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expatnanna

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  1. Next round. Mediation on Tuesday. Take it play a straight bat, don't give away too much about their errors/omissions so they can correct prior to court hearing?
  2. Thanks once again. be in touch for the next exciting instalment!!
  3. Ok, But it will give them my phone details which they don't have....
  4. Right, next round! Received the N180 which is simple enough, the Notice letter with it says return to county court, and serve copies on all other parties? The N180 itself says return to county court. Do I have to send a copy of the N180 to Lowlifes as well? Cheers
  5. And a referral to the ICO in the case of the other persons details??
  6. Many thanks Andy. I'll wait until the last minute then post.
  7. 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. Paragraph 1 is denied. The defendant has had an account with Provident Personal Credit, but cannot reconcile the account number quoted. I have sought clarity from the claimant by way of a CPR 31.14 and section 78 request. Paragraph 2 is denied. I do not recall ever being served a Default Notice however from memory I do recall a collector ceased to collect payments in the past. Paragraph 3 is noted.The defendant was unaware of any legal assignment or Notice of Assignment allegedly served 3 years ago. Paragraph 4. is denied I do not recall any requests from this claimant requesting payment and had never heard of them until receipt of this claim 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; 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. Attempt 3. Vague as possible. Ok now?
  8. Particulars of Claim for reference only 1. Defendant entered into a cca 1974 regulated agreement with Provident Personal Credit under the a/c ref no ******** (the agreement) 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 29/8/2014 and notice given to the defendant. 4. Despite repeated requests for payment, the sum of £465 remains due and outstanding. 5.And the claimant claims a) The said sum of £465 b.) Interest pursuant to s69 county courts act 1984 at the rate of 8% pa from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.20. 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. Paragraph 1 is denied.The defendant has had an account with Provident Personal Credit, but cannot reconcile the account number quoted. The Claimant/Solicitor has furnished a photocopy of an agreement with no attached terms and conditions, and an A4 unheaded spreadsheet purporting to be a statement of account. Paragraph 2 is denied. Doorstep collection ceased. Original creditor aware. No default notice received. Paragraph 3 is noted.The defendant was unaware of any legal assignment or Notice of Assignment allegedly served 3 years ago. The claimant and their solicitor have now furnished me with an unheaded document purporting to be from Provident advising that the account was sold to Lowell Portfolio on 29th August 2014. Also enclosed was an unheaded document from Lowell Group introducing themselves.It is noteworthy that both these documents, purporting to be from different parties, are both dated 18th September 2014. Paragraph 4.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. Amended as suggested. This ok to submit now?
  9. Many thanks. Will amend. Then submit at last minute. And I can do that online when I am away?
  10. Any chance of an advice comment on the defence I prepared.? Working and holiday looming ( I have to file when I am away) so want to sort in good time. Many thanks.
  11. Particulars of Claim for reference only 1. Defendant entered into a cca 1974 regulated agreement with Provident Personal Credit under the a/c ref no ******** (the agreement) 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 29/8/2014 and notice given to the defendant. 4. Despite repeated requests for payment, the sum of £465 remains due and outstanding. 5.And the claimant claims a) The said sum of £465 b.) Interest pursuant to s69 county courts act 1984 at the rate of 8% pa from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.20. 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. Paragraph 1 is denied.The defendant has had an account with Provident Personal Credit, but cannot reconcile the account number quoted. The Claimant/Solicitor has furnished a photocopy of an agreement with no attached terms and conditions, and an A4 unheaded spreadsheet purporting to be a statement of account. It is not a copy of the collectors pocket book. If this correct, the original agreement appears unenforceable as the first collection was made only 8 days after the agreement was allegedly signed. Paragraph 2 is denied. The original creditor was advised on more than one occasion that the collector was not calling. They failed to remedy this or advise the defendant further. With the passage of time, the matter was forgotten. Paragraph 3 is noted.The defendant was unaware of any legal assignment or Notice of Assignment allegedly served 3 years ago. The claimant and their solicitor have now furnished me with an unheaded document purporting to be from Provident advising that the account was sold to Lowell Portfolio on 29th August 2014. Also enclosed was an unheaded document from Lowell Group introducing themselves.It is noteworthy that both these documents, purporting to be from different parties, are both dated 18th September 2014. Paragraph 4.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. My first attempt. Any good?
  12. I have until the beginning of September, but turning my attention to drafting a response to the claim this week. Am I correct to say: 1. In this response/defence I keep it succinct and stick only to addressing the 4 points on the claim? 2. This is a shorter exercise and the longer witness statement is separate and comes later? 3. I don't file it on MCOL until the time is nearly up? Many thanks
  13. Thanks for that Andy. Your politeness is appreciated too.
  14. Thank you both. Read the link that you have posted, which I have many times, point 3, by Andy, and tell me where I've gone wrong. I've actually followed the instructions this forum suggests!!!
  15. As per Andys instructions in the sticky, I have this morning attempted mediation. Claimant Lowlife Portfolio won't speak to me because it's with Lowlife solicitors, Lowlife solicitors won't mediate at all. Next to to draft a defence, do I include this and their intransigence in that defence?
  16. Not yet. Shall I do now or wait until nearer the deadline? Sorry for the faux pas.
  17. 10th August 2017 Dear Sir, Re: Lowell Portfolio Ltd v Miss Annette Barnes Case No:D CPR 31.14 Request [removed - what does it say on the top line in red - dx]. OK Lowlifes, lets do this!. Is this ok for my CPR request??
  18. Name of the Claimant ? Lowell Portfolio Ltd. Date of issue – 04 Aug 2017 Date to acknowledge - 22nd Aug Date to submit defence = 5th Sept What is the claim for – 1. Defendant entered into a cca 1974 regulated agreement with Provident Personal Credit under the a/c ref no ******** (the agreement) 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 29/8/2014 and notice given to the defendant. 4. Despite repeated requests for payment, the sum of £465 remains due and outstanding. 5.And the claimant claims a) The said sum of £465 b.) Interest pursuant to s69 county courts act 1984 at the rate of 8% pa from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.20. c.) Costs. What is the value of the claim? £632.20 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Doorstep loan When did you enter into the original agreement before or after 2007? 2010 - but unsure if this was a rollover loan 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't recall Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Agent stopped calling. Advised provident by phone. Stated new one would call. Never did. Then forgot about it. What was the date of your last payment? 26/07/11 Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. What you need to do now. Answer the questions above If you have not already done so – send a CCA Request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) Done. Copy of agreement with no T&Cs supplied Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts
  19. So its here. Claim form on the mat today. Read loads of these things on here but a bit not knowing what I do now? Cheers.
  20. How many chances did you give them to put it right before you rejected? Look at Clegg vs Olle Anderson.
  21. My father had a saying - "Icily polite". Thats the way to play it.
  22. Only loan. So just ignore and wait for their next move?
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