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sooty87

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About sooty87

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  1. If by stayed you mean nothing has happened then yes its stayed. So you think I should do nothing? I mean, they have provided evidence but it doesnt seem upto standard. Do you agree?
  2. Hey guys. Need some help on this one. Cabot sent me a letter a little while ago sending me what they called the correct documents, naturally I ignored it. Now Restons, their solicitors. have sent me another letter and Im not sure how to act. I have created a pdf with the letters and blacked out my personal details. Thanks in advance restons reply .pdf
  3. Thought id post my defence incase it helps anyone. Defence Paragraph 1 is accepted that I have had financial dealings with Halifax Bank in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made. Paragraph 2 is denied. I am not aware of ever receiving a Notice of Assignment pursuant to the Law and Property Act 1925 from either the original creditor or the claimant. Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant. Paragraph 4 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 5/10/2015 for a copy of the account agreement, and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants XXXXXX on 6th November 2015, @ 08:56am (As per the Royal Mail Signed For™ service). The claimant has yet to comply. 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 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 and Property Act and Section 82A of the Consumer Credit Act 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 Fingers Crossed.
  4. Ive not heard anything back on the CPR and CCA, should I wait until this last allowed day/days to file my defence or is it "ok" to send now? thanks.
  5. Halifax are trying a different angle with me it seems. Name of the Claimant: Cabot Financial Ltd Name of Solicitors: Restons Solicitors Ltd Date of issue – 28/9/15 Defence due - 31/10/15 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Jan 13 2006 and assigned to the claimant on Jun 27 2014 What is the value of the claim? £4594.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before I believe 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Dont remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Lost Job etc What was the date of your last payment? Not sure 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? Yes Am I right in thinking that I now need to send a CCA request and a CPR31.14 request as per your previous help. Much Thanks
  6. Plus oops on the sending of the wrong defence
  7. Good News. Nothing heard anything since my defence (touch wood) yet.
  8. Waiting for a response from the claimant. I’ve posted my defence on MCOL anyway.
  9. Could you look over my defence before I send it later. Defence Paragraph 1 is accepted that I have had financial dealings with Halifax Bank in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant. Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 15/07/2015 for a copy of the Loan agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants’ “Palmer” on 16th July 2015, @ 07:42am (As per the Royal Mail Signed For™ service). The claimant has yet to comply. 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 how the Defendant has reached the amount claimed for; and © show Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) 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. 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[/i] Thanks.
  10. The template was a completed template and was just asking for guidance before sending. So I’ve now sent the CPR 31.14 Request. ta
  11. Can you please confirm this CCA request to be correct. Mortimer Clarke Solicitors LTD 16-22 Grafton Road, Worthing West Sussex BN11 1QP 15/07/2015 [removed please don't post templates in the open forum - read the thread it does state thus - dx]
  12. Name of the Claimant ? Cabot Financial (UK) Ltd Date of issue 02/07/2015 What is the claim for – the reason they have issued the claim? By an agreement between Halifax (HLX) and the defendant on or around 04/09/2009 ('the agreement') HLX agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due and the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims £7917.76 What is the value of the claim? £7917.76 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Personal loan 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. - cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I dont recall getting this. Did you receive a Default Notice from the original creditor? Not from halifax I dont think but from the debt company Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I dont think so. Why did you cease payments? Loss of work What was the date of your last payment? I did start paying money back via the debt company and the last payment was around 2yr ago. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor a nd make any attempt to enter into a debt plan? No I will send a CCA request too.
  13. Hi. Ive just recieved a claim form from Cabot with regards to an old personal loan that went bad in 2009 and I was wondering if anyone could help me as what to do next? Ive been looking at a couple of threads and am going to go onto the MCOL website and acknowledge. Thanks in advance.
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