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mike331

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About mike331

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  1. Thanks Andy, I appreciate the speedy reply, I'll make the advised revisions and submit. I'll post up any updates. Regards, Mike
  2. Thanks Andy, I've drafted a defence referencing and adapting some recent embarrassed defences you have posted (inputted on) on CAG. The POC in the claim form I received wasn't paragraphed as such more like one paragraph, would you advise that I include the POC in my defence as below to refer to in my line items, or just remove reference to paragraphs in my defence? Or is this not an issue? I added a paragraph in my defence to the request I made to the claimant under s.78 of the Consumer Credit Act 1974. The claimant received this 14 (working) days ago and has not responded. Do you think I
  3. Hi there, I just wanted to post up an update. I sent the CCA request to the claimant (Capquest), and CPR request to the SOLs (recorded) which we're both delivered on 11th Nov, I haven't received a reply to either request as yet. Defence is due in mid next week and wanted to start thinking about drafting this up in the next couple of days. Any advice on best approach? Shall I use some kind of adapted embarrassed defence stating no response to CCA and CPR request so I'm unable to respond to the claim? It would be good to know what my position is, as it stands? Any advice, greatly
  4. Useful to know, thanks Andy. I'll post up any updates. Mike
  5. Thanks for the quick response Andy. I'll get these letters drafted and sent off ASAP and see what they come back with. Just one thing, on the CPR request should I ask for a copy of the 'signed' credit agreement? Mike
  6. Hi everyone, I received a claim form from northampton CC yesterday (dated 1st Nov) and would be really grateful to get some advise on how to proceed. I had some financial issues a few years ago and debt spiralled out of control, loads of late charges and interest applied via various creditors when I was struggling to keep my head above water and I just buried my head in the sand. I've managed to sort out most of the debt over last few years but haven't had any dealings with capquest to date, I am trying to move things forward and really need to avoid getting a ccj from this after so many
  7. Hi Andy, Below is a revised defence, I left in the line about non compliance to the CPR 31.14 request so it is highlighted to the court. I have tried not to particularise in too much detail at this stage as suggested. Any feedback would be greatly appreciated. I'm going to submit online tomorrow. Many thanks, Mike DEFENCE 1. The Defendant denies that the Claimant is entitled to any of the relief claimed or at all. 2. For want of any or any adequate particularity appertaining to the allegations concerning the account, the Defendant is embarrassed and unable to
  8. Hi Andy, Defence due this Wednesday 1st Aug. I'm planning to submit online tomorrow at the latest. I'll have a look at what to exclude from initial draft defence, would be great to get your thoughts on the above and what to remove/add? I've just logged in to the MCOL and seems to make sense, I guess I just type name after statement of truth? Thanks, Mike
  9. Thanks for the above advise, much appreciated. Andy - I agree with your points and I don't want to submit an application if disclosure is inevitable before the trial (should the case progress), I will happily play the long game. I've found a defence on CAG and adapted it below, I think I may have got a little carried away, do you think as much detail is necessary? I can strip it right back.. What do you think of point 14? Would be great to get your thoughts? Many thanks, Mike DEFENCE 1. I, XXX of XXXXXXXXXXXX am The Defendant in this action and make the followi
  10. Hi Andy, Quick update on this. I called the number the sols listed on the claim form and it was IND. They gave me the number for the sols so called them explained that I was after an 28 extension and they said no one available to speak to and referred me back to IND, who said I needed to speak with the court. I said that they need to agree the extension in writing etc. but they seemed to be pleading ignorance. I ended up speaking to the court who said that I can either submit the form to the court requesting more time requesting the docs (and fee back) or enter a partial defence, which I'
  11. Thanks Andy, Great advice, I'll call the sols and ask for the 28 day extension, hopefully they will be reasonable. Will post up the developments. Cheers, Mike
  12. Andy, if you're about it would be great to get your view on this? Here's what I'm looking to do based on my previous post. SAR response from HSBC. Try to find some document linking me with the current account and go to a branch with another form of ID. If I can't find anything then I'll print off a page from from my CRA report and use instead. I've moved a few times since this account was active btw. No response to CPR31.14 - 14 days has expired now, I have to submit my defence by 01.08.2012 (so will probably submit on line next Monday latest). Shall I try to call sols tomorrow
  13. Hi all, I thought I'd give an update on the latest developments. I received a letter from HSBC late last week regarding the SAR request and the letter states that they cannot proceed with the request as the signature doesn't match what they have on records. A separate form was sent along with the letter stating that I need to take to a local branch so they can verify my identity before proceeding. This also asks for more details about the request, what it's for, which accounts and that they can't provide any information relating to PPI claims which I though was a bit stran
  14. Appreciate you're help Andy, I'll get the letters sent off and will post up any developments. Thanks again, Mike
  15. Thanks Andy, Yes it's Robbers way registered as the creditor on my CRA for the default. I've adapted a CPR 31.14 letter to suit (I think) and copied below. If you could give it a quick once over before I send I'd really appreciate it. I've added a couple of comments in red where I wasn't sure. Cheers, Mike Dear Sir, CPR 31.14 for Letters of Facility On (date) I received the Claim Form in this case issued by you out of the (Name) county court. Case No. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contes
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