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bloodline67

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About bloodline67

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  1. Thanks dx, what is the reason for waiting for the actual mediation?
  2. Ok, just had an email from the mediation service asking me to contact them to arrange a date for mediation. I’ve still not had any other information from Lowell apart from the letter I mentioned in an earlier post saying they were contacting the original creditor. Do I still say yes to mediation even though I don’t have enough information?
  3. Just had the Court allocation paperwork through, do I agree to mediation even though I haven’t had any paperwork back from Lowell?
  4. Thank you all for your advice. Just to put my mind at rest, I’ve got nothing to worry about then? I can’t find any of the relevant letters at the moment but I guess as they’ve included my defence in the the letter I uploaded then the courts must of received it and sent it to them. And am I right in thinking that it’s stayed because they didn’t pursue it in time and that if they wanted to take it to court again they would have to pay to have the stay lifted?
  5. How can I be sure the claim is stayed? I’ve not had any letters notifying me of this.
  6. Do I need to black out the amounts on the statements?
  7. Last July Wilkin Chapman issued a claim against me I responded with my defence as far as can remember sent back the court papers once they arrived agreeing to mediation heard nothing until this week. I’ve attached the covering letter for you to see. Can they take this long to reply and what do I do next? l can upload the rest of the information if required. Thanks Untitled_1.pdf
  8. Thank you very much, I really appreciate your time and patience in helping me sort this out.
  9. Thanks Andy that’s most helpful. How does this defence look? 1.The defendant opened a studio regulated consumer credit account under reference *********on 15/09/2012. 2.In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. The agreement was later assigned to the claimant on 25/09/2015 and written notice given to the defendant. 3.Despite repeated requests for payment the sum of £360 remains due and outstanding. And the claimant claims the said sum of £360interest pursuant s69 count courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of 0.076 but limited to one year being £27.91 Costs Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1 I am unaware of any legal assignment or Notice of Assignment allegedly served 25/09/2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 On the 31/01/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance. On the 12/02/2019 Lowell have sent a letter stating they have asked for a copy of the agreement and statement and will contact once a response received. To date 18/2/2019 I still await their compliance. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. Yes I did quote the two acts and when I asked to speak to the supervisor I was told that when they put me on hold they spoke to their supervisor and that they would tell me the exact same thing. Ok, time is running out now which defence do you recommend?
  11. That post from Andy about the default date got me thinking, if that date is correct then studio should have that information as it’s less than 6 years so I phoned them again. Once again the only information they have is my name, address, account number and that it had been sold to Lowell. That must mean either the date on my credit report is wrong or studio dumped all my data once they sold it to Lowell. Not sure if any of this is relevant but thought I’d let you know
  12. I didn’t want to file the SB defence just in case it wasn’t or do you think that’s the right way to go ? I appreciate that you have explained to me about the defence filing date I was just hoping someone could confirm whether I had worked it out correctly or not. I will try another credit provider as you suggest and also double check my bank account. I didn’t think the defence I copied was that old i will have a look tonight to try and find a better one, though if the defence needs to be in tomorrow I will need to do it tonight as I won’t be able to do it tomorrow
  13. I’ve found this defence in another post which is very similar to my case, if I tweak this for my details would it be ok? Particulars.... 1.The defendant opened a studio regulated consumer credit account under reference ***** on 08.11.2008. 2.In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. The agreement was later assigned to the claimant on 28.06.2017 and written notice given to the defendant. 3.Despite repeated requests for payment the sum of £440.6 remains due and outstanding. And the claimant claims the said sum of £440.66 interest pursuant s69 count courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of 0.097 but limited to one year being £35.25 Costs Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. Paragraph 1 is noted. I have had an agreement in the past with Studio but do not recognise the account number referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. I am unaware of any legal assignment or Notice of Assignment allegedly served 28/06/2017. On the 06/12/2018 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant responded with a letter dated 13/12/2018 enclosing a copy of an assignment. Enclosed is a copy of a letter dated 23/08/2017 introducing Lowell and saying that Express Gifts have sold the account to Lowell. On the 13/12/2018 Lowell have sent a letter stating they have asked for a copy of the agreement and statement and will contact once a response received. To date 27/12/2018 no agreement and statement have been received. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 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.
  14. Yes I have acknowledged service and stated to defend all. I better sort out my defence then if it’s due by Tuesday, though I thought I had longer. Must have got my dates wrong.
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