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Dolly22

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About Dolly22

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  1. Thank you. That helps me understand it a lot better.
  2. Thank you for posting. I took the account around 2011/12
  3. Thank you Andy. Can they actually proceed with this, I mean is it worth their while when they have not complied with my CPR request or even the CCA request I made before they started with court action. Do they not have to at least comply with the CPR request to be able to proceed. The only paperwork they have attached to me is a reconstituted Shop Direct catalogue account showing money owed but to a catalogue called Index Extra, I never had an account with Index. The Notice of Assignment is also not something I've ever seen before and looks as though it was printed off and back dated the day they sent it out.
  4. Today I have received the Notice of Proposed Allocation to Small Claims Track with a N180 form. I'm unsure of where I stand now as I didn't believe they could proceed without the correct evidence. They still have not complied with the CPR request or the original CCA request. Can I have some advice please. A voice of experience would be a great help.
  5. Thank you Andy. I truly appreciate you taking the time to respond. You confirmed what I thought. I think I'm starting to understand how all this works a little better now.
  6. Thank you for reading through and replying. Is it more than likely they are bluffing with there intention to proceed. The Notice of Assignment they have sent me I have never seen before and I believe they just put it together and printed it off backdated. They still have not produced a CCA or any kind of true paper trail to show the debt is mine and it is now owed to them. If they are not bluffing and will proceed surely as it stands at the moment it cannot be ruled in their favour.
  7. Some Advise Please. I entered my defense on time as advised, it was I the Defendant contends that the particulars of claim are vague and generic in nature. I the defendant have in the past held accounts with Shop Direct Finance Company Limited however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of CCA 1974. In relation to the specific allegations a CPR 31.14 request was also sent 26th June 2015 and although receipt of the request has been acknowledged by the claimant, the claimant has failed to reply with a specific response. I the Defendant contends that no notice pursuant to s.136 & 196 has been served upon her by the Claimant as alleged or at all. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; 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. 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. On the 15th June 2015 I made a legal request by way of a section 78 request to the Claimant which the claimant has acknowledged receiving. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 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. And received acknowledgement from the court which I've added as a PDF minus any sensitive info. Today I received a response from BW Legal stating there intention to proceed. They also provided a Notice of Assignment addressed to me but I can honestly say I have never seen this document before. Everything they sent me today I have added as a PDF document minus the sensitive info. Can someone please help me understand what happens next.
  8. Thank you. I got my head in a spin over the dates but that makes it clearer.
  9. Yes I have and thank you for asking. There's a lot to read through but I think I'm making progress slowly. Helps that I've got abit longer now to get it ready as I had convinced myself I only had until Monday.
  10. Sorry you did make it clear, I am dyslexic which for me means I struggle with what I read especially when it's on a tablet screen, I could use my computer which I have a color filter for which helps but my computer does not have auto correct for my spelling. My mistake was thinking the 14 days to submit my defense started when I acknowledged the claim. Again I am sorry, I realise how busy the people that help on here are.
  11. Hi citizen B I hope you don't mind me asking. I feel a little out of depth and I'm trying hard to absorb as much info as I can and I think I've got a little confused. Can you clarify for me please, I acknowledged the claim against me using the MCOL gateway last Monday evening the 29th July is my deadline to submit my defense 14 days from that date or is it 25th July taking that date from the timeline you kindly worked out for me in the above quote.
  12. Thank you nunnyrose. I think I was in a panic at the time and focused more on "the first thing you need to do is acknowledge the claim" part of the advice. Reading it again a later I can see I didn't need to do it so soon.
  13. I acknowledged the claim last Monday evening. I believed I then had 14 days to submit my defense. Have I got that wrong ?
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