Jump to content

captainfalcon

Registered Users

Change your profile picture
  • Content Count

    19
  • Joined

  • Last visited

Community Reputation

1 Neutral

About captainfalcon

  • Rank
    Basic Account Holder
  1. Just checked online and it said general sanctions order initiated on 10/09/17. I am going to get it sorted today and sent out tomorrow. Will be on later to see if what I found out changes what I should do.
  2. It had to be submitted by August 21st. I checked online and the claimant submitted theirs on the 26th August
  3. Well it looks like I am well up the creek then. My fault entirely, is it worth me sending it off now?
  4. Yes sorry, that is the letter I am talking about.
  5. I have been away but have received a letter with a mediation option I take it I am ignoring this so they can answer to my defence?
  6. Very £1000 - Now with Lowell. Lending Stream £450 (Received start of CCJ proceedings this morning) Wonga £600 - Now with BPO. Quickquid £400 - Cannot find any information on this. Capital One £1000#' - Lowell Aqua £2000 - Lowell Vanquis £1000 - Can't find any info Credit Union £1000 - Talking with them directly. I am still looking for information on the other two and will update it when i find out.
  7. Thank you, I will send it after dinner and I have made a small donation to the site. I appreciate the help.
  8. I have tried to address all the amendments here, let me know how it looks please. Particulars of claim for reference 1.Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream. 2.The defendant failed to abide by the terms of the contract. 3.Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently set a notice of assignment to the defendant to advise. 4.The defendant has failed to respond from the Claimant thus denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion. 5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 06/04/2017 to 29/06/2017 on £452 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10 Defence The Claimant’s statement of case fails to give adequate information to enable myself to properly assess my position with regards the claim. 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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £460.00. 2. Paragraph 2 is denied that the defendant failed to abide by the terms of contract. 3. Paragraph 3 is denied that the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925. 4. Paragraph 4 is denied the Claimant has not made any contact or followed any Pre-Action Protocol in an attempt to resolve this matter and is put to strict proof thereof. On the 13th July 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand. The claimant has failed to comply. 5.On the 13th July 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the consumer credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with s78(1) of the Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement. 6.. The claim is not accepted with regards to the Defendant owing monies stated 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; © show how any breach occurred and a valid Default Notice was issued, (d) show how it has legal assignment of any alleged debt. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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.
  9. Thank you, I will work on those amendments! You are a godsend, I will be doing my bit tonight once I have this sent out
  10. Would this be a better defence? 1: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 2: This appears to be for a pay day loan agreement regulated under the consumer crediticon Act 1974. The Claimant states the claim relates to a loan account with **but without further details the Defendant is unable to identify such an account. The particulars of claim fail to state when the agreement was entered into. 3.It is denied that the Defendant failed to respond to the Claimant because the Defendant did not receive any correspondence from the Claimant. Thus the Claimant has denied the Defendant any opportunity to resolve this matter prior to court action. 4: The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim. 5. The Claimants statement of case states that the account was assigned from the Original Creditor to the Claimant. The Defendant does not recall receiving notice of this assignment. The Defendant believes that the Claimant needs to prove that they own this alleged debt via a deed and not just a Notice of assignment and they need to be put to strict proof that they have such. 6. It is denied that the Original Creditor served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 7: On the 13th July 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand. 8. The claimant has not sent any of these documents to the Defendant. 9. On the 13th July 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. 10. The Claimant has failed to comply with s78 (1) of the Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 12. The Defendant requests that the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case else the Claim should stand struck out. 13. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendmenticon. 14. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true.
  11. Is this an ample defence? I am flying a bit blind here so if I am way off the mark any help would be great. Particulars of claim for reference 1.Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream. 2.The defendant failed to abide by the terms of the contract. 3.Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently set a notice of assignment to the defendant to advise. 4.The defendant has failed to respond from the Claimant thus denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion. 5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 06/04/2017 to 29/06/2017 on £452 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10 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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £460.00. 2. Paragraph 2 is denied.It is denied the defendant failed to abide by the terms of contract. 3. Paragraph 3 is denied .It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925. 4. Paragraph 4 is denied the Claimant has not made any contact or followed any Pre-Action Protocol in an attempt to resolve this matter and is put to strict proof thereof. 5. The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim. 6. On the 13th July 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand ...and ? 7. The claim is disputed with regards to the Defendant owing monies stated 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; © show how any breach occurred and a valid Default Notice was issued, (d) show how it has legal assignment of any alleged debt. 8. On the 13th July 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the consumer credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with s78(1) of the Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement. 9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 10. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment. 11. It is denied that the Claimant is entitled to the relief as claimed or at all.
  12. I sent the CCA and the CPR but have not had a reponse at all, from what I am reading that isn't a bad thing. I have taken a look at a few defences and will post one up for a bit of insight, I know I left it late but I am going to put in as much time as I need today to get finished.
  13. I have had the wind knocked out of me and just now feeling well enough to get up and about. I don't have a lot of time left so I hope I can get some assistance throughout today
  14. I have managed to get the ball rolling in terms of the court claim, where would be the best place to start on my other debts?
  15. I had taken a look last night especially one of the most recent threads concerning Asset Collections. I want to put up a defence but to be perfectly honest I don't really know how to draft one or where to start. Would I be able to use one in another thread as a basis to start from and work from there?
×
×
  • Create New...