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jon1974xy

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About jon1974xy

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  1. Hi everyone, had some good news, at least I think! I had received a letter from the court with a proposed court date, but shortly afterwards came a letter from Lowell with a signed court document stating that their client had advised them not to pursue the case, and a signed court document stating that they wanted to withdraw the case! I then went to look at my credit report on Noddle and I requested them to remove this alleged debt from my credit file. A short time later I got a letter from Noddle stating that Lowell was refusing to comply with this and so they couldn't do anything, and advising me to speak to Lowell directly. I am obviously now wanting to get this removed from my credit record, please could anyone advise on how this could be done? I am eternally grateful to everyone here for all of the kind help and support, it has really helped me out and I am so glad that at least this is over with.
  2. ^ I'm not sure what the above means, sorry! Had my telephone mediation today. I stated that I have still never received an itemised list of items purchased and when and how much they cost etc... Lowell's claimed that the piece of paper which just states how many items were purchased and how much I owe and nothing more is enough proof to go to court. I stated that I wasn't going to hand over £1400, with only a generic statement of an account with a £1000 limit and no list of purchased items and I was therefore told that the matter will probably proceed to court. Obviously worried about this but I doubt there's anything I can do at this point. Any advice at all would be appreciated!
  3. Hi everyone. I finally received a response from the court before my court case I have to have a telephone mediation in a few days. I just wondered if anyone had any tips or advice for this? I'm particularly interested to see if there's a specific law that says the creditor has to provide an itemised list of things that I allegedly purchased, and when and how much they cost? This has never been provided to me. Other than that is there anything else I should say during the call that will help? Thank you as always for all the help I've received here.
  4. Okay I will take those out. Thank you so much for all the help, going to submit it now!
  5. Thank you so much. Here is the final thing, could you let me know what you think please? 1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement"). 2) The Defendand 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 11/09/2015 and notice was given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding. And the Claimant claims a) The said sum of £1,227.79 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22 c) Costs **************************************************** The 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. 1) Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974. 2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor. 3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served. 4) On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported. 6) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees. 7) The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated. 8) The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money. 9) The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required. 10) 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/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; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 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, 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. 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.
  6. Thank you, I understand what you're saying but I have no idea what to put in response, please could you point me in the right direction with what I should be putting? Thank you so much for your reply.
  7. Cool thank you. It may also be because I'm having to use a very old windows XP computer borrowed from a friend. When I submit the defence should I include the part at the top in red in the actual defence too?
  8. I've been looking around at similar threads for the past few days. I've added a bit more. Do you think this will be okay to submit? Sorry if this isn't formatting properly. I don't know why it's not 1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement"). 2) The Defendand 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 11/09/2015 and notice was given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding. And the Claimant claims a) The said sum of £1,227.79 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22 c) Costs 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. On 02/11/2016 I made a CCA Request to the claimant I received areturn to this on 17/11/2016 but the reply failed to show acomplete breakdown upon how this balance of £1476.01 was reported. The claimant is put to strict proof upon how this balance wasaccrued specifically with regard to items ordered and the amountof unlawful penalty fees. The claimant has repeatedly failed to provide any proof of thealleged debt despite numerous attempts to request suchproof and has never provided any documentation relating to whatitems were ordered or how the alleged balance due has been calculated. The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would representunlawful charges and unlawfully added sums of money. The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due andowing and no verification of your liability to pay the outstandingbalance is required. 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/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; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 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, 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. 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. Thank you again, this is what I have written as my defence for the moneyclaim website. Please can you let me know if it is any good and if I need to add anything else? Thank you so much again! On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported. The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees. The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated. The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money. The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required. 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; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
  10. Thank you very much for your reply. I have been doing the best I can to work this out without having my own internet or regular access to a computer and trying to work as much as possible to try to find somewhere permanent to live. It's really not that easy. I've also found it difficult to know exactly where to look and which posts would apply to me, I'm sorry that this all annoys you. I also thought that when I was asked to upload all the paperwork that someone might have a look and offer some help, sorry again. I'm going to just go ahead and submit the defence as well as I can and hope for the best. Sorry again to have bothered you.
  11. Please can anyone help at all? I have no idea how to submit a defence and this has me so scared that I'm not able to sleep. Any help at all with how to do the defence would be greatly appreciated. Thank you.
  12. Sorry for the delay. Here is all the documents scanned in. I apologise for the "free PDF editor" watermark on some pages, it's just how my friend had to do it. I REALLY appreciate all the help I've been getting here and I guess next I just need a little help submitting my defence. As I don't have regular access to a computer or the internet I guess I should get this done fairly soon. Any help on how to proceed would be greatly appreciated! FinalPDF.pdf
  13. Hey I was just wondering if it's safe to upload the documents with my details on or if I should edit everything out first? Thank you.
  14. Okay thanks. I will get a friend to scan it with me tomorrow and upload it asap. It's literally just what looks like a standard Littlewoods credit agreement with my name printed separately at the top. It doesn't have my signature on if that matters at all? The only other stuff they sent were photocopies of alleged letters they sent me telling me they had purchased the debt and demanding payments.
  15. Sorry for being thick but what do you mean exactly by supposed CCA return? Once I know what document you mean I will have to ask someone to scan it for me as I don't have a printer or scanner, but I can do this within 24 hours. Sorry again.
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