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Mr Wits

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About Mr Wits

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  1. Good Afternoon Burke666, Just had a email from the Adjudicator saying that my settlement form has been sent to QQ. So my question is did QQ contact you before making a payment into your bank account or does it just go in within a time frame. Had 4 loans with them, QQ are repaying the last 3 as the first one was for £350 and the other 3 were for £1500 each a big jump up. Also had about 4-5 rollovers on the last loan. Hope you can help? Kind Regards Mr Wits
  2. Good Evening Burke666, Any luck with payments from QQ?? As I am still waiting for a payment from them Kind Regards Mr Wits
  3. Good Morning Burke666, Great News ;-) Have you received payment from Quick Quid yet? Kind Regards Mr Wits
  4. Good Afternoon Neil6534, No reply from Payday Express, FOS have sent them a deadline of 14 Days to issue a Final Response. Clock is Ticking
  5. Good Evening, Thanks for the info, think I will leave them 2 as I only had a few loans with them. Lending Stream (2 Loans) have cleared my loan of £2400 (£1050 and the rest interest) and amended my credit file (after a number of emails back and forth) Swift Sterling (2 Loans) with the Malta Financial Ombudsman Quick Quid (4 Loans and few rollovers) had to go to Financial Ombudsman with which I won Wonga (6 Loans) had to go to Financial Ombudsman with which I won Payday Express/Payday UK (7 Loans) with the Financial Ombudsman So far so good
  6. Good Evening, Thanks for getting back to me, what does the above mean?? Kind Regards Mr Wits
  7. Good Evening, I am trying to locate email addresses for Yes Loans and Liquid Advance which I had loans with, I am trying to reclaim my interest charges from these companies. Could someone help with this please?? Thank you for your time ;-) Kind Regards Mr Wits
  8. Good Evening Andy, Just a quick few questions before I send this off tomorrow: 1) Do I just send it back to the court? Or do I need to send one to MKDP as well? 2) On the questionnaire it says: Do you agree to this case being referred to the Small Claims Mediation Service Yes/No?? Thanks for all your help Regards Mr Wits
  9. Hi Andy, Thanks for getting back to me so quick, The Credit Agreement has not been signed anywhere?? Letter says please find enclosed a reconstituted copy of your Credit Agreement together with a copy of the Terms of your credit agreement received from the original lender in relation to the above claim.
  10. Good Afternoon Andy, Hope all is well? I have received a lot of information back from Barclay's and MKDP relating to this court case, I will list them below and see what you think: 1) MKDP have sent me a Directions Questionnaire for my records and also the Court has sent me the same thing. Can I fill this out online? 2) MKDP have sent me a letter with the following: We write with reference to your response to our claim. Please be advised that we do not accept the contents of your defence and have therefore informed Northampton (CCBC) County Court that we intend to proceed with the claim. The court will write to you in due course. However, we are mindful of the uncertainty and expense associated with legal action and therefore we are willing to offer you a 20% discount on the outstanding balance in full and final settlement of our claim. The settlement figure may then be paid either by way of a lump sum or instalments based on your financial circumstances. 3) MKDP have also sent me information on my Credit Agreement 4) Barclaycard has sent me all info on my Subject Request So was wondering where to go from here?? Thanks for all your wisdom and knowledge Kind Regards Mr Wits
  11. Hi Andy, Many Thanks for getting back to me so fast, here is the amended version that I will be submitting today: The particulars of the claim are as follows: 1.The Claimant claims the sum of 2,363.81 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. 2. The Defendant's account number was************* and was assigned to the Claimant on 20/02/2013, notice of this has been provided to the Defendant. 3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 2,363.81 and costs. The Claimant has complied, as far necessary, with the pre-action conduct practice direction. Proposed Defence 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 on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted from a vague recollection I have had financial dealing with Barclaycard in the past but I am unaware what the claimants refer to, in particular or the account number in question. 3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment. 4. Paragraph 3 is denied. If true what is denied I have never been contacted with regards to payment since any alleged assignment over 2 years ago. If the original creditor has issued a default notice, which is denied....then they have also failed to serve any Notice of Sums in Arrears pursuant to the CCA2006 sec86C also, nor has the Claimant as Assignee since any alleged assignment. Pursuant to section 86D should the creditor or owner fail to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. 5. It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not. 6. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim. 7. Notwithstanding the above a request was made under the customer credit Act 1974, by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act. A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not yet responded to that request. 8. It is therefore not accepted 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 with the Claimant; and b) show how the Defendant has reached the amount claimed for; and c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 10. On the alternative, as 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. 11. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act. 12. 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. If you can just cast your eye for the last time over this? Kind Regards Mr Wits
  12. Good Morning Honeybee13, Dually Noted ;-) Many Thanks for letting me know Kind Regards Mr Wits
  13. Good Morning Andy, Just a quick update: CPR and CCA Request were received and signed for on the 27th March 2015. As yet no reply from anyone. My Defence below, hope you can look over it for me: The particulars of the claim are as follows: 1.The Claimant claims the sum of 2,363.81 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. 2. The Defendant's account number was************* and was assigned to the Claimant on 20/02/2013, notice of this has been provided to the Defendant. 3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 2,363.81 and costs. The Claimant has complied, as far necessary, with the pre-action conduct practice direction. Proposed Defence 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 on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted from a vague recollection I have had financial dealing with Barclaycard in the past but I am unaware what the claimants refer to, in particular or the account number in question. 3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment. 4. Paragraph 3 is denied. If true what is denied I have never been contacted with regards to payment since any alleged assignment over 2 years ago. 5. It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not. 6. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim. 7. Notwithstanding the above a request was made under the customer credit Act 1974,by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act. A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not yet responded to that request. 8. It is therefore not accepted 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 with the Claimant; and b) show how the Defendant has reached the amount claimed for; and c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, as 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. 10. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act. 11. 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.
  14. Good Morning One and All, Hope you all had a great Easter? Just an update on the situation, I sent all the paper work that was mentioned above on 25th March 2015. But I have had no replies from anyone yet and I need to action a defence by the 20th April 2015 or before if possiable. Any ideas on what to do next? Hope some one can lead me in the right direction? Kind Regards
  15. Good Afternoon CitizenB, Thanks for all the info, will get these sent off today Kind Regards
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