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MrJohnW

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  1. 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. The Claimants pleadings are noted. The defendant has in the past had financial dealings with Morses. The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 3. The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt. 4. The Claimants pleadings regarding the assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or Morses. 5. It is therefore 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; and (b) show and evidence any cause of action and service of a Default Notice (c) 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; 6. On receipt of the claimants letter before action dated 01/12/2021 I requested copies of the information requested above by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974. The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 7. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) pre claim pursuant to PAPDC changes of the 1st October 2017. The creditor must provide that document/information requested within 30 days of receipt of the response or provide an explanation as to why it isn’t available. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 8. As per 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 82 A of the consumer credit Act 1974. 10. 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.
  2. It was taken out about a week before the Lockdown. Thanks, I will add PAP stuff now that now.
  3. What is the claim for – the reason they have issued the claim? 1THE DEFENDANT OWES THE CLAIMANT £XX UNDER A REGULATED LOAN AGREEMENT WITH MORSES CLUB PLC DATED XX AND WHICH WAS ASSIGNED TO THE CLAIMANT ON XX AND NOTICE WAS GIVEN TO THE DEFENDANT ON THE XX(DEBT). 2.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY 3.AND THE CLAIMANT CLAIMS XX AND FURTHER CLAIMS INTEREST THERON PURSUANT TO SECTION XX OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE THEROF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO XX. What is the total value of the claim? ~£475 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. The Claimants pleadings are noted. The defendant has in the past had financial dealings with Morses. The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 4. The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt. 5. The Claimants pleadings regarding the assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or Morses. 6. It is therefore 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; and (b) show and evidence any cause of action and service of a Default Notice (c) 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; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974. The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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 82 A of the consumer credit Act 1974. 8. 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. I was going to insert something about them failing to adhere to the 30 days requirement of the PAP as its now been 5 months but having now read the PAP from Justice.gov.uk I cant see anything that requires them to do so. Have I misunderstood that aspect?
  4. Name of the Claimant ? Lantern Debt Recovery Date of issue – 02/05/22 AOS 21/05/22 - defence 03/06/22 Particulars of Claim What is the claim for – the reason they have issued the claim? 1THE DEFENDANT OWES THE CLAIMANT £XX UNDER A REGULATED LOAN AGREEMENT WITH MORSES CLUB PLC DATED XX AND WHICH WAS ASSIGNED TO THE CLAIMANT ON XX AND NOTICE WAS GIVEN TO THE DEFENDANT ON THE XX(DEBT). 2.DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY 3.AND THE CLAIMANT CLAIMS XX AND FURTHER CLAIMS INTEREST THERON PURSUANT TO SECTION XX OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE THEROF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO XX. What is the total value of the claim? ~£475 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes, December last year. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Morses Doorstep Loan, of which the agent never returned. When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Home Loan Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Unknown, I am unable to get her to apply to one, even the free one. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Unsure Why did you cease payments? Agent never turned up, Mainly due to pandemic I assume although they never turn up for these things. What was the date of your last payment? None made Was there a dispute with the original creditor that remains unresolved? Unaffordable lending maybe? No complaints were made but I see provident etc are all shutting up shop. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Will mark as defended and work on the defence.
  5. It was a standard for her, due to her isolated location, unaffordable Doorstep loan who then never turned up to collect any payments.
  6. Yes, its a DCA not Morses directly. They have been quite sneaky in their wording but it is 30 days PAP letter. No form though, I would get the one from here anyway to send to them.
  7. Hello, Helping my friend out again. This last year has been rather lovely for her as she has not been sent constant DCA letters but here they go again. Have any of the procedures changed since Covid or is it still the same CPR/CCA and wait for documents or court paperwork(and fill out the form)? Thanks
  8. Sorry, I am a little confused by that. I don't think I have tampered with what you guys edited to be Para 1?
  9. 1.By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account. 2.The Defendant failed to make the minimum payments due. 3.The Agreement was terminated following the service of a default notice. 4.The agreement was assigned to the Claimant. THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs 1. The Defendant contends that the particulars of claim are vague and generic in nature and make no mention of any account numbers with which to verify the claim nor has any supporting evidence been supplied. 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. The Claimants statement is noted. The defendant has in the past had financial dealings with JD Williams. The Defendant does not recall the precise details or agreement. 3. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol). They have 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. 4. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on **/**/**** from either the Claimant or JD Williams. 5. It is therefore 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; and (b) show and evidence any cause of action and service of a Default Notice (c) 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; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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 82 A of the consumer credit Act 1974. 8. 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. Hi, Sorry about the late reply its been very busy. CCA and CPR are being typed up now ready to go out tomorrow. I had her look at her credit file and she thinks she has found the correct one for Cabot with a date that matches the one on the claim but it has her current address not the one she was living in at that date. No information on last payment or defaulted date. Also, no account number on Cabots claim form either. Honestly she has had multiple accounts with JD Williams various outlets over the last 20 years, at least 3 with Jacamo who keep lending to her despite her having no income. She is trying to get herself out of that debt cycle, but she is disabled and easily led by others to do silly things.
  11. Hi, I guess the DCAs have come out of hibernation as my friend has had a Claim Form today. Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income. Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100 and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame. I assume its the same respond for more time and send off a CPR and CCA? Name of the Claimant ? Cabot Financial Date of issue – 22/02/2021 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account. 2.The Defendant failed to make the minimum payments due. 3.The Agreement was terminated following the service of a default notice. 4.The agreement was assigned to the Claimant. THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs What is the total value of the claim? £8XX.XX Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence. Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence. Why did you cease payments? More than she could afford. What was the date of your last payment? No Idea as we do not not which account it is for. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.
  12. Its now named to my wife which is why its so odd as all the household bills are in my name. I dont really want to correspond with them as you say I will get sucked it. I will ignore it, probably best. Thanks
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