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pebbles000

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About pebbles000

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  1. Hi All, Iv had en email from the mediation team. I have a few problems, first being they have set it for 21st December and at the moment that's my provisional moving day. My house is sold and we are exchanging this week with a view to complete on or just before the 21st as that's my solicitors last day working. - It says they will only rearrange under exceptional circumstances. Does the count? Secondly I have no evidence etc for mediation, so can I even still do it? I asked for all paperwork/proof to be sent to me and they haven't sent me anything and I don't even know if I have the receipt - its been a bad break up and Iv lost a lot of personal belongings. What's the best I can hope for from it? An arrangement to pay and no ccj? Sorry for all the questions I have been reading but since my big error on this doing it myself from the start I thought I should just ask. Thanks in advance
  2. Ok thank you for that, no clearly I don't understand the whole process. Never been in it so far before. Always stopped it before it got to this stage before. Thank you for clearly explaining it to me. Sorry for being so dim
  3. Ok I do understand that, I just wanted to make sure I wasn't committing myself to attending court Sorry for the confusion and thanks for the guidance. Ill get right on it.
  4. How you explained for me to fill in the small claims track .... I wasn't sure, Iv never been at this stage before. Sorry ... Thanks
  5. So sorry for being difficult. I really don't want to go to court don't even think I could get childcare - Does the above still apply? Many Thanks
  6. I cannot find the thread, I kind of researched it myself and this seemed to fit. Sorry I guess that's what happens when I don't ask for help. It wasn't my own thread and I didn't get any advice it just seemed to fit my circumstances. Sorry, extremely embarrassed
  7. I would assume my verbatim would be this or similar; 1st stop recoveries claim this amount in respect of an unpaid load funded by Uncle Buck Ltd The defendant failed to abide by the terms of the contract. 1st Stop recoveries purchased this debt from Uncle Buck and subsequently sent a notice of assignment to the defendant to advise the defendant has failed to respond to any correspondance or communciation from the claimant thus denying the claimant any opportunity in assissting the defendant in attempting to bring the matter to an amicable conclusion I cannot find the original papers
  8. Had a quick read through the thread and same as thread started default was very late if memory serves me correctly. But 1st stop didn't reply to my email or letter asking for information. Will await replies and see where I should go from here. Many Thanks
  9. 27TH so Im going to have to send it tomorrow. Im not staying at home at the moment so can only collect mail periodically. The ex is making it difficult. I think ive kind of screwed this one up. Im so mad at myself as I have negotiated my way out of two ccjs and got two friends out of one each Im just not very on the ball at the moment due to personal life issues. Thank you for your help.
  10. Your completely right, hindsight is a very wonderful thing. Sorry for not asking beforehand. I really struggle asking for help which I suppose is how I got into this position in the first place. Yes quite sure I found it here, will try to find the thread. I don't know which company, I believe I had one letter threatening action and I ignored it as I wasn't sure what it was then a while later a ccj claim dropped through the door. Name of the Claimant ? 1st stop Recoveries Ltd Date of issue – . 05/10/2015 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. Not available right now. Cannot find original claim form What is the value of the claim? Amount Claimed £470.68 Court Fee £35.00 Total Amount £505.68 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Assume payday loan but not had any information back from them When did you enter into the original agreement before or after 2007? After 2007 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. I think it has been sold as don't remember having a loan from 1st stop. Possibly Uncle Buck? 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? If uncle Buck then yes but cannot be sure that is who they are recovering from Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Couldn't afford it was stuck in payday loan loop of rolling over What was the date of your last payment? Not sure within the last 12-24 months 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? If uncle Buck I tried to get them to stop adding to loan and asked to pay off in small amounts but was told token payment was not enough.
  11. Sorry of course. From the Original Claim form What information do you need? I cant find it But I can log in online and find the information needed Is this ok? Claimant 1st Stop Recoveries Ltd Amount Claimed £505.68 I did acknowledge and submit my defence online. My defence was; Defence 1) The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure Rules. 2) No documents supporting the claim in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 3) As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request. 4) It is Not admitted that I signed any agreement with 1st Stop. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 5) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the consumer credit Act 1974 ('the Act'). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception. 6) It is averred that before Proceedings may be commenced the Claimant or 1st stop must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. 7) It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof. 8 ) It is not admitted that any alleged agreement was lawfully assigned to the Claimant. The Claimant is put to strict proof that such a lawful assignment took place. Without this proof, the Claimant has no standing before the court. 9) If, which is not admitted, a lawful assignment to the Claimant did occur it is denied that sufficient notice as required by the Law of Property Act 1925 was served upon myself. The Claimant is put to strict proof as to the content and the manner of service of the alleged notice. 10) Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing. 11) Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law. 12) It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void. 13) Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), 'shall not be binding on the consumer'. Any such contractual terms are therefore void 14) In any event and pursuant to the County Courts (Interest on Judgement Debts) Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied. 15) 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. 16) Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. Many Thanks
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