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fezza77

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About fezza77

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  1. Thank you Andy, still not received my cca request so fingers crossed
  2. Sorry dx100uk i just assumed that they have the documents ive based my defence on this was a issue. Especially when ive not heard from them since March. Their wording was what caused me concerns "We are instructed to make an application to strike out the defence and to seek an order that you pay our costs assiociated with the application" Sorry
  3. Hi, just recieved a letter from restons , which includes a notice of default and a statement of default attached!!! They are asking me to withdraw my defence and complete a n9a form and return within 14 days. Otherwise they will make an application to strike out the defence and seek an order that i pay the costs. What would you suggest from here? its coming up to the 6 year mark come april? does this still stand?
  4. yep caboot have acknowleded my request 2 days prior, do they not speak to each other!!!! i shall ignore their letters, felt like ringing them up about the wrong mail but my sarcasm would have took over
  5. well recieved a letter from restons today dated two days after the letter from cabot! saying they have received my defence, stating they dont believe the claim form particulars being vague! followed by a statements, the last one i find interesting as it states if i rely on any of the documents i need i should revisit my original personal records! Also says i refer to the cpr 31.14 within my defence and the cca request. it asks for evidence of the request as well as evidence of the statuory fee of £1-00 fee being made within 14 days. If unable to provide them with the requested evidence they ask me to withdraw my defence!!! cheeky gits For the record i still have the reciept for the recorded letter along with the postal order reciept. Do i even bother with a response to this??? also in the same letter they have put in someone elses letter, which looks fairly important as its 14 days to comply, do i send this back to the solicitors or to whom it should have gone too?
  6. hi all just recieved a letter today from cabot stating they have not got the relevant paperwork yet but i am still liable to pay ? ive deemed this letter as good news? do i leave it at this or do i speak to the court?
  7. how long do they have to act upon this defence?
  8. Thanks andy so is that good to go? ill submit on your go ahead
  9. hi im looking at submitting one of the defenses above shortly, does it look ok?
  10. Particulars of claim: 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One dated on or about aug 09 2008 2. And assigned to the claimant on sep 28 2015 acc number ******** date 15/1/2016 default balance 1114.94 post refrl cr nil Defence 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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. The Defendant requested information pertaining to this claim from Cabot Financial (UK) Limited by way of a Section 78 request.To date I have yet to receive a response complying with the request and are therefore in default of this request and prevented form seeking any relief until compliance. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5, 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. 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 Is this one better then? thanks dx100uk again
  11. Ok been working on my defence and giving myself a few day to make any amendments if required. Particulars of claim: !.the claimant claims payment of the overdue balance due from the defendant under a contract between the defandent and Capital One dated on or about aug 09 2008 and assigned to the claimant on sep 28 2015 2.acc number ******** date 15/1/2016 default balance 1114.94 post refrl cr nil right.... The Defendant accepts that he has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding.I have therefore sought clarity by way of a section 78 and a statement of account. As of this date the claimant has failed to comply with my section 78 request which has been received and signed for dated 27/01/16, and therefore remains in default of s78. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, 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 evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 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 Act 1974. 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 this sound, not too far off i hope? also do i need to expand on the cpr 31.14 response given from restons which they have basically refused to concur with or is my wording ok?
  12. Thanks guys, so is this all i can do up until i write up a defence? cabot have not responeded to my cca still either.
  13. what are they actually hoping to achieve by sending this, would it have not saved them time and effort just to ignore my letter???
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