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Vonnie26

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About Vonnie26

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  1. Is that 28 working days, because if not I think the 28 days is up tomorrow
  2. Hi quick update, received a copy of credit agreement in post on 13/09, unsigned but as it was late 2007 I dont suppose that matters, letter states (from lowell solicitors) that they are waiting on copies of other items requested and will send once received UNTIL THEN THE ACCOUNT WILL REMAIN ON HOLD!. They had a certain time to send this info and what I received was way overdue I filed defence on 19th August and by my maths the 28 days runs out tomorrow, thats if weekends are taken into account (not sure) So unsure what happens next?
  3. Hi I submitted my defence on time and have had acknowledgement from the court, I have received no paperwork from lowells for can't and cap request which I posted on 8th August so not sure if they are out of date yet and what I do now
  4. ok, its says September but I take it you meant August
  5. thanks, what time tomorrow is the cut of for the defence? I work nights so will not file until tomorrow
  6. poc 1.The defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account ref no xxxxxxx 2. The defendant failed to maintain the required payments and a default notice was served and not complied with 3. The agreement was later assigned to the claimant on 6/12/2013 andnotice given to the defendant 4 d spite repeated requests for payment the sum of 5484.47 remains due and outstanding And the claimant claims a. The said sum of 5484.47 b. Interest pursuant to s69 county courts act 1984 at the rate of 8 per cent per annum from the date of assignment to the date of issue accruing at a daily rate of 1202 but limited to one year, being 438.76 c. Costs 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 r 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 an agreement with VERY (Shop direct) but do not recognise this specific amount claimed for the outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. 3. Paragraph 2 is denied I cannot recall being served with a Default Notice pursuant to the consumer credit Act 1974 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, this up until filing defence has not been recieved although there is still time for the claimants Lowells to send this request but for now they remain in Default of said s78 request 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied up until the date defence 7. 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 has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed 9. 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 10. 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.
  7. thanks Martin, dont know how to edit post, but basically its just jigging the paragraphs around which I shall do when filing defence, thankyou
  8. Hi I have used the above example and adjusted it for my defence. I have mostly copied and pasted and filled in with own details (is this ok?) as reading through it I think it fits quite well with my defence. The defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account ref no xxxxxxx 2. The defendant failed to maintain the required payments and a default notice was served and not complied with 3. The agreement was later assigned to the claimant on 6/12/2013 andnotice given to the defendant 4 d spite repeated requests for payment the sum of 5484.47 remains due and outstanding And the claimant claims a. The said sum of 5484.47 b. Interest pursuant to s69 county courts act 1984 at the rate of 8 per cent per annum from the date of assignment to the date of issue accruing at a daily rate of 1202 but limited to one year, being 438.76 c. Costs 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. I have in the past had an agreement with VERY (Shop direct) but do not recognise this specific amount claimed for the outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. 3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 4. Paragraph 3 is denied I cannot recall being served with a Default Notice pursuant to the consumer credit Act 1974 5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, this up until filing defence has not been recieved although there is still time for the claimants Lowells to send this request but for now they remain in Default of said s78 request 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied up until the date defence 7. 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 has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. 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 10. 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. well Bryan Carter solicitors which I think was part of Lowells
  10. I am drafting my defnce but I am unsure of what to argue based on the fact I do not remeber if default notice or letter of assignment sent, Also as the debt was being paid at a rate of £20 per month I am unsure whether I can dispute any of it?
  11. ok thanks, I am sorry for appearing so silly but I basically dont know where to start
  12. Hi do I defend even though I have not received the requested documentation from lowells yet or do I ask for more time?
  13. Hi how long do I have to wait and how long before I have to put a defense in thanks
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