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odt251

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About odt251

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  1. To update: Still no response to the CCA request from DMS or Next. I got Restons template response as seen on other threads (I can scan this up if it helps) - a/c no., date opened etc, 'check your records as you've been sent everything', your defence has no prospect of succeeding etc. They say they are not aware of a CCA request and want me to provide evidence! Had to chuckle at that one! My intention is to ignore this letter. I checked MCOL and it says defence was received on 20/8, also got a letter saying they have 28 days to proceed or it will be stayed. Does that mean today is the last day for them to proceed?
  2. I sent the cca letter from here, to debt managers, was that right? I will change those, thank you
  3. I sent the CPR and CCA requests off, received restons standard template reply - 'you've already had the documents, we're not sending them again, etc' - and I received a reply from dms saying they have passed it on to next. I have not heard anything from next as yet. As the 33 days is up on Monday I have prepared my defence, assuming that the cca from next will not arrive in the next couple of days, which I will be submitting on sunday as I will have no access after then: 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. I have in the past had an agreement with Next Directory 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. I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. 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. How does it look?
  4. That's great, thank you so much for your help. I'll read some more threads. And I've already made some newbie mistakes and don't want to make any more, hence all the questions! Thanks again.
  5. So acknowledge tomorrow and I still get the full 33 days to submit my defence? Sorry to keep asking, I just don't want to make a mistake..
  6. That's great, thanks. So should I wait until the 6th August to acknowledge?
  7. Name of the Claimant ? Debt Managers Services Date of issue – . 19 July 2018 Date to acknowledge) = 6 August 2018 DAte to submit defence = 20 August 2018 Particulars of Claim 1. The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Next Directory dated on or around Nov 29 2010 and assigned to the claimant on Jun 15 2017 PARTICULARS a/c no - xxxxx DATE ITEM VALUE 20/4/2018 Default Balance 1285 Post Refrl Cr NIL TOTAL 1285 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes What is the total value of the claim? 1285 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue/Store card When did you enter into the original agreement before or after April 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. Assigned, issued by debt purchaser 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? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? My income dropped and I couldn't afford all my commitments What was the date of your last payment? November 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 plan? I sent them a letter saying that I was having financial difficulties and offering a token payment, which they replied to saying that I hadn't signed the letter so they couldn't deal with it. I never contacted them again after that Ok I think I have got my head around what I need to do... I should probably point out at this point that before I received the pre action protocol letter, my approach was (unfortunately) to ignore it and hope it would go away, so I have no paperwork, such as default notices etc. I will post the cca and cpr letters tomorrow. Should I use the online service to acknowledge? Should I acknowledge straight away, or nearer to the 19 days deadline?
  8. I have received a county court claim form today, any advice on how I should word my defence?
  9. So if I leave it would their failure to provide the documents I requested make it unenforceable?
  10. Thank you for your advice, I certainly wish I had read that thread before I replied.. I feel uneasy about not replying to their letter, so was thinking of sending the following: I write further to your correspondence. As you have provided incorrect details, and failed to provide the documents requested I deny that I am indebted. Would you advise against this?
  11. I signed and dated the back. I didn't write anything in box g, blanked it because my name was showing through from the reverse. restons pap form2.pdf restons pap form.pdf
  12. I ticked box c for don't know if I owe the debt, and in box I, I asked for the documents I listed.
  13. It is from a next account which I stopped paying in 2015, defaulted in 2016 and has been sold to debt managers. It is on my credit file. restons response to pap form.pdf
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