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About xxxxhelpxxxx

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  1. Sooooo he has received a "Notice of Proposed Allocation to the Small Claims Track" from the County Court. It says TAKE NOTICE THAT 1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed 2. It appears that this case is suitable for allocation to the small claims court If you believe that this track is not appropriate for the claim, you must complete box C1 on the Small Claims Directions Allocation Questionnaire (Form N180) and explain why 3. You must by 24 September complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties There was no copy of the defence enclosed with the notice!! The letter was dated 6 September and received today.
  2. I have started a thread on the CC debts There are some charges on the account that I will add up and see what they come to and use them as a negotiation point
  3. Also must remind them that his address has changed so that no further post goes to his old address and he doesn't receive it in time !!
  4. Thanks Andyorch. The letter states that the FFS offer expires at 4pm on 28 June
  5. He hasn't got the best credit history but has no CCJ's and most of the defaults drop off in 3/4 years. If he negotiates a FFS and they agree, will this pave the way for them pursuing the CC debt with them? The CC debt chasing seems to have dropped since we asked them to rpvide documentation
  6. The amount on the original claim form was £2302.93 + interest of £361.50 from 5/4/2016 + £150 court fee + £50 legal representative fee = £2849.43 The amount they are claiming now is £2302.93 + interest of £400 + £105 Issue fee + £80 solicitor fee = £2887.93 I have no idea if this is defendable or not! Obviously my partner is stressing so much about this. I have no idea how we would raise that sort of money
  7. So in the package he has received : Notice of Assignment Introductory Letter (from 1st Credit) Change of Legal Representative (from Moon Beever to Intrum) 280 pages of statements HSBC Advance Bank Account Terms and Conditions (they state that as this is a current account, there is no signed agreement available) A facility letter The date on the footer of the printed documents is 11/17/2016 He has also received a letter from Northampton CCBC that the case has been transferred to the County Court local to us as the CCBC Solicitor is No Longer Acting They have also sent copies of the Demand and Final Demand from them for payment and again reiterated that "as this is a current account and was opened prior to 1st February 2011, there are no original Terms and Conditions" Then he received a letter "Without Prejudice Save As To Costs" informing him that they intend to proceed with this matter and setting out what each party will receive in the way of the questionnaire, notice of allocation and direction, etc. They state "To date we have disclosed all available documentation to which which includes the statements of account/payment history; notice of assignment; the terms and conditions on default; the pre-Final Demand letter and the Final Demand. We intent to proceed to trial and obtain judgement and will seek costs; and interest against you, which to date is as follows £xxxxx (they break down the costs). Notwithstanding the above we remain of the view that this claim is capable of being settled and we are prepared to make a settlement offer. For the avoidance of doubt any previous offers are revoked." They will accept £2,100 in full and final settlement, including interest, costs or £2,800 by instalments.
  8. It is. Surely Moon Beever should have told Intrum his new address?
  9. A large file of paperwork has been set to his old address from Intrum. No idea what's in it as his old address is 1.5 hours away from the current one. Rather annoyed to say the least as it is his parents house and they are now very concerned about it (the packet had split partly open on arrival). Surely the solicitor should have requested to be sent to the new address (which they have written to themselves)?
  10. He's had acknowledgement from the Court giving the claimant 28 days otherwise the claim will be stayed
  11. Final stupid question before I submit - which do I tick I am the Defendant - I believe that the facts stated in this form are true or I am duly authorised by the defendant to sign this statement - the defendant believes that the facts stated in this form are true
  12. Thanks Andy. I'll amend and get it sent off.
  13. 1."The Claimant is the assignee of Hsbc Bank Plc.Debt in the sun of £2664 assigned on 23/3/2016. Statuatory notices of assignment were sent to the Defendant. 2.On 01/03/2018 the Claimant changed its name from 1st credit (Finance) Ltd to Intrum Finance Ltd. 3.The debt is for arrears on an overdraft facility and the account was opened by the original creditor on or about 28/06/1985 under reference xyz. The Defendant used the credit facilities. 4.On 19/05/2015 the account defaulted with an outstanding amount of £2,302. 5.The Claimant and its predecessors in title demanded repayment of the sum due. 6.In breach of the contract the Defendant failed to repay the sums due 7.AND THE CLAIMANT CLAIMS 1. The sum of £2,302 2. Statutory INTEREST pursuant t S.69 County Courts Act 1984 at 8% per annum from 05/04/2016 until Judgement or sooner payment" Defence The Defendant contends that the particulars of the 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. It is admitted that the Defendant once had banking facilities with the original creditor HSBC Bank plc. It is denied that I am indebted for the alleged balance claimed. 2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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 Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. Paragraph 3 is denied. To my knowledge HSBC has never served me a notice pursuant to 76(1) and 98(1) of the CCA1974 Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 26 April 2018 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft and Termination Demand Notice inferred by the Claimant's Particulars of Claim. The Claimant has failed to respond or comply with this request. 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.
  14. Definitely won't miss it. Just got to find and write the defence now!
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