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Everything posted by Bailey14117

  1. Thank you Andyorch. I will definitely intervene, the link doesn't work but I can refer back to my CPR request letter if that will be ok? If they haven't filed anything do I still need to attend?
  2. No but I can do that first thing. They paid the court fee. Is it worth me calling them in the morning? What f they haven't filed anything?
  3. Ok so I've heard nothing from them, no paperwork sent through. Tomorrow is the day!! Any further advice for tomorrow?
  4. Ok thank you, I'll let you know what happens next week. All help really appreciated!
  5. Ok so I called the court and they have paid the hearing fee. Does this mean they intend to show up. So I'll hand deliver the paperwork to the court today and send off the same recorded delivery to 1st stop recoveries. How do you think the hearing will go?
  6. 2. I am aware of a company named Uncle Buck Ltd, which I understand to be a ‘payday loan company’ offering quick credit on a short-term basis. I have no recollection of there being monies owed or outstanding to this company. Therefore, I deny the alleged amount claimed.
  7. How about point 2 I say I am aware of the company named Uncke Buck Ltd, which I understand.... The rest as per you have put on point 2, then I am not denying I have used their products but am denying I owe monies? What do you both think?
  8. That's fab! Thank you! I really appreciate your time and effort at this time of night. I'll call the court tomorrow and get it straight to them. Will update you with what happens next. Many thanks to you both once again.
  9. Thanks Andy I was considering that. So it would be a matter of calling up the court and asking of the payment has been made by the claimant by the 8th June? If it hasn't been made does that mean it won't go ahead?
  10. Ok thank you. I'm sure whatever you write up will be brilliant and far better than I could do! That's exactly how I feel, and the amount of people that bury their heads in the sand in this situation and find it affects them for such a long time, it's just so sad! These companies are ridiculous!
  11. Also I referred to a Claimant reference number which was on the original county court letter.
  12. Ah that's amazing thank you! I used the county court claim reference.
  13. I have also drafted the disclosure Lost as below: Claim no: ABC12345 In the xxxxxxxx county court Claimant: xxxxxxxxxxxxxxxxxxxxxxxxx xx v Defendant: xxxxxxxxxxxxxxxxxxxxxxxxx _________________________ _________________________ ______________________ STANDARD DISCLOSURE LIST _________________________ _________________________ ______________________ List of documents to be disclosed by the claimant: 1. CCA S,77/78 request letter sent to 1st Stop Recoveries Ltd. 2. CPR 31:14 request sent to 1st Stop Recoveries Ltd. 3. Receipt of postage of the above two requests. 4. Witness Statement 1 of the claimant. YOUR NAME Signed: _________________________ _______
  14. Thank you, I really want to get this right and try what I can myself, or at least attempt to. You're help is invaluable and want to try do my bit. As per above, it's probably completely wrong but please feel free to edit of you can.
  15. Ive managed to do the below, would you mind taking a look? IN THE county court AT halifax CLAIM NO: BETWEEN: 1st Recoveries Claimant -and- XXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF MR XXXXXXX I.Mr XXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- 1. It is admitted that I have had an account with Uncle Buck in the past, I believe the debt was sold onto 1st Stop Recoveries LTD. I am unsure of the dates the account were opened. 2.It is denied that I entered into an agreement with 1st Stop Recoveries at any point. 3. Any issue with repayment must be legally enforced by way of Notice served under Sections 76(1) and 98(1) of the CCA1974 to terminate and recall any lending’s which 1st Stop Recoveries failed to comply with. 4. The assignment must be absolute. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. The assignment must be in writing and signed under hand by the assignor. Notice of the assignment must be received by the other party or parties for the assignment to take effect. Again it is denied any Notice of Assignment was ever received. 5. It is admitted on receipt of the claim form I did request information pursuant to CPR 31.14 Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed Show and evidence service of Notice served under Sections 76(1) and 98(1) And to show how the claimant has legal right either under statute or equity to issue a claim in their name Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request the court expects parties to communicate to try to narrow any differences. Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial. I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable. My defence stated that the original Creditor failed to serve Notice under Sections 76(1) and 98(1) and are therefore prevented from enforcing or requesting any relief. 6. Neither the claimant nor its Witness are in a position to assume that anything has been previously provided, nor is it their concern. They the claimant in this matter and will have to disclose all documentation relied upon as the basis of their claim at trial.As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed. 7. It is in my opinion that the claimants claim is fanciful contains no proof, and uncorroborated. Totally unaware of the details of debt they have purchased and expecting judgment/relief be granted, relying on the court to base its decision on assumption and basis of probabilities. It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out under CPR 3.4 as having no basis. I believe that the facts stated in this Witness Statement are true. Signed ………………. Dated on the day ………………..2015
  16. Hi shamrocker, Yes I do recall a loan taken with them. I don't remember when exactly though and have no paperwork from back then. If I can remember rightly I think I had a loan/s with them previously maybe only 1/2 and paid them back no problem then I got into a hole with payday loans and borrowed the £150 and was unable to pay back. I don't have any paperwork to back this up. I was in financial difficulty but I dont know if I discussed it with them or not. I'm sorry I cannot be more specific but it was a horrendous time and I have tried to forget about it all. I know now that's not the best thing to do but just trying to be honest and get it sorted now. I have got the template thanks and will do my best with it now. Thank you all so much. I have also read the other thread and am going to use the cover letter for the court from it. I wil also be able to hand deliver it to the court tomorrow.
