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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

winty67

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Everything posted by winty67

  1. winty67
    do you think they will represent themeselves at the hearing?
  2. winty67
    No papers served to me or to the court, I emailed the court and they confirmed that the Judge will decide at the hearing if they can use any papers not served upon me or the court as per the court/judge guidelines, but will put a copy of my email and that I will have to let the judge know that I havnt been served any papers. Seems a bit odd that they can still proceed with their claim even after not complying with the courts direction. Will see on Thursday.
  3. winty67
    I am posting to Howard Cohen today, and delivering by hand to the court tomorrow
  4. winty67
    Court date 4th August so I calculate 21st July (Thursday)
  5. winty67
    Thanks Andy, will send it today, with all other papers. I still have not had anything from Howard Cohen or Hoist.
  6. winty67
    Is this ok for the witness statement, appreciate I have to head it with case name and claim number. 1.The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. 2. I have made a section 78 request to the claimant on 14 March 2016 and the claimant has failed to respond to this request. 3. I have made a request for disclosure to the claimant persuant to Part 31 of the Civil Procedure Rules on 14 March 2016, for me to properly respond to the claim, and the claimant has failed to respond to this request. 4. It is Not admitted that I signed any agreement with Barclaycard . 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 before Proceedings may be commenced the Claimant or MKDP LLP/Barclaycard 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. 6. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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.
  7. winty67
    Ok so send a copy of the witness statement to Howard Cohen, and the rest of documents inc witness statement to the court. I will tweak the witness statement as best i can and repost Cheers
  8. winty67
    what is the disclosure? is this the witness statement and defence document?
  9. winty67
    Have received court date 4th August 2016, allocation to the small claims track. I need to prepare a witness statement, would the statement in #23 be ok? I have been looking in case successes but cant find any! Cheers
  10. winty67
    Thanks dx, have replied to the mediation service suggesting that it is not suitable as I have had no reply/ paperwork as evidence of the claim
  11. winty67
    Have received a mediation letter and am required to answer yes to all 3 questions, re suitability. I can answer yes to 2 of them but not sure about this one as i have not had any replies to my CCA request to Hoist and CPR31.14 request to Howard Cohen. "I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment" Should I reply to the mediator and suggest the case is not suitable for mediation?
  12. winty67
    ok thanks Andy
  13. winty67
    I have already done this the Claim Form was issued 01/03/16, filed my defence 01/04/16, had acknowledgement from court re defence dated 01/04/16, so what do I need to do now, if anything?
  14. winty67
    Have received letter from the court acknowledging receipt of defence, yesterday received letter from Howard Cohen dated 05/05/2016 (the defence was filed 01/04/16, and thay recieved my request 17/03/16, which looks like a standard letter) acknowledging receipt of my` letter dated made under CPR31.14 for documentaion mentioned in ou Particulars of Claim. We are currently in the process of retrieving the documents requested. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form. Should this be ignored?
  15. winty67
    ok thanks Andy
  16. winty67
    Just received the same letter as before from Robison Way with the postal order returned (but fiiled out to Hoist Portfolio Holding 2 Ltd) Should I make another request or not? Looks like they dont have the information requested or playing for time.
  17. winty67
    Andy, thanks, that sounds good, I appreciate all your time and help, have a good weekend..
  18. winty67
    Ok, I am slowly understanding the process but I am not legally minded (even after reading counless threads on here) so is there a defence to the claim? I dont want to admit the claim, but defend it, you help please Andy
  19. winty67
    yes it is, was denying monies due to Hoist, what would be the reply in defence to para 1?
  20. winty67
    Should read ............Paragraph 1 is noted I have in the past had financial dealings with Barclaycard but deny any monies being due as alleged by the claimant Hoist Potfolio Holding 2 Ltd Is this ok?
  21. winty67
    Andy what do i need to address?
  22. winty67
    Thanks Andy, I will file the defence tomorrow, Still nothig from Hoist or Cohen, guess will have to wait to hear from the court, I will post when I hear something
  23. winty67
    Sorry for late reply, should the claimant be Hoist and not MKDP LLP, as it was `assigned to the claimant`? I have not had any correspondance from MKDP LLP re monies owing and thought it was right to deny Thanks
  24. winty67
    Is this better? Particulars of Claim:- 1. The claiment claims the sum of £7015.01 being monies due from the defendant to the claimant under an an Agreement with the account no.5301............ persuant to The Consumer Credit Act 1974 2. The debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimant and notice of this has been served. 3. The defendant has failed to make contractual payments under the terms of the agreement and a default notice has been served upon the defendant pursuant to s.87(1) CCA 4. And the claimant claims the sum of 1. The sum of £7015.01 2. Interest pursuant to s.69 of the County Court Act1984 at a rate of 8.00 percent from the 11/04/2012 to the date hereof the sum of £2177.10 3. Future interest accruing at the daily rate of £1.54 4.Costs Defense Paragraph 1 is noted I have in the past had financial dealings with Barclaycard but deny any monies being due as alleged by the claimant MKDP LLP. Paragraph 2 is denied I am unaware of any legal assignment between Barclaycard and MKDP LLP and the claimant is put to strict proof thereof. Paragraph 3 denied the claimant has not provided a default notice as alleged, has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment and remains in default of my section 78 request dated 14/03/2016 Paragraph 4 is denied as yet the claimant has yet to provide any proof at all. Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement. 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; and (d) show that they have served a Notice of Sums in Arrears (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 14/03/2016 . This was sent via recorded delivery and signed for on the 18/03/2016.The Claimant has yet to comply. 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, as 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. The Defendant has no recollection of receiving a notice of assignment. Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief pursuant to 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.
  25. winty67
    Ok thanks, thought that was a defence! cheers

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