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pbaron

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  1. Update Cohen cramer has wrote back saying they are not dealing with it anymore and that Lowells inhouse solicitors are dealing with it. Got a letter from lowells saying they wish to proceed and including a way of service with the change of solicitors noted court document
  2. Ah now I understand thanks for that. Can't change the submitted defence now so will wait and see what happens Thanks again for your help Andy and Dx100
  3. Ok Andy as follows; Particulars of the Claim 1. The claim is for the sum of £XXX due by the Defendant under a orange account with an account reference of XXX 2. The defendant failed to maintain contractual payments required under the terms of the account agreement. 3. The debt was legally assigned to the claimant on XXX, notice of which has been given to the defendant. 4. The claim includes statutory interest under s.69 of the county court Acts 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £XX 5. The claimant claims the sum of £XX 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. 1. Paragraph 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. 2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of the assignment/breach/balance as requested by CPR 31.14 on the XX January 2017 as acknowledged by the letter received on the XX by the Claimants Solicitors. The Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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 3. Paragraph 3 is denied. The Defendant does not recall receiving notice of the debt being legally assigned to the Claimant. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. Alternatively, 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. 5. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 6. 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. I believe that the facts stated in this claim are true. NAME
  4. thanks for your help defence submitted will keep the thread updated
  5. also i have wrote to orange and requested a SAR can this be noted on the defence ?
  6. Thanks DX but sorry was it meant to be a link as im not sure what you mean ?
  7. just to confirm im Lyndsey Bs husband and has posted this up for her as she cant get access when in work.
  8. Hi again I received a letter from Cohen Cramer saying they acknowledge the CPR request and to still file defence etc and may agree to more time if required. I have also sent off the SAR to orange. I'm now working on my defence so i can get it submitted in good time so i don't forget. Does the below look correct please ? Particulars of the Claim 1. The claim is for the sum of £XXX due by the Defendant under a orange account with an account reference of XXXXXXX 2. The defendant failed to maintain contractual payments required under the terms of the account agreement. 3. The debt was legally assigned to the claimant on XX March 2016, notice of which has been given to the defendant. 4. The claim includes statutory interest under s.69 of the county court Acts 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £XX 5. The claimant claims the sum of £XX Defence 1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. 2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of the assignment/breach/balance as requested by CPR 31.14 on the 21st January 2017 as acknowledged by the letter received on the 30th January 2017 by the Claimants Solicitors. The Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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 3. Paragraph 3 is denied. The Defendant does not recall receiving notice of the debt being legally assigned to the Claimant. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. Alternatively, 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. 5. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 6. 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. I believe that the facts stated in this claim are true.
  9. Morning all I have been paying an agreed payment to Marlin/Mortimer Clarke solicitors for a charging order which they took over from Northern Rock. I have never received a statement of account my question is how do i request one ? Is it a simple letter requesting a statement or is there more depth required ? thanks
  10. Cheers Citizen B and Andy will do. Thanks again to those who have commented i really appreciate it
  11. Hi Dx100uk Hope your well ? I took the card out in 2014. I have received the notice of assignment previously and proof of owning the debt etc with these and due to the amount am just going to pay and get it settled out of the way as im trying my best to get my credit file back to good and dont want to risk any impact on it if that makes sense.
  12. Thanks for the replies. I received the claim form on the 13th its issue date on the claim form is the 8th Feb ! So the date of service will be the 13th Feb (5 days after issue date) so i have 14 days. I do admit the debt and just want to get it paid off in full while i can (Its not a big amount). Just looking at the Defence and Counterclaim form included with the pack. There is a section 2 which says do i dispute the claim due to it being paid which gets sent to the court so possibly my best action as Bazza says as at least its paid and i have informed the court myself ?
  13. Can someone please confirm if what im thinking is correct. I've received a Court form pack from Northampton from Howard Cohen and Co for a vanquis debt. I wish to pay the amount in full but just checking that once i have contacted the claimant and paid it do i need to submit any of the forms to the court or Claimant ? I've looked at the N9a Admission form but it seems to only need completing if *i admit the claim but ask for time to pay *i admit part of the claim I just dont want to settle in full and think its gone away only to receive a judgement Thank you
  14. Morning Hoorah had a phone call from the mediation service saying the claimant has contacted the court and withdrawn the claim !!!!!! Thanks very much for the help ive received i shall make sure i donate to the site later... Is there any steps i need to take now with the court or sending anything to the claimant to stop further attempts Cheers Paul
  15. Morning just got a quick question When i'm sending my copies of the Witness Statement out my partner has signed it. Am i ok sending a copy of the Witness statement signed to the Claimant or should i (can i ) remove the signature Just don't trust them. Oh and they have paid the hearing fee.
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