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Willby

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About Willby

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  1. Thats superb, thanks so much. I am posting that now and will keep you up to date. Once again thank you for all your time and focus.
  2. Andy if you're there, how about this? I think I'll have to go with this if I don't hear but am very nervous to proceed without your thoughts... 1. Paragraph 1 The Claimant has not revealed a full set of accounts and is put to strict proof to show how the Defendant has reached the amount claimed for. 2. Paragraph 2 It is denied that the claimant/original creditor served a valid Notice of Assignment the Claimant is put to strict proof to show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. Paragraph 3 I have no record of a default notice and nothing is listed on credit file and the Claimant is put to strict proof to evidence this breach.
  3. Andy please let me know you can still help on the final draft,, i'm really unsure on the final points you raised.
  4. Morning Andy, are we still on track for today? Please let me know if you need any further detail from me.
  5. Thank you so much. tomorrow is my last day to submit so I couldn't be more appreciative. I'll keep me eyes on here in case you need anything from me. Thanks again.
  6. Thank you, its really appreciated. On point three my intention was to try to make them prove I defaulted but if thats not correct I'm happy to remove it. Just thought it would add elements to my case that are not shown in documentation.
  7. Hi Andy, Sorry I'm struggling with this a bit but I hope I'm getting closer and attach latest. I have shortened point 1 and reverted back to original layout. I have addressed each POC in order now and removed parts that don't appear that I can include: Particulars of Claim reads as follow: 1. The claimants claim is for the sum of GBP xxxxx being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and xxx and assigned to the Claimant. 2. Notice of the assignment has been provided to the Defendant. 3. The Defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974. And the Claimant claims the sum of GBP xxxxx TOGETHER with the costs of the claim. xxxxx ***Defence*** I have numbered the claimants Particulars as paragraphs for easy reference. 1. Paragraph 1 Is admitted I have in the past had financial dealings with Egg.I cannot recall the exact details of account or whether any balance is outstanding and therefore have sought clarity from the Claimant. 2. Paragraph 2 It is denied that the claimant/original creditor served a valid Notice of Assignment the Claimant is put to strict proof to show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. Paragraph 3 is denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. 4. As per Civil Procedure Rule 16.5(4), 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. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 5th November 2014 for a copy of the credit agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was delivered by recorded delivery to the claimant on 6th November 2014. The claimant has not yet complied with: (a) Default notice (b) Notice of assignment © Full statement of accounts 7. On receipt of the claim form the Defendant sent a request dated 5th November 2014 pursuant to s.77 of the Consumer Credit Act 1974 to provide a copy of the credit agreement. This was delivered by recorded delivery to the claimant on 6th November 2014. The claimant has yet to comply. 8. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6. 9. 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.
  8. Ok thanks. I'll remove the first part of point 1 and realign. Will post again.
  9. Thanks Andy. I have condensed 1 and 2 together now and changed 5 to say "The claimant has not to complied with:" rather than "to date" What do you think? Particulars of Claim reads as follow: 1. The claimants claim is for the sum of GBP xxxxx being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and xxx and assigned to the Claimant. 2. Notice of the assignment has been provided to the Defendant. 3. The Defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974. And the Claimant claims the sum of GBP xxxxx TOGETHER with the costs of the claim. xxxxx ***Defence*** 1. Paragraph 1 is neither admitted nor denied with regards to the Defendant entering in to an agreement referred to in the Particulars of Claim ('the Agreement') with Egg. The Claimant is put to strict proof to: (a) show how the Defendant has reached the amount claimed for; and (b) show how the Claimant has the legal right, either under statute or equity to issue a claim; 2. Paragraph 3 is denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. 3. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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. 5. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 5th November 2014 for a copy of the credit agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was delivered by recorded delivery to the claimant on 6th November 2014. The claimant has not to complied with: (a) Default notice (b) Notice of assignment © Full statement of accounts 6. On receipt of the claim form the Defendant sent a request dated 5th November 2014 pursuant to s.78 of the Consumer Credit Act 1974 to provide a copy of the credit agreement. This was delivered by recorded delivery to the claimant on 6th November 2014. The claimant has yet to comply. 7. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6. 9. 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.
  10. Morning Andy, Sorry unsure why that didn't attach. I have put it down here for your consideration a friend, who you also helped, mentioned perhaps 8 and 9 could be removed. Would really appreciate your thoughts. Particulars of Claim reads as follow: 1. The claimants claim is for the sum of GBP xxxxx being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and xxx and assigned to the Claimant. 2. Notice of the assignment has been provided to the Defendant. 3. The Defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974. And the Claimant claims the sum of GBP xxxxx TOGETHER with the costs of the claim. xxxxx ***Defence*** 1. Paragraph 1 is neither admitted nor denied with regards to the Defendant entering in to an agreement referred to in the Particulars of Claim ('the Agreement') with Egg. The Claimant is put to strict proof to: (a) show how the Defendant has reached the amount claimed for; and (b) show how the Claimant has the legal right, either under statute or equity to issue a claim; 2. It is denied with regards to the Defendant owing any monies to or that the claimant/original creditor served a valid Notice of Assignment the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has reached the amount claimed for; and (b) show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. Paragraph 3 is denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. 4. As per Civil Procedure icon Rule 16.5(4), 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. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 5th November 2014 for a copy of the credit agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was delivered by recorded delivery to the claimant on 6th November 2014. The claimant has yet to comply with: (a) Default notice (b) Notice of assignment © Full statement of accounts 7. On receipt of the claim form the Defendant sent a request dated 5th November 2014 pursuant to s.78 of the Consumer Credit Act 1974 to provide a copy of the credit agreement. This was delivered by recorded delivery to the claimant on 6th November 2014. The claimant has yet to comply. 8. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6. 9. 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.
  11. Hi Andy, I made a start on my defence. Please let me know what you think, attached. Regards, Will
  12. Hi Andy, I bet your inundated with these requests but would you have any time to help me start organising my defence, or point me in the right direction.
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