Jump to content

micheybabes

Registered Users

Change your profile picture
  • Content Count

    33
  • Joined

  • Last visited

Community Reputation

1 Neutral

About micheybabes

  • Rank
    Basic Account Holder

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Thank you again Andy and dx Just emailed defence and got a confirmation back
  2. Yes I might do that, I've filled out the written form as well just in case, mcol still not working
  3. Thanks dx, still not working for me but I'll keep trying
  4. Tried logging on mcol site, won't accept my details, they are correct, from past threads it looks like it may be having a temper tantrum, will try again in the morning
  5. Thank you so much, after a pretty rubbish few days (had to lose my pup yesterday) this has been weighing so much on my mind, cannot tell you how much it means to have you help me with this. A million thank you's!
  6. Thank you both of you I've searched lots of old threads and I've tried to edit according to my circumstances
  7. Sorry, reference not account numbers right here are the particulars of claim, as per claim form 1) The claim comprises the following Agreements the Defendant entered into : a. JD Williams & Company Limited with reference ******** and current balance of £1681.86 b. JD Williams & Company Limited with reference ********and current balance of £593.75 The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant. And the Claimant claims : a) The total of the said sums being £2275.61 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year, being £182.05 c)Costs
  8. Hi Andy Sorry should the account numbers be added? Michelle
  9. Hi this is my first attempt (be gentle with me) Thank you in advance Particulars of claim for cross reference. 1) The claim comprises the following Agreements the Defendant entered into : a. JD Williams & Company Limited with reference ******** and current balance of £1681.86 b. JD Williams & Company Limited with reference ********and current balance of £593.75 2.The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant. And the Claimant claims : a) The total of the said sums being £2275.61 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year, being £182.05 c)Costs 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 noted. I have had an agreement in the past with JD Williams & Company Limited but do not recognise the account numbers referred to by the claimant. 2 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. 3 On the 22/08/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . 4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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; and (b) show how the Defendant has reached the amount claimed for; and (c) Show and evidence any breach and service of a Default Notice which it refers to in their particulars; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6 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. 7 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. Thank you, I'm looking through them now to get lots more info Much appreciated
  11. Received a letter from the lovely Lowell today confirming they had have received my requests and are waiting for more information from the creditor and will be in touch. Now to start my defence
  12. I'm sorry I wasn't very clear. I've also sent off cpr request now and will complete my defence. I understand I've not got to sit back and wait for a response from Lowell. Michelle
  13. Hi just an update. Sent my cca request off by recorded delivery yesterday with postal order included, so now just waiting to hear back Thank you for your help in guiding me Michelle
  14. I know Lots to take in and I'm not very good with the legal jargon, sure they try and make things as complicated as possible so prior think it's easier to just give up and give in
×
×
  • Create New...