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limelight

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About limelight

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  1. Hi, My son has received a Single Justice Notice Procedure having been stopped for no Insurance. Stopped on Monday 3rd July - the day he started his new job at 6.35am. However, the police officer wrote the wrong date on the ticket - he put 3rd June which was a Saturday, although in his written statement he has put the correct date. Any chance of getting this thrown out as the police officer's evidence is inconsistent? Roadside ticket is dated for a completely different day.
  2. Hi All, Quick update. Received a copy of an order from the judge last week instructing the claimant to file detailed particulars and provide the documentation I have requested by the 21st June or the claim will be struck out. Cheers.
  3. Hi All, I couldn't find a "marriage" related forum but please move this post if not relevant here. Mortgage issues is the closest I can get to. Here are the basic details. My daughter has been married for 5 years. They have 3 young children. Mortgage is in the husbands name. Both are named on the Deeds Husband is the only income earner. Husband decides to up and leave - not wanting to be involved anymore. A girlfriend has subsequently appeared on the scene. My daughter has agreed to take over paying all the bills and pays 50% towards the monthly mortgage payment. Husband want's to get back on the property ladder and restart his life and also have somewhere to have his kids at the weekend. He wants to force her to sell the house, split the equity and go their separate ways. My daughter is not in a position to do this with 3 young children. She doesn't work so even with some equity wouldn't qualify for a mortgage. Whatsmore, she didn't choose to be in this situation. It was his choice to up and leave. He refuses to rent even though he can afford to do so as he see's it as throwing money down the drain. Does he have any legal right to force her out and is she obliged to help him in some way restart his life? Cheers.
  4. So I have my N180 this morning. Do I just follow the same option? Go for small claims track and mediation? Or do I force it into court seeing as they've not produced any documentation so far? Cheers.
  5. Hi All, update on this one. I have received a letter from Lowells with a copy of their directions questionnaire enclosed. Note they have not satisfied my CPR or CCA request as yet. With the directions document they are seeking: Small claims track Mediation No expert witness Any thoughts? Many thanks.
  6. Revised 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 accepted in as much as I have in the past had financial dealings with Vanquis. However I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request. I am unaware of what account or contract the claimant refers to. 3. Paragraph 2 of the claim is denied as I am unaware of any default notice being served pursuant to sec87(1) of the CCA1974 4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in January 2016. 5. The defendant submitted a request for documents pursuant to CPR 31.14. on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply. 6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply. 7. 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 with the Claimant; and (b) show and evidence the nature of breach and service of a Default Notice © 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; 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. In 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. 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.
  7. First draft below (Planning to submit online tonight) Quick question: Should I finish off by asking for a stay or for the claim to be struck out? Particulars of Claim 1) The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference xxx xxx xxx xxx ("The Agreement"). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 26/01/2016 4) Despite repeated requests for payment in the sum of £419.31 remains due and outstanding. And the Claimant claims a) The said sum of £419.31 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.092 but limited to one year being £32.07 c) Costs 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. The claim is denied with regards to an amount due under an agreement. The Claimant has failed to disclose any agreement or statements on which its claim relies upon. 3. Paragraph 2 of the claim is denied as I am unaware of any default notice being served. 4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in January 2016. 5. The defendant submitted a request for documents pursuant to CPR 31.14. on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply. 6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 23rd January 2017. The claimant acknowledged receipt of the request but has failed to comply. 7. 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. 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. 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.
  8. Ok cheers, so I assume I go along the lines of no cca or response to my request for documents so unable to provide a full defence??
  9. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10th Jan What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference xxx xxx xxx xxx ("The Agreement"). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 26/01/2016 4) Despite repeated requests for payment in the sum of £419.31 remains due and outstanding. And the Claimant claims a) The said sum of £419.31 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.092 but limited to one year being £32.07 c) Costs What is the value of the claim? £451.38 court fee £35 Legal costs £50 Total £536.38 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 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. Assigned as per particulars Were you aware the account had been assigned – did you receive a Notice of Assignment? Nope Did you receive a Default Notice from the original creditor? Nope - appeared on my credit file in the name of Lowells this year (Not as proposed in the particulars) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Nope Why did you cease payments? Dont know - fell off my radar if this is actually my debt. What was the date of your last payment? No idea but less than 6 yrs 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 managementicon plan? No
  10. Hi All, 2 weeks have passed and I have no response to my CPR or CCA request. Do I just leave this and wait or should I inform the court?
  11. You'd think so wouldnt you. A few years ago I sorted everything out, paid all debts and cleaned everything up based on what was reported on my credit file. I had 32 credit accounts - yes 32 and so my initial reaction is that I have no debt any more. The default went on my account in December and there's no historical reference to Vanquis. Anyway, it is what it is and if I have to pay I will. I had an issue about 10 years ago where someone took out credit in my name so I'd rather double check and be sure.
  12. Well. in view of the default I've seen today on my file and that the letter states the account was opened in 2012 I think this is a genuine debt. I'll wait and see what they come up with but will probably just pay it as claimed unless I can negotiate a discount which is probably too late now.
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