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BrokeGirl22

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About BrokeGirl22

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  1. Thanks Gents I'll set about drafting a witness statement while I wait, they've given me plenty of material to work with so far
  2. UPDATE - Defence was filed in good time & acknowledged by the court, then a couple of weeks later I received a letter including an N9A from Restons stating they refuse to provide any documentation on the grounds that I should have them, stating they have no knowledge of a valid S.78 request or fee ( that would be because they returned those to me & a CPR 31.14 refusing to acknowledge anything that does not bear my signature) & also asking that I withdraw Defence & admit liabilty or they will make an application to strike out my Defence/Summary Judgement & have me ordered to pay their costs for doing so. Can someone enlighten me as to what to do next? As they're refusing to acknowledge anything unsigned & I don't want to start speaking with them over the phone I don't know what to do! Would it be useful if I post the full letter? Obviously minus personal data.
  3. Thank you andyorch & martin2006 I'm assuming I include the POC in the defence? I'll submit this today & wait to see what happens next, thanks again guys for the all the advice!
  4. Can someone advise if this is an appropriate defence? I've done a lot of digging around in the legal successes forum but to be honest the more I read the more confused I get! 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 april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Capital One .I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim or state any alleged breach or whether they have ever issued a Default Notice pursuant to sec88 of the CCA1974. 3.I am unaware or recall of Notice of Assignment pursuant to the Law of Property Act 1925 ever being served. 4 On receipt of this claim I requested by way of a section 78 request a copy of the alleged agreement.The claimant has failed to comply within the requisite time period and therefore remain in default of said request. I have also made a request under CPR 31.14 request to validate any documents the claimant wishes to rely upon.To date the Claimant/Solicitor has refused to provide a compliant response. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. 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
  5. I believe it's due on Tuesday 15th, the date on the claim form is 12 feb I'll be working on it over the weekend. Thank you so much for your help.
  6. I'm not sure, but I did make payments prior to the account defaulting. Am I barking up the wrong tree with my defence? Recently I have made just the two, Restons sent me a letter that said they were asking for the full amount if not they would issue claim, failing that their client may accept installments. So I sent an offer letter saying I would make a payment on 11th of each month & made a small payment the day I sent the letter as a gesture to try & sort this out. The letter came back unacknowledged the payments are not being returned to me though.
  7. I see, what I want to state is that the amount on the claim form is incorrect, when the claim was received one payment had been made on the account as per the first letter I sent (which was ignored) prior to the claim being issued & at this point two payments have now been made. How would you suggest I word it? I'm getting my brain tied in knots with all this legal terminology.
  8. Here is my drafted defence, I have used the thread linked by Martin2006 & justice.gov as reference, I'm hoping this makes sense? 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 april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Particulars of Claim are denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to comply with my requests for any agreement or statements on which its claim relies upon. On receipt of this claim I requested information by way of a Section 78 request. I have yet to receive a response complying with the request. To date they have refused to comply and remain in default. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14 request. To date the Claimant/Solicitor has refused to provide a compliant response. Therefore with the court’s permission the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. 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
  9. Ok thank you, I'm on it now will post again when it's ready.
  10. Yes thank you for clarifying that one for me! Just to update the thread - I sent a cca & CPR 31.14 on Tuesday, both have been returned to me unacknowledged as my original letter was stating they will not respond to unsigned paperwork so now I'm a little lost. Do I just submit the no paperwork defence & see what happens? I am already registered with MCOL so I'll submit online.
  11. Name of the Claimant ? Cabot Financial UK Date of issue – . 12 Feb What is the claim for – ? 1.The claimant claims payment of the overdue balance due from the defendant under a contract betwen the defendant and capital one dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 What is the value of the claim? 305+costs 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? 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I have Notice of sum in arrears 5/10/14, Notice of default 2/11/14, Statement of default 4/12/2014 All sent directly from Capital One Why did you cease payments? Repayments got out of hand & I did not seek help when I should have done. What was the date of your last payment? Unsure, all statements were online, I have no paper statements for reference 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 managemnent plan? No I have acknowledged service & believe there are many default charges in this balance which I would like to contest. The POC is now incorrect as I made a payment on 10th Feb & I'm due to make another on 11th March as per a letter I sent letter which I sent to Restons prior to receiving their claimform, this letter has been returned to me stating they will not acknowledge receipt or respond to any letters without my signature claiming they must be sure who they are corresponding with, after they were sure enough of my identity to issue court paperwork to me of course! I'm assuming I need to send a cpr.13.14 now but can I simply initial the letters rather than using my signature? Also how will I tackle the charges issue? Thanks for reading this, all help is greatly appreciated
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