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NerdyA

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About NerdyA

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  1. Thanks for the response. So what do I do about the entry on my CRA file. Interestingly enough, this debt only shows up on Nuddle (callcredit) and not Credit expert (Experian) Any ideas?
  2. Hi all, So I sent a CCA request to APS and asked for all statements and documents relating to the debt. No response yet. What next?
  3. So basically, make copies and send by registered post to the claimant. Will this be going to Lowell or the Bryan Carter? Remember the last letter I sent to Lowell go a response saying I should deal with Frederickson International.
  4. Thanks for the prompt responses. I'll fill this in and pop it in this afternoon's post.
  5. Good morning, I have received a "notice of proposed allocation to the small claims track" from the COunty Court Business Centre. I have been given until 10/07 to complete form N180. It's a basic form which I can complete and return, however, there is a section asking if I wish to use the mediation service. I'm not sure what to do. Do I say no and go straight to court to defend myself?
  6. Good Morning, I received the following letter from Bryan Carte yesterday. Do I respond or should I wait to hear from the court. As previously stated, there is nothing to negotiate. They haven't provided any of the documentation requested and I know nothing about this debt. We are writing to formally confin our Client's intention to proceed with this matter. We will send notification to the Court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between the parties. Please contact our helpful team on 08458396166 to discuss how we can come to an arrangement by consent. We recommend you seek independent legal advice. We look forward to hearing* om you. Yours sincerely Bryan Carter Solicitors LLP
  7. Good Morning All, I submitted my defence on 29/05/2015 at 08:00:50. If the original claim form was dated 28/04/2015, roughly how long after submitting my defence can I expect to hear from either the court or the claimant? Thanks for your help so far.
  8. Good morning all, Thanks for your recent help with my Lowell/Carter/Frederickson/Coop issue. I'm still waiting on the outcome. While dealing with the above, I requested a copy of my CRA file from Noddle and discovered that I have a default account with APS Ltd for £178.00. Date of default is 31/08/2012. Now APS did a prepaid credit card which i applied for ages ago and used for travel within Europe. Basically load required funds and use it instead of my main bank card. I suspect the charges are either a delayed transaction, or charges/interest of some sort. My questions; - Judging from my recent experience, how do I find out who currently owns the debt? Is there a template letter I should use and what am I asking for? Current owner? Total amount? Statements? CCA? - I haven't heard from APS at all! I wouldn't have known if I didn't check my file. What can I do about this? - I am volunteering to resolve the issue. In your opinion, can I negotiate a lower settlement figure or am I better off paying the whole thing? Would paying a lower figure affect how the settlement is recorded with the CRA? Apologies for the lengthy post.
  9. Once again, thank you for all your help. My defence has been filed with MCOL, so let's see what Lowell / Bryan Carter come up with next. I will update you on the outcome.
  10. Okay, final draft below; 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 denied. I have never had financial dealings with Co-operative Bank in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them. The Claimant has never made any contact apart from the issuing of this claim. 3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment. 4. Paragraph 3 is denied, further to the above there has never been an agreement to breach or stop payment of or issue any Default Notice. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 30/04/2015 for a copy of the agreement, notice of assignment and the default notice, which form the basis of this claim. The Claimant has refused to comply. The Defendant also sent a further request dated 07/05/2015 to the Claimant asking for the credit agreement pursuant to s.78 of the consumer credit Act 1974. This was signed for by the claimant on 12/05/2015. The claimant responded stating that request is being dealt with by Frederickson International Ltd who are not mentioned on the Claim From received by the Defendant. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 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 notice of default © show notice of assignment As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974. 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. What of i reword "Until such time the Claimant can comply with my request for a copy of the consumer credit agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974." To "Until such time the Claimant can comply with my request for a copy of the consumer credit agreement it relies upon and provide the documents requested in the CPR31.14 request, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974."
  12. Finally, I hope the last section makes sense. I am always very weary when using legal speak. If this section gets the all clear, then I shall post a final version for your seal of approval, file my defence today, cross my fingers and hope it all goes well. 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 notice of default © show notice of assignment As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. Until such time the Claimant can comply with my request for a copy of the consumer credit agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974. 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.
  13. Thanks, i will amend the wording accordingly. Also, "On receipt of the claim form the Defendant sent a CPR 31.14 request dated 30/04/2015 for a copy of the agreement, notice of assignment and the default notice, which form the basis of this claim. This was signed for by the claimant on 02/05/2015. The claimant has yet to comply." - I am going to remove the signed for date. On checking the Royal mail website, they can't prove a date or signature, however Bryan Carter did respnd, so they definitely received it. - Rather that "The claimant is yet to comply", should I say they have refused to comply? Bryan Carter basically said it is not their responsibility to provide the paperwork (the exact wording is somewhere on this thread).
  14. Will replace with; Paragragh 3 is denied. The Defendant is unaware of any agreement requiring contractual repayment. The Defendant is also unaware of any Default Notice being served by the Claimant.
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