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chunkymoney

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About chunkymoney

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  1. Letter received from Solicitors; We have received your defence. We are taking our clients instructions in relation to your defence and will back to you as soon as we can. In the meantime, the matter has been placed on hold. Yours xxxxxxx
  2. Defense submited. Done this morning as cant tomorrow. Thx everyone. will let you know outcome
  3. Ta, so I should remove the part you have placed in bold and just leave the first bit then?
  4. Hi, This is my final v of the defense Would you please check it for me? Particulars of Claim as written on the form exactly; 1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement") JD Williams agreed to issue the Defendant with a credit account. 2.The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. 3.THE CLAIMANT THEREFORE RE CLAIMS 1. 1031.75" 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. (1) Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, save as expressly admitted, I cannot recall the precise details or account number and have therefore requested verification on which their claim relies.. (2) Paragraph 2. The defendant is unaware of any outstanding balances and is unaware of any legal assignment or Notice of Assignment allegedly served. On the 12th May 2016 the Defendant requested information (sent by recorded delivery) pertaining to this claim by way of a CPR 31.14 request and a Section 78 request to be complied with in the 14 day period. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. (3) It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment, balance or 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 including any charges and interest; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; (d) provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to Section 136 of the Law or Property Act 1925. (4) As per Civil Procedure Rule 16.5(4), 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. On the basis of this the defendant respectfully requests the case be struck out due to lack of supporting evidence proving any debt exists or is owned by the Claimant. Thx
  5. Thanks dx100. I have been reading threads, not come across one with that specific response. Appreciate the answer tho.
  6. Letter received this moring from solicitors. "We acknowledge your request for documentation pursuant to CPR 31.14. CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your posession or control relating to this matter to avoid duplication over document inspection. We will the take our clients instructions." Sound like a fishing trip to me but i wouldn't really know. Thoughts, ignore and carry on?
  7. Thx. I'll amend accordinglt and post before submiting.
  8. Been reading all day. Here is the PoC to make this easier reading. 1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement") JD Williams agreed to issue the Defendant with a credit account. 2.The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. This is my revised defensep; 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. (1) – Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, however, the defendant denies any such agreement exists with ME III Limited, Cabot Financial or any other Company. (2) – It is accepted the defendant has in the past held accounts with SimplyB, however, the defendant is unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of the Consumer Credit Act 1974. The defendant denies being served with any termination notice or Notice of Assignment pursuant to the Law of Property Act 1925, or any other notice. The claim is vague, ambiguous and frivolous in nature and the Claimant must particularise it’s claim in full. Furthermore, I have made a request under section 78 of the Consumer Credit Act 1974 for a copy of this agreement. In line with the requirement for the Claimant to provide this information within 12 days from the date of the letter sent by recorded delivery, the claimant has failed to provide any such paperwork and is therefore in breach of this request and as such unable to request any relief until compliance. As such, the defendant denies owing any monies 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, including any charges and interest; and © Show how the Claimant has the legal right, either under statute or equity to issue a claim; (d) Put to strict proof to provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to Section 136 of the Law or Property Act 1925. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed; having been provided with written requests by recorded mail for information under CPR31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim. 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 1925. A request was sent recoded delivery to MEIII Limited for evidence under s78 Consumer Credit Act 1974, no reply was received from MEIII Limited, however Cabot Financial have responded and this adds further confusion as the Claimant is MEIII Limited on the Claim Form, advising that they require up to 40 days rather than the 12 days before the debt becomes unenforceable, they have failed to comply with this request. On the basis of this the defendant respectfully requests the case be struck out due to lack of supporting evidence proving any debt exists or is owned by the Claimant. 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. Grate full for any help or further advise.
  9. Hello dx100 Im sorry but I dont understand what you mean, "there are loads here but thats for later". I dont know what else to add in and if you can provide a little guidance i would be very thank full.
  10. Thank you all. I'll make sur ethat date ios set in the calendar. This is my defense, would you have a look over it please? 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. (1) – Paragraph 1. The defendant concedes that an agreement did once exist between JD Williams and herself, however, the defendant denies any such agreement exists with ME III Limited. The claim is vague and ambiguous in nature and the Claimant must particularise it’s claim in full. The defendant denies being served with any termination notice or any other notice. The defendant is unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1). Therefore, the defendant denies owing any monies 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; and © Show how the Claimant has the legal right, either under statute or equity to issue a claim; (d) Put to strict proof to provide an original assignment in writing signed by the assignor at time of alleged assignment. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed; having been provided with written requests for information under CPR31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim. 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 1925. 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.
  11. thx, i've just googled it and found the same information. Do i work on a defense now then?
  12. So, Im confused now. Got a letter from "Cabot Financial" this morning. Can't scan it as i dont have scanner It reads "Dear x RE: J D Williams Mail Order - (Ref number i wont put in) Thank you for your request for infoamtion under sections 77-79 of the Consumer credit act 1974. We currently do not have this information on file. However, I have requested the relevant details, which will include a copy a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. What happens next I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender i anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write again. If you have any queries etc............." I'm really confused now and don't know what is happening. The claim form was issued by MEIII Limited and Mortimer Clarke Solicitors. What have Cabot Financial got to do with any of this....? Even their reference number does not match the claim number on the original claim form, not even close. Though it is correctly addressed and named. Can anyone shed any light on this? I haven't heard anythi from the Mortimer Clarke Solicitors and I've never had any communication from Cabot about this debt. First ive heard of it.
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