Jump to content

katyviolet09

Registered Users

Change your profile picture
  • Content Count

    21
  • Joined

  • Last visited

Community Reputation

1 Neutral

About katyviolet09

  • Rank
    Basic Account Holder
  1. Good Afternoon All, I was checking my credit files today & found a CCJ registered against me for £370 in January. Lowell & the court have sent the CCJ and everything concerned to my previous address from over 2 yrs ago. Having done some digging it seems Lowell have been sending me begging letters to my current address since April 2017 for this old o2 debt. Lowell have also been sending begging letters for old debts (no PAP forms) as well to my current address which I haven't responded to. As recently as 7/9/2018 I received a letter of claim @ my current address & I replied to this ticking Box D, signing & dating the forms & confirming my current address not the old one.(I cannot find my proof of posting but I have a copy of the PAP). Given this scenario I find it very underhand that they have issued a claim & registered a CCJ to my old address. Having spoken with Northampton the paperwork was sent out on the 5th December 2018 & judgement entered on the 10th January 2019 I would be happy to go to court if needed & show they know my current address & have issued this claim underhand. I am prepared to pay for the Set Aside if it is worth it. I am prepared to pay Lowell a little each month. But ideally I would like some advice on whether I should contact Lowell or just go straight to the Courts? Will I get bailiffs around to collect the outstanding balance? Will Lowell be co-operative? Will they remove CCJ if paid in full..etc etc. Any help would be appreciated as always many thanks...……….
  2. Sorry dx100uk, I was sure I had done this. I cannot remember exactly but I am sure I received a letter from the court saying it was stayed or discontinued. But I definitely Won, Liz
  3. So I have submitted this now ready for tomorrow : The below is my 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 Claimant claims £587.43 is owed under a regulated loan agreement with Uncle Buck Finance LLP. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to comply. 3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on ************ from either the Claimant or Uncle Buck Finance LLP. 4. It is therefore denied 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 and evidence any cause of action 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; 5. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. The claimant in an attempt to comply with my section 77 request have provided me with various copies of other agreements which have no connection to this claim. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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 82 A of the consumer credit Act 1974. 8. 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.
  4. Perfect ty I thought id double check....I will change DID NOT to DO NOT grammar noticed by dx. Apart from that defence looks ok?
  5. Two no ANs ?? do you mean DN (default notices)
  6. Name of the Claimant ? MMF Date of issue – 12th April 2018 What is the claim for – The defendant owes the claimant £587.43 under a regulated agreement with uncle buck LLP 29/4/2013 and which was assigned to the claimant on 22/11/2013 and notice of which was given to the defendant on 22/11/2013 (debt). Despite the formal demand for payment of the debt the defendant has failed to pay and the claimant claims £587.43 and further claims the interest thereon pursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £46.99 What is the value of the claim? £764.42 Is the claim for - payday loan 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? mmf 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? Possibly yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure probably Why did you cease payments? could no longer afford payments What was the date of your last payment? 2013 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 plan? no Good Evening all. The above is what you ask for. I have spent a long time over the past few weeks/month reading other threads & posts & I believe I have proceeded correctly so far without bothering anyone. I have added pdf all the correspondence between myself & MMF Lantern & Moriarty Law. TIMELINE LETTER 21/7/17 MORIARTY LAW been instructed by MMF : Ignored LETTER 7/8/2017 MORIARTY LAW "FINAL DEMAND BEFORE PROCEEDINGS" : Ignored LETTER 4/1/2018 MORIARTY LAW "LETTER OF CLAIM" : Ignored LETTER 22/1/2018 MORIARTY LAW "FINAL DEMAND BEFORE PROCEEDINGS" : Ignored LETTER 12/4/2018 MORIARTY LAW "COUNTY COURT CLAIM ISSUED" A claim was issued against you on 12/04/2018 Your acknowledgment of service was submitted on 13/04/2018 at 17:30:56 Your acknowledgment of service was received on 16/04/2018 at 01:04:33 I sent a CCA Request to MMF on 17/4/2018 signed for received by them 18/4/2018 CPR 31:14 request to Moriarty Law on 17/4/2018 signed for received by them 18/4/2018 LETTER 20/4/2018 LANTERN postal order returned LETTER 20/4/2018 LANTERN two copies of agreements for other payday loans irrelevant to this claim LETTER 12/4/2018 MORIARTY LAW copies of STATEMENT OF ACCOUNT & NOTICE OF ASSIGNMENT LETTER 12/4/2018 MORIARTY LAW copy of agreement & electronic signature I am @ the stage of submitting my defence & I believe the due date is tomorrow 14/5/2018 by 4pm. The below is my 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 Claimant claims £587.43 is owed under a regulated loan agreement with Uncle Buck Finance LLP. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to comply. 3. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on ************ from either the Claimant or Uncle Buck Finance LLP. 4. It is therefore denied 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 and evidence any cause of action 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; 5. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors, Moriarty Law, have failed to fully comply with this request. The claimant in an attempt to comply with my section 77 request has sent me two copies of agreements which are not connected to this claim. