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Not that clever

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  1. Thank you for that correction dx I was convinced it was Tuesdsy thanks for saving my skin
  2. Particulars of Claim 1.The Claim is for £410.13 the amount due under a agreement between the original creditor and the defendant to provide finance and/or services and/ or goods 2.This debt was assigned to /purchased by Lowell portfolio I ltd .On 16/6/2011 and notice served pursuant to the law of property act 1925 Paticulars Re-shop direct A/c no- 99999999999 And the claimant claims £410.13 The claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum From the date of assignment of the agreement to date but limited ta a maximum of one year and a maximum of £1000 amounting to £32.81 Defence 1: The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR r 16.5 in relation to which a specific response has not been made. 2: Paragraph one is noted from recollection i have had financial dealings with shop direct in the past but i am unsure as to any alleged debt the claimants refer to or the account number in question. 3: Paragraph 2 is denied as i have never been served with a Notice of Assignment pursuant to the Law of Property act 1925. 4: On receipt of the claim i requested copies of any documents or information that would support the claim. the request was made by CPR 31.14 and section 78 request. 5: The claimant has yet to disclose any agreement or statements on which its case relies on.It is therefore i denied with regards to any amount due under any agreement.I understand that until their compliance the claimant is unable to request any relief to enforce any agreement. 6: Therefore until such time the claimant complies i deny any liability to the claimant and put the claimant to strict proof to:- a) show how the defendant has entered into a agreement: and b) show how the claimant has reached the amount claimed for: c) show how the claimant has the legal right, either under statute or equity to issue a claim: 7: as per civil procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed. 8: by reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all
  3. hi there I was unable to send the cpr and cca request until Friday just gone due to being ill and having nobody to rely o helping me out. I now have to submit my defence by Tuesday and really stuck as to what to put I did submit a defence for my vanquis debt a few month ago. would I be able to amend that the same since I'm awaiting cpr and cca acknowledgement and replys? I' really cant get my head around all this legal stuff and feel massively out of my depth so sorry if I come across not that clever!
  4. Name of the Claimant ? Lowell Portfolio LTD Date of issue – 6th August 2015 What is the claim for – The Claim is for £410.13 the amount due under a agreement between the original creditor and the defendant to provide finance and/or services and/ or goods This debt was assigned to /purchased by Lowell portfolio I ltd On 16/6/2011 and notice served pursuant to the law of property act 1925 Paticulars Re-shop direct A/c no- 99999999999 And the claimant claims £410.13 The claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum From the date of assignment of the agreement to date but limited ta a maximum of one year and a maximum of £1000 amounting to £32.81 What is the value of the claim? £442.94 court fee £35 solicitors cost £50 total £527.94 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue with jd Williams 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Could not afford. Rang debt collection refused £5 a month payments last year What was the date of your last payment? unknown 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 managementicon plan? yes. I have this morning responded to this claim clicking the defend box online this morning I counts tomorrow to be 14 days did I do this right have I done this in time? So I had a catalogue with jd Williams. That I admit to and I also admit to owing them monies. I telephoned Lowell last year and made a payment offer but they were not interested as it was too low. Since receiving this form I contacted them via email and they say it's with fredricksons tho they are not mentioned on claim form. A lot of the final amount on claim will be charges. Do I have to pay these? I don't mind paying this if I have to. But I can't afford no more than £10 a month. This is the second claim form ive received since April and im scared of them all going thru the system together and il be left unable to offer them all something! I'm surrounded my debt, I suspect il get more in the future. What would be the best debt repayment scheme for me to do Thanks for reading and your help
  5. good afternoon all so the above case appears to be on hold from shoosmiths/cabots side. I filled my defence months ago and received a letter on the 9th july saying shoosmiths had passed it back to cabot for them to make a decision on how to proceed. how long can they mess about and do whatever it is they will be doing before informing me of what they plan on doing? is there no time frame they have to stick to in persuing this matter? thanks
  6. Yes you said if they were confident they would issue court proceedings. They have already issued these, at least that's what I presume you mean proceedings being the court claim I received at beginning of this thread. I issued a defence and now the ball remains in their court. They have taken no furthar action as of yet since receiving my defence. I understand that they should really have a original copy of my agreement but they have just provided me a recon. If they do proceed furthar as my defence was based on no paperwork I presume this recon agreement will satisfy the judge? My question being so I just give up or give it time to see what happens and what they decide to do with the claim? sorry if I appear dim, user name matches me somewhat Thankyou
  7. They have issues court proceedings? I have issued a defence as further up in this thread or do you mean taking it further thru the court system? Should I just pay it if a recon agreement is allowed? The amount claimed is significantly larger than the starting limit because of charges tho ao should I try and get reduced on this basis...fees on fees? Thanks so much for your help
  8. So sorry about the size I have no clue when it comes to scanning and file size etc....in not very skilled when it comes to computers. The letter they sent did say it's a reconstituted agreement, does that mean that it is just a copy of what it has been? I recall reading somewhere on here that these where allowed for online agreements? Am I mistaken? What would you recommend my next step should be? Should I write to Cabot and demand the actual terms?
  9. these are the ones dated 2006 sorry for the jumble of the first lot hopefully these are easier to read? thankyou for your time and your patience
  10. I can see a date of September 2006 am I missing something any help on what part please? And do my details have to be on these even tho it's a internet application Thankyou Found it!! 12/09 bottom right hand of column. What's my next move do I wait for a court date now or do I contact Cabot? Thankyou so much for pointing that out! Charges are different too for cash withdrawals. I think they have sent me two lots of agreements here. One for 2009 and one for 2006 but could they argue the point that I have now received 2006?
  11. Thanks for your reply. I will do this tomorrow as i need to get the scanner plugged in and dusted off! All I can see is lots of pages of terms and agreements and the vanquis print off of my online application with name address income etc etc.
  12. Good evening Just wondering if I could get some more help with this? Today I received from Cabot terms and agreement of the credit card along with a piece of paper which is apparently my online agreement printed off their computers. I also got a letter from Cabot saying they have now cookies with my request and to contact them within 14 days to make payment. The letter also says that to is a reconstituted true copy of the agreement. What does this mean? Application date was 10/11/2006 Just to add I also received a statement of account just giving the total that they claim for nothing about how this total is made up as original limit on card was quite a bit lower Any help gratefully received
  13. The paticulars you wrote first appear in the same order as the do on my claim form. The second lot you kindly typed up for me are in a different order, does this matter? Or have you done this in order to help my defence be better read by the claimant? Sorry for sounding awfully stupid but like I said before I'm really struggling with this but I do appreciate your help i don't want to come across as ungrateful thank you so much
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