  17. Hi, I have just logged into MCOL and the last thing put on is my defence. I don't see anything relating to any correspondence from the claimant or if the fee has been paid. Would I be able to see that? Is it worth me calling up the court tomorrow to ask?
  18. How does the below look? If it os ok I will copy and send it all recorded delivery tomorrow to both the court and 1st stop. Also due to its change in name do I send it to the new company or 1st response address as previously sent? Really appreciate your time take to do this. 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. 1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim.It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925. 2. Paragraph 2 is denied the Claimant has not made any contact nor served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof. 3. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; © show how any breach occurred and a valid Default Notice was issued, (d) show how it has legal assignment of any alleged debt. 4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. The claimant was sent a CCA Request along with a CPR 31:14 on 24th February 2016 (proof of postage enclosed along with a copy of the letters sent), neither of which were acknowledged or responded to. 7. The defendants credit file is checked on a regular basis and as of 3rd August 2016 no default has been filed prior to CCJ request to the court. 8. Mediation has been agreed by the defendant but was unable to go ahead due to no response from the claimant. The defendant did not have the relevant information from the claimant despite it being requested to proceed with this. 9. This case has now been allocated a date of 12th August 2016 and as of close of business on 3rd August 2016 the request by the court for the claimant to provide signed statements, evidence and witnesses the claimant intends to use has not been received by the defendant and therefore not complied with. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed. I believe the facts stated in the Defence are true. Along with this statement is enclosed the following: Copy of CCA Request Copy of CPR 31:14 Copy of proof of postage of the above items on 24th February 2016 This concludes the defendants evidence and the originals will be brought to court on 12th August 2016. The defendant also confirms the claimant has been sent the same as the court.
  19. No had nothing at all back from CCA request and CPR 31:14. I sent them by recorded post months ago and have the receipts. So will ensure I copy those and send them to both the claimant and court and also mention it in my statement. I will draft one tonight and post it. To assist me, are you aware of any templates I could bastardise? On this site or anywhere? Thank you so much for your prompt responses too. Really appreciated.
  20. Yes will do thanks. It did ask for 14 days before court which I haven't read properly so will get them sent it asap! So my list is: CCA request letter CPR 31:14 I don't know about the witness statement, is that a statement from me and if so what should it say?
  21. Nothing at all from the claimant. I have a notice of allocation - it advises each party deliver to each other and the court office copies of all documents. I have yet to do this. My only documents I have sent is the 2 letter CCA and other one. It goes on to talk about Mediation. It also asks for all statements from each party. Do I just send in my letters or need to attach a statement? If so what should it say? As the claimant was already sent my letters when I originally sent them?
  22. Hi, Thanks all so far for your help. So the update is I got a call regarding mediation. I explained I would be happy to mediate but didn't have enough information to do so. They thanked me and said therefore we couldn't mediate - that's fine, as expected. I have since received a letter from the court saying it has been transferred to my local court and the court date is 12/08/16 so just under a couple of weeks. It states on the letter that the claimant must pay £55 for the case to be heard and if not paid by 8th June 2016 the case would be thrown out! Is there a way I can check if this has been paid and if not will I need to attend court on the allocated day? If it has been paid and it goes ahead I will attend on the day and my evidence is the letters I sent in CCA and the other one I was advised. Also that they have not registered a default so cannot go forward with a CCJ until the procedure has been followed. Do I have to write anything out or are the letters and me saying the above suffice? Also the company have since changed their name to Clear Recoveries, on the court paperwork it still says 1st Recoveries doran this matter or make a difference? Finally can I ask what is the likelihood of the claimant actually attending? Am I right in thinking if they don't the case will be thrown out? Is there anyway under the above circumstances that the judge will give me a CCJ? If I can get some help with those questions I would be most grateful and be much more prepared for court, as I am quite nervous! Thank you in advance.
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