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john1975

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About john1975

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  1. hi guys just to keep you updated on progress, not heard anything back as it was in court december, so rang the courts and they said it is now stayed? no papers recieved from them at all.
  2. thanks, all done and submitted, when will I hear, will it be online or through post ?
  3. andy that post #29 says default thou in number 2 not termination is that right ?
  4. thank you so much for your help and i will donate and let you know how i go as I have a lot more to contend with yet as finally sorting my finances out hopefully.
  5. 1. agreement between Egg plc on or around 26/03/2003 egg issued the defendant with a credit card upon the terms and agreement set out therein 2. in breach of the agreement the defendant failed to pay the minimum payment due and the agreement was terminated. 3. the agreement assigned to the claimant 31/01/2013 the claimant therefore claims 1.£5397.82 .interest section69 of the county court act, £2420.62 Defence I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit act 1974.Therefore any Termination would be an action that the original creditor would be unable to legally take.. Furthermore I deny having received any subsequent notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. 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 how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 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 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.
  6. Hi im doing my defence to the courts tonight and using that thread you said was useful, does it need to be altered so it included the dates I sent them requests and signed for or does that not matter as In that thread there none of that in there ?
  7. got a reply from mortimer saying we are taking our clients instructions per your request will come bk 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.persuant cpr 15.5(2) pls notify the court in writng of the agreement........ i did a cpr 14 thou so not sure what there on about?
  8. If I defend earlier will that give them time to get there paperwork together and mess me up or does it not matter either way. thanks John
  9. thanks for your help dx,whats the 4pm 18th is that when you would submit or shall i do it anytime or ?
  10. so if i dont have my agreements etc what will my defence be thou? ive read a few threads after getting this today and realised then its a delay tactic how bad lol
  11. hi me again, right I did as you said and sent the cpr to marlin and the cca request to marlin with a blank £1 postal order, marlin have sent the postal order back saying there needs to be a payee on there and to forward it onto to mortimer clarke, so now my court dead line is going to at risk?
  12. can i ask for longer for defence if I dont hear anything or ????
  13. john1975

    HP Mum v MBNA

    think your threads on my case are getting deleted
  14. even if they are bothering me ? as in chasing ? or wait till they chase then cca
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