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wychcroft

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About wychcroft

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  1. Sorry for the delay - the judge has stated that failure to provide a detailed particulars of claim with all supporting documents will result in the case being struck out. Can I lodge a claim for damages and costs after the 8th? This has been really damaging to my relationship with my ex wife who has stopped me seeing the kids. Thanks guys.
  2. Hi all There has been a significant development which I am just updating now as it is looming. On the 8th September the judge placed a court order on the claimant Hoist to provide the court with all the documents proving that the debt is owed as they had not provided me with anything despite my requests. This must be provided by the 8th October - what happens if they cant provide these? Thanks
  3. Hi all - just returned from a break to the Emerald Isle and have received a 'Notice of proposed allocation to the small claims track' dated the 23rd July - my defense is noted as submitted on MCOL on the 23/6 so maybe they are within the 28 days they needed to respond. However, I have had no contact from the claimant and there are no further updates on MCOL after my defense was acknowledged . Does this mean that the claimant is progressing this after the defense has been submitted and read or is it just standard procedure before the claim is stayed? Thanks as always!
  4. Thanks dx! It doesn't appear on my credit file anywhere but I would rather it was not hanging over me for another 6 years. Can I apply for it to be struck off and when should I do this?
  5. Hi all - I have now waited for the 28 days after lodging my defence and I have had no response from Hoist Portfolio Holdings or their solicitor. On MCOL the timeline shows that my defence was submitted and received successfully. Could someone advise on what my next action should be please?
  6. Thanks Andy - so just to wait for the 28 days now to see if they respond I guess. Thanks so much for your help and fingers crossed.
  7. just a quick one it is definitely section 78 and not 77/78 as its a personal loan?
  8. OK - Here goes with version 2 adapted from post 26, how is this? Particulars of claim 1.This claim is for the sum of 5912.34 in respect of monies owing under an agreement with the account no. xxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). 2.The debt was legally assigned by Automobile Association Personal Finance Ltd to the Claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the Argeement (sic) 4A default notice has been served upon the Defendant pursuant to S.87(1) CCA. The Claimant claims 1 The sum of 5912.34 2 Interest pursuant to S69 of the county court Act 1984 at a rate of 8.00 percent from the 5/8/11 to the date hereof 1368 is the sum of 1772.79 3 Future interest accruing at the daily rate of 1.30 4 Costs 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 with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. 3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received, 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. 4. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant. 5. On the 28th May 2015 I made a legal request by way of a section 77 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. 6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. Therefore 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. 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.
  9. Hi Andy - issue date was 22/5 + 33 days I make that tomorrow (23/6) at 4pm when I will be tied up at work - am I missing something?
  10. Please check this defence for me which I intend to submit in the next hour - thankyou 1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to respond to the Part 31 request. 2. It is Not admitted that the Defendant signed an agreement with Hoist Portfolio Holdings 2 Limited . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the consumer credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception. 4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. 5. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing. 6. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all. 7. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. Removed Date 23/6/15
  11. Hi all I have to put my defence in this evening and have not gad any responses to my CCA request to Hoist or my CPR14 to the Solicitor - Howard Cohen. Can I have some much needed advise on what to put in my defence please on MCOL
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