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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 Property Act (1925) s196 - Regulations respecting notices - Since I never received any notice of assignment, then are they not in breach of this?
  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 this? also, surely a screen print isnt sufficient evidence of a default notice being served? Not sure what to do now this week as this will obviously change my defence a bit. They have, of course, invited me to withdraw my application now they have fulfilled my CPR31.14 (despite being way past the deadline!) any thoughts/pointers?
  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 the defendants CPR 31.14 Request. The claim fails to disclose any cause of action and is extremely vague in nature. The claim fails to deal with the basic rules of CPR, even allowing for the constraints of a bulk issuer. 2. The defendant has absolutely no knowledge of any debt, and despite my asking for proof that a debt exists nothing has been forthcoming. 3. No documents supporting this claim have been attached in the particulars despite a request under CPR 31.14, and as a result of this, the defendant is unable to plead in defence to this claim. 4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original document he will rely on. 5. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement or contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. Furthermore, even if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974. 8. The claimant has failed to comply with sections III AND IV of the pre action conduct "practice directions" 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 10. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim
  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 (claimant) Please answer the following questions: 1. What date is shown as the date the Defendants account was transferred from Egg to the Claimant on the Deed of assignment? 2. What is the Egg account number shown on the Deed as being the Defendants account?...................... the formatting of the post is not following what im actually typing sorry!
  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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