storeman
Registered UsersChange your profile picture
-
Posts
22 -
Joined
-
Last visited
-
Happy new year to all. I have just received a load of bank statements and my £1 back from Lowells, the statements have my ex partners name on them and my name appears in the address only. I thought this was all over and done with, can they drag it all up again 5 months after discontinuing ? Any help on what to do next would be appreciated.
-
Just found this defence how does it look? 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 claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment up until receipt if this claim. On receipt of this claim I requested information pertaining to this claim from Brian Carter and Lowell's by way of a CPR 31.14 and a section 78 request. Brian Carters response was that they won’t comply and that it’s based on a simple contract which I should have in possession Therefore with the courts permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. 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.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...
IPS spam blocked by CleanTalk.