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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 82 A of the consumer credit Act 1974. 8. 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. So please I am asking & observations made: 1. As I have received the copies of the statement of account & notice of assignment, copy of agreement & electronic signature I presume I will have to change the above defence slightly or shall I just submit anyway on mcol & let Moriarty presume I haven't received docs after all not signed for by me???? 2. Have I got my dates correct for submitting.....I hope so!!!?? 3. No default notice received by Moriarty is that good for me? . 4. Two copies of agreements for other payday loans irrelevant to this claim from Lantern Thank you in advance for any help received & I will continue to update this post to help me record what I have done, so you can advise & others can hopefully gain vital info Thanks Again lizmlbundle.pdf
  7. Ok so now I 've had a phone message left asking me to contact this courts mediation service to make an hour long appointment for mediation. What am I likely to expect, what do I need to have prepared when I speak to them? Thanks in advance Kind regards Liz
  8. Hi again dx et all, I have sent off 1st class N180 to Northampton & a scanned copy to Weightmans LLP so should arrive for the 12th June, both signed for. It seems Weightmans going to take it all the way, don't really want to go to court, but nothing to lose anyhow What do you expect to happen now? I hope you guys are still prepared to help, Many thanks, Regards, Lizzy
  9. Dear dx & Consumer friends, I Received the scanned documents below from Northampton a few days ago, what do I do now please? So far I have made no contact with Weightmans LLP. Regards, Lizzy
  10. Hi Guys, Received this letter today. Now how do I proceed please? Regards, Liz
  11. Thank you dx100uk will keep you guys informed, ty for your help xx
  12. Hi Guys, Received a letter from Weightmans LLP today. Dear Madam, We write further to our receipt of your defence and to confirm that we today have requested a copy of your Credit Agreement, together with terms & conditions, default notice, notice of assignment and statement of account, from our client. We will forward copies of these documents to you upon receipt of the same. From the information provided upon our instruction, this account relates to a Capital One credit card which was incepted on 14th Jan 2004 and allocated card number xxxxxxxxxxxxx. We understand that due to a failure to make the agreed payments under the t & c of credit, the agreement was terminated on 11th Jan 2009 before being assigned to Cabot Financial Uk Ltd on 1st Oct 2009. Should you require any further information during the interim, please do not hesitate to contact the writer, Yours Faithfully Weightmans LLP Do I just continue to wait? or should I be doing anything right now, Regards
  13. Your acknowledgment of service was submitted on 29/03/2015 at 22:31:40 Your acknowledgment of service was received on 30/03/2015 at 08:00:50 Your defence was submitted on 22/04/2015 at 15:35:46
  14. All submitted now so this is where I pray this legal thing scares me!!! *DEFENCE* 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. 1. Paragraph 1 it is accepted that a contractual relationship did once exist between the Claimant and the original creditor and this Defence is filed without prejudice to the Defendant’s position. 2. Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars and I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 3. Paragraphs 3 & 4 are denied with regards to any amount due under any agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class post on 31/3/15 date. Further to the above I sent Cabot Financial UK limited a section 78 request. sent via 1st class post on 31/3/15. To date, neither Weightmans LLP nor Cabot Financial UK Limited are yet to furnish me with the requested information . Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show how the agreement was legally terminated to allow the claimant relief. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 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. 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.
  15. Hi dx100uk, Thanks for your help. I have amended as below & hope Andy pops in and has a look, if not I will submit when advised. I have not had a reply from Cabot or Weightmans, what concerns me is that my husband didn't send "signed for" only first class stamp so we have no proof they have received them. Will it do any harm to send copys, stating that they are copies with a postal order for £1 in the CCA? Regards Particulars of claim 1. The defendant entered into a credit agreement described by the original creditor As Capital Oneicon Bank(europe) Credit Card-credit card and having account number xxxxxxxxxxxxxxx(“the account”) 2. The claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The Defendant is indebted to the claimant of 3248.89 4. The claimant claims the said some of 3248.89 plus costs *DEFENCE* 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. 1. Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars and I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 2. Paragraphs 3 & 4 are denied with regards to any amount due under any agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class post on 31/3/15 date. Further to the above I sent Cabot Financial UK limited a section 78 request. sent via 1st class post on 31/3/15. To date, neither Weightmans LLP nor Cabot Financial UK Limited are yet to furnish me with the requested information . Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show how the agreement was legally terminated to allow the claimant relief. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedureicon 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 crediticon Act 1974.6. 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.
×
×
  • Create New...