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Pewpew

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About Pewpew

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  1. Thank you for all the advice and help, it just goes to show what length the DCA's will go to, to try and extort payment from people just through lack of knowledge! Again thank you to everyone that helped and especially to dx i will look at making a donation to the site with the money you guys have saved me!
  2. Just a update, I had previously received a letter from the court telling me to send evidence in, ready for court in the middle of October, I have now received a notice of discontinuance stating Lowell is discontinuing all of the claim. On the cover letter (from lowell solicitors) it says the notice brings all legal proceedings to a end. So is that the end of it forever or can this resurface?
  3. I have told them I don't have enough paper work, is there anything I should be getting ready now? I'm not sure what the next step is Edit Also I was looking on my credit score (noddle) and there is no closed account for this debt, shouldn't it be one on there?
  4. Hi guys I have had a email regarding mediation I just want to double check, I put yes to all the questions even though they haven't sent me all the paper work I need to mediate then when they ring I say no I don't have the paper work I was waiting for them to send it to me
  5. so it needs to be done via post? not on moneyclaim website, and i also send a duplicate of the N180 form to lowlife solicitors. I will jump on it asap as the time frame is pretty tight, was leaving it till the last minute as i thought i could do it online
  6. From the court Notice of Proposed Allocation to the Small Claims Track TAKE NOTICE THAT 1. this now a defended claim the defendant has filed a defence (lined out ----a copy of which is enclosed-------) 2. It appears that this case is suitable for allocation to the small claims track If you believe that this track is not the appropriate track for claim etc etc etc etc then has a return address for the country court business centre in Northampton
  7. Hi guys just a update, had a letter come about the questionnaire (N180) it looks pretty simple to fill out, can is this be done online? i can't seem to see it on moneyclaim website or does it have to be done in writing?
  8. so its no good? if it is bad i will ring up and sort out payments instead of just loosing due to poor evidence
  9. 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and is accepted that the Defendant has in the past had financial dealings with Lloyds. Given the age of the alleged agreement I cant recall the precise details or nature of any breach and have therefore sought clarity from the Claimant by way of a section 78 request and a CPR31.14. 3. Paragraph 2 is denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer crediticon Act 1974 4. Paragraph 3 is denied. I am not aware of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated by the Claimant or by Lloyds. 5. Paragraph 4 is denied. There was no requests for payment or any other mail regarding the alleged debt before I made first contact slightly before 23rd March 2016 6. A request for information pursuant to the consumer crediticon Act (section 78) was made on the 23rd March 2016 and response was received in November 2016. Hows that, with the rest of defence as above?
  10. can't believe that and i did that wrong twice! updated to Lloyds sending in the defence now
  11. 1)The defendant entered into a consumer creditact 1974 regulated agreement with Lloyds under account reference XXXXXXX 2)The defendant failed to maintain the required payments and a default notice was served and not compiled with 3)The agreement was later assigned to the claimant on 06/14 and notice was given to the defendant 4)Despite repealed requests for payment, the sum of £1000 remains due and outstanding 5)the said sum and interestes bit is here changed 2. Paragraph 1 is noted 3. Paragraph 2 & 3 & 4 are denied 3. Paragraph 2 & 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer crediticon Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated by the Claimant or by Llyods. There has been no mail received regrading this debt in any context until i made first contact
  12. i have seen a mistake where it says MBNA and changed it to Llyods EDIT: just waiting to see if you guys approve then will submit the defence
  13. Does this look ok? i was thinking of adding a d) provide legible documents; and or is this not needed? 1.The Defendant contends that the particulars of claim are 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. 2. Paragraphs 1 & 2 are noted and is accepted that the Defendant has in the past had financial dealings with Llyods. Given the age of the alleged agreement I cant recall the precise details or nature of any breach and have therefore sought clarity from the Claimant by way of a section 78 request and a CPR31.14. 3. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer crediticon Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated by the Claimant or by MBNA. 4. A request for information pursuant to the consumer crediticon Act (section 78) was made on the 23rd March 2016 and response was received in November 2016. The claimant has disclosed what purports to be an application form originating at the the time of application 2007 however this application is illegible, It is also deficient of any prescribed terms as laid out by the CCA1974 nor was there any Terms and Conditions enclosed with the application. It is therefore averred that what the claimant has responded with does not satisfy the request of a section 78 given no legible copy of the said agreement has been received nor has any terms and conditions relating to the agreement CPR 31.14 request was made by signed for delivery on 23rd March 2017 . To date the Defendant has failed to respond with a legible copy of the agreement or any terms and conditions 5. It is therefore not accepted with regards to the Defendant 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’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and 6. As per Civil Procedureicon Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed. 7. On the alternative, as the Claimant claims to be 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. 8. 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
  14. i was thinking maybe change . The Defendant contends that the particulars of claim are vague and generic in nature, to . The Defendant contends that the particulars of claim are generic in nature as no legible agreement of which the claim relies on has never been sent. im really at total loss if this is right or wrong, i have been checking forum posts (not always logged in) I have less than 4 hours but would like to have it done at the latest for 3pm, i understand i can't change my defence but surely its better to submit something rather than nothing? (i am starting to flap a little bit now) also if the MCOL is down does anyone have the email address i can't find the post that some had posted it in
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