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About flinko

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  1. Apologies for the formatting once again.... If I don't withdraw from the hearing what is the worst that could happen cost wise?
  2. bugger, either didn't notice or understand that, too late now I guess - I suppose I could withdraw but unless I can get this struck out I would more than likely have to declare bankruptcy anyway. The application was made on the basis that my CPR request wasn't complied with and was therefore unable to offer a full defence. When you say "serious explaining", what do you mean? - surely a screen print of a current status of an account is insufficient evidence of a notice being served?? Isn't it up to the claimant to provide the documents that form the basis of their PoC? what about Law of Pro
  3. Update : I have a hearing for my application next week and have been busy drafting a skeleton argument. However, the claimants have now (1 week before the hearing!) sent me a pack including the original agreement (which is for a loan from Egg and seems to be correct, my signature, dated August 2000 etc) - however they have sent a screen print of some computer code as evidence that I have been served a default notice and a letter from the claimant themselves to me, from 18 months ago, to say that Egg have assigned them the title, right to interest etc - aren't Egg themselves supposed to do
  4. Am I correct in thinking I have 5 days + 14 days + 14 days from the issue date to submit a defence? (5 days service, 14 days AoS, 14 days to submit claim) The issue date on the claim form was 5th November so should have until Saturday 8th December to submit? Also, Any thoughts on this defence statement please? DEFENCE 1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim ('the Agreement' or contract) the Claimant has yet to disclose any Agreement or contract as to
  5. I can't admit or refute because I don't know and there has been no evidence provided to say what its for even, let alone anything else. I have had a credit card AND a loan in the past with Egg (not with the claimant of course) but cannot remember how they were settled, if at all. So do I enter a "unable to defend" plea or something? (until I DO get evidence of what it's for) I Don't really understand how I can admit to or defend something when I don't even know what it is for and haven't been shown any documentary evidence regarding any agreement made.
  6. Can you advise, or direct me somewhere I can find out, what I should base my defence on please if not non-disclosure? I was planning to submit it online via MCOL, seems easiest method. By the lack of response from them I can only assume they don't have any documentary evidence to back up their Particulars of claim.
  7. Should I put a defence in 1st and then once time has elapsed try to get it struck off with N244? Defence based around the fact that I have had no docs sent to me to support the claim (and the particulars) and thus I don't actually know what the claim is for etc and therefore am unable to plead It was issued on the 5th so I have a week or so left until the 28 days are up (+ 5days of course)
  8. Sent a cpr 31.14 2Weeks ago giving them 7 days to respond and have had no response. Called shoosmith and spoke to the claim handler who started that my request had been forwarded to the claimant who will be now dealing with it internally. What should I do now, proceed with n244 or allow more time? The 28 days are up next Tuesday.
  9. Can someone also assist with the formatting? It's putting everything I type into one looooong sentence despite the fact I am putting them into paragraphs, adding italics to quotes etc
  10. This is in the POCs.......... "1. The claimant's claim for the sum of 2423.28 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Egg (No. 128*****) and assigned to the claimant on 10/05/11, notice of which has been provided to the defendant". Wouldn't the “(No. 128****)” after “Egg” be the account number? I mean do I still need to send a CPR part 18 to request the account number if that is the account number? If I still need to send the CPR18 then is this worded correctly? To: Britannica Recoveries S.A.R.L - Arrow (cla
  11. It seems that it was an Egg loan in this case - so the SAR should go to Barclays or Canada Square Operations?
  12. Thank you ever so much unclebulgaria - will get on with this on Monday! I will send a SAR to the Worthing address I think as a) im not sure if this is a card or loan and b) if it was a card then it would have been closed back in 2007-2009 I would think.
  13. Hi I think Egg got sold a few years ago and accounts sold to different companies? Yorkshire Building Society maybe - im not sure, Could I not send a SAR to the people who are chasing the debt (Brittanica)? If not, how could I find out who owns the part of Egg that this claim is for (load/credit card etc)? And also, do I reply anything to Northampton CC in the 1st instance?
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