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Yorky39

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About Yorky39

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  1. Sorry, post 7 refers to it just being an example but is it ok to use if I remove "The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon." from section 4, and also "(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.[/i"? All I've had is the NOA and the letter, nothing else.
  2. Following on from what I've uploaded, could you make a suggeston for my defence please which I can submit tomorrow? Also, should I send a reply to the solicitors?
  3. Hello I received this today along with a copy of the Notice of Assignment which looks ok. Can you advise on what to do next please? 2018728.pdf
  4. Hello Quick update, I received a letter today from the solicitor saying that they haven't received any response and that they've requested the court to grant a judgement of £50 per month. Their letter is dated the 18th, my letter was sent on the 17th so they won't have received my letter before they sent theirs. They're just assuming I wasn't going to reply. I've logged into MCOL and there are no further updates after they received my acknowledgment of service so it doesn't look like anything has changed from the court's side. I'll sit tight to see what their response to my letter is.
  5. Thank you again! CPR is on it's way, let's see what comes back.
  6. Many thanks to both of you for your replies. Just to clarify, should I send the CPR and submit the defence at the same - I'm just thinking with regards to item 6 of the defence, do they need x amount of time to respond?
  7. Hello I think I've royally messed up with something and am looking for some advice please. Tonight I was having a tidy and have come across a claim form which I hadn't noticed or even opened. The issue date is the 28th June. I've gone onto MCOL and tried to request 28 days as opposed to the 14 but I suspect the clock struck at 16:00 this afternoon. I'm just looking for words of wisdom on how to proceed please. I know I've been stupid and didn't even see it mixed in with a load of rubbish that usual rubbish and takeaway menus that graces my letterbox. I've included the details below but it's probably a bit late for that. ----- Date of issue 28th June 2018 Particulars of Claim 1. Monies due under current account overdraft. 2. The Claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the Defendant. 3.It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand.n 4. The Defendant has failed to repay the amount due. 5. The debt was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2139.55 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I am aware of. What is the total value of the claim? 2324.55 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft When did you enter into the original agreement before or after April 2007? Before, probably late 90's. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot. Were you aware the account had been assigned – did you receive a Notice of Assignment? I'm not sure but I have received letters from Cabot. Did you receive a Default Notice from the original creditor? I'm not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so. Why did you cease payments? Personal problems and financial difficulties. What was the date of your last payment? Probably 2013. Was there a dispute with the original creditor that remains unresolved? I stopped using this account and the debt has now been sold to Cabot. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No. ----
  8. Still nothing so I sincerely hope that you are right. Many thanks for your time and advice, I really appreciate it. I've hit the donate button so that hopefully you can continue to help others
  9. I previously sent all the forms in before Christmas but have heard little back since my previous posts. I did receive a letter saying that the account was being put on hold for 28 days whilst the CCA was being obtained from the OC but nothing since then and it's well over 28 days. Nothing new on MCOL either.
  10. Apologies, I've not been around for a while due to no activity. The OC was Next. Why do you ask?
  11. That is correct, plus a few bank holidays it will be next week. If the CCA does come back after the stay, does that mean they can restart the whole process with the court?
  12. Happy New Year dx100uk! Restons have written to me and included my copy of the CPR and said it needs to be signed or or they will not acknowledge receipt or provide any response. Capquest have replied and said that they have forwarded my request for documentation to the retailer and will forward this on as soon as they receive it.
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