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puddleboots

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About puddleboots

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  1. Thank you so much for your help, I've made those changes and now submitted my defence. PB
  2. just going to put in this defence...bearing in mind I've only just sent the CCA and CPR in a few days ago so edited slightly to take that into consideration. 1. The claim is for the sum of £3564.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with under account number xxxxx upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with 3. The balance owed was assigned from Idem Capital Securities Ltd to the claimant, and the defendant has been notified of the assignment letter #####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 noted. I have in the past had an agreement with Aqua but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants 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. Thanks. PB
  3. So after filing my defence on the 16th June this arrived in the post today: We have received your defence and acknowledge you request for documentation pursuant to CPR 31.14 In response to your defence stating the particular of the claim are vague and generic, we find that the particulars provide sufficient details to enable you to establish the subject matter of these proceedings. Following your request pursuant to CPR 31.14, this relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over inspection. We will then take our client's instruction. Yours... [/color] So my interpretation of this letter is that they have nothing. Should I reply or just ignore? Thanks PB
  4. Ah, ok, I got you...letters from our library should not be reproduced on the open forums. If you would like to let people know the wording of your letters simply link to the Letter in question. I don't know how to link to the letter....all I wanted to know was if I needed to keep the third sentence? I'm not sure what it means....is it in ref to sending a CCA request, if so I'll keep it in? Do you not think it's too late to send a CPR, defence on Friday?
  5. Isn't the link you posted what I just posted? CPR 31:14. I send that to the solicitors? And a CCA to the Claimant? What have I missed?
  6. OK, but is it worthwhile sending off a cps if my defence is due Friday? Haven't done a cpr before...this ok? The paragraph I've highlighted in red I'm not sure about, is this in reference to a CCA request? Drydens Limited 4th Floor, Fairfax House Merrion St, Leeds LS2 8BX 2/7/17 [template removed you obv didn't read the top line - dx]
  7. OK, I'll post the CCA first thing in the morning and thanks for the advice as always, it's very much appreciated
  8. Can i use this for my defence in this claim...one credit agreement being used on two accounts.... I guess i can't challenge the recent CCJ that I got... I feel like such a fool
  9. Yes I just had a quick look at my credit score and can see that the Aqua account that I've just got the CCJ for was taken out in 2012 and they sent me the 2007 credit agreement for my other Aqua card. So the current Claim form matches the correct credit agreement. Can this help me in anyway?
  10. I'm so sorry, I'm really confused now. I'm looking at each account number on both court claim forms which of course are different and both made up of just numbers. On each credit agreement there isn't an account number only a personal reference number (made up of letters and numbers) which is the same in both copies but not the same on either court claim form.
  11. OK, I think I've been duped! I have two Aqua accounts. I sent a CCA to both Aqua accounts when they were both with Idem. Both sent me a credit agreement signed by myself. I've just noticed now that they have sent me the exact same signed credit agreement for both accounts! The exact same date of signature and date received! They obviously could only find one of the credit agreements but decided to use it for both accounts! I didn't notice as they sent credit agreement out a year apart. I already have a ccj for one Aqua account (I know......I got confused and neglected the account while dealing with other accounts) and just heard back from the court today and they agreed to my minimum payment. So...what credit agreement is for what account....I'm cross now!
  12. Name of the Claimant ? Arrow Global Date of issue – 6th June Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of £3564.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with under account number xxxxx upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with 3. The balance owed was assigned from Idem Capital Securities Ltd to the claimant, and the defendant has been notified of the assignment letter What is the value of the claim? 3564 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card When did you enter into the original agreement before or after 2007? nov 07 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. Arrow Global Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Don't seem to have a copy of that Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, only a 'periodic statement' sent this year Why did you cease payments? Change of financial circumstances What was the date of your last payment? Jan 2015 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 management planicon? Yes but they weren't willing to communicate other than via phone
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