MissTinks1975
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Everything posted by MissTinks1975
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Thank you dx. I will check the MCOL website and see if there has been any update on there.
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Thank you for your question as it has reminded me to post on here. At the moment nothing has happened since my post on 18th December 2014. I needed to ask the chaps on here what I should be doing next. Is there any way that I can apply to the court and make sure that this is over once and for all. At the moment they may bring this back up again in the future? I am sure I have read somewhere on here that there is something that can be done. Any thoughts and advice greatly appreciated. Thanks.
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Ok thank you Andy, I will wait and see what happens next and will update when I know more. Miss T
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Good Afternoon, I have today received the following response from the court CASE NUMBER ******** ME III LIMITED-v-************** I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. Self explanatory but is there any advice needed here please? Thanks in advance
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Defence Submitted. Thank you Andy & dx for all your help so far I will let you know when I have an update
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Good morning Andy & dx, I will be submitting the defence this afternoon. Can you confirm whether I copy & paste the whole draft defence including the POC onto MCOL? Many Thanks
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Thank you Andy
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No not yet Andy
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Thanks for clarifying dx & Andy & thanks ccholland for trying to offer help I'll be posting the defence fri & will update on what happens next
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Thank you
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dx & Andy Is this going to make a difference to the defence?
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Thank you for the advice.
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I am not sure...why do you ask please?
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Thank you. Do you think that this is suitable?
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Just looking...I think that's how the example above that you posted ends...can you confirm. Just looking back myself at the post
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OOps, think I have missed off the final paragraph...just having a look
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Hi dx & Andy Here goes...here is my draft defence ###Particulars of Claim### 1.Monies due under current account overdraft. The claimant's claim is for the balance outstanding under a Bank account facility Clydesdale Bank Plc trading as Yorkshire Bank (CYRB) agreed to maintain for the defendant. 2.It was a term of the bank account that any debit balance would be repayable by the Defendant in full on demand. Despite a demand being made, the defendant has failed to repay the amount due. 3.The debt was assigned to the claimant on 20/8/2010. 4.The claimant therefore claims: 1. £3,251.14 ,interest pursuant to section 69 of the county courts act 1984, namely 2. £1,676.04 & and continuing until judgment or sooner payment at the rate of 1.54. Paragraph 1 is noted, I have in the past held a current account with Yorkshire Bank .It is denied that I have ever held or had any financial connections with Clydesdale and that any monies are due, I have no knowledge of any balance outstanding. Paragraph 2 is denied with regard to ever receiving a demand for full payment from either Yorkshire Bank or the claimant. Paragraph 3 is denied I am not aware of any legal assignment of this debt/overdraft to the claimant. On receipt of the claim form I sent a CPR 31.14 request dated **/**/2014 requesting a copy of the agreement/overdraft facility confirmation & terms and conditions from that date pursuant to section 61B of The Consumer Credit Act. Also the demand / termination notice served under sections 76(1) and 98(1) of the CCA1974, and any Notices of sums in arrears under running account credit CCA 2006 Sec 86C and Notice of Assignment. The CPR 31.14 request was signed for by the claimant’s solicitors on **/**/****. The claimant has yet to comply with this request. Until such time the claimant discloses the basis of its claim, I am unable to clarify the situation with regards to the claim brought against me, therefore against pre action protocol this should be considered when the question of costs arise. As per Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed. Therefore I would request that the claimant is put to strict proof to: Show how the defendant has entered into an agreement pursuant to section 61B CCA1974 Show how the claimant has reached the amount claimed for Show the Notice served under sections 76(1) and 98(1) of the CCA 1974 Show how the claimant has the legal right, either under statute or equity to issue a claim. On an alternative, as the claimant is an assignee of a debt, it is denied that the claimant has the right to lay claim due to contraventions of Section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974. Until such a time that the claimant can comply with my request for the copies of paperwork requested above it is denied that the claimant is entitled to the relief claimed or indeed any relief. 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. Hopefully I am somewhere near with this...please advise. Many Thanks
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Oki doki dx, Will have a go and post on here when I've done it Many thanks
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Hi dx So far I haven't received anything else in the post. Please could you or Andy fine tune the above defence so that I am prepared for Friday. Thanks in advance.
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Yes that's exactly what I thought. I will file Friday, if you could help me out and let me know exactly what to put on the defence. Thanks in advance
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Hi dx, We have today received a letter from Mortimer Clarke Solicitors, it reads as follows Dear Sir Re:MEIII Limited v ******* Ref:******* Claim No******* Further to your letter dated 24/11/2014, we are taking our client's instructions in relation to your request and will come back to you as soon as we can. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement. Yours faithfully Mortimer Clarke Mortimer Clarke Solicitors
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Good morning dx Thank you for your help. If you wouldn't mind adapting it for me as I'm not sure exactly what needs to be done but it looks brilliant. I need this to be done properly so that I don't make any mistakes. Miss T
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The correct POC is what I posted in the first instance. I altered it on the defence as I don't want him to look guilty. Didn't realize it had to be the same as on the claim form sorry
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Hi dx could you please advise in simple terms exactly what I need to be doing. This is from here, it's from the link you posted. I found something and amended it. Thanks Sorry for not knowing exactly what to do but I am no expert in things of this nature I haven't filed this defence yet, I am doing it on Friday as you advised. I just need reassurance I am doing the correct thing with this as I am really in the dark and need help and guidance
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Thanks dx. I am currently looking at the posts on the thread that you supplied and I will put something together today and will post on here for you to see it and tell me whether it's suitable for my husbands defence. Also I have familiarized myself with the MCOL website so that I can go on next fri and file the defence without any problems. So I am just using the ignored CPR 31.14 request to start with, If they can locate the required paperwork and can show it I am 99.9% sure it will be statute barred anyway... Is that what we are aiming for? Kind Regards
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