to DCA. These were stopped at Xmas. What was the date of your last payment? Dec 2015 Was there a dispute with the original creditor that remains unresolved? - No, the account has now been closed according to credit file. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - OC was notified of reduced income, all was negotiated direct with no 3rd party assistance. DCA has been sent a CCA request. It is now 16 days. They have responded advising they don't hold the agreement and have asked OC for it. CPR has been sent to solicitors and they have refused to acknowledge the letter unless I physically sign it.
  18. oldagehappens
    Ok, claim form for this has just been delivered. The POC are rather limited too. What are my next moves please.
  19. oldagehappens
    I've read lots on the forum and understand that most of them never go anywhere once assigned. That hasn't stopped Robinson Way filing a claim for £350 though. That I can deal with, even if they get judgement I can afford to pay it off within a month, this card though. Crumbs, it will go past £7000 at court. Seen loads of posts on how restons are very aggressive in their approach and like charging orders.
  20. oldagehappens
    Taken out in 2008.
  21. oldagehappens
    A court claim landing and then getting a CCJ
  22. oldagehappens
    Once the 14 days are up should I send a letter of dispute to them or not? Just a little nervous as I want to continue paying the debt though Cabot won;t talk to me. If i spoke to solicitor are they even going to let me have a payment plan.
  23. oldagehappens
    Here you go. It's now 14 days and I haven't heard anything back from Cabot about the CCA. The other thing to mention here is Cabot won't deal with me now, they said I had to talk to Restons. Almost like it's too late to redirect the payments to us kinda thing.
  24. oldagehappens
    No, that's the thing. It didn't say anything about 'may'. It's titled MFS Portfolio vs yourself. They have also sent out an income and expenditure form which is lengthy to say the least. Even asking about property values.
  25. oldagehappens
    Restons wrote to me demanding payment or they will issue legal proceedings. I then filed a CCA request with Cabot (who haven't responded yet) and also sent a letter to Restons informing them I've asked their client for the documents. Restons have responded to my letter saying "they have received this draft letter which purports to come from you but which is unsigned' Should I ignore Restons or send a letter back saying they are happy to send me demands but when i want documents they beat around the bush about a signature.

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