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hadagutsfull

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About hadagutsfull

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  1. Should I still number the paragraphs? I'm having to file early as I am in hospital tomorrow and cannot be certain that I will be in a state to deal with anything for a few days.
  2. Looks like it's submit as is then. I guess I need to head up the defence with the particulars of the claim in order for the the numbering of the paragraphs in the defence to make sense. Is this standard practise?
  3. I have tried to match the particulars of claim. Can one of you experienced cadgers please give it the once over before I submit? Particulars of Claim 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC Bank dated on or about [redacted] 2. And assigned to the Claimant on [redacted] 2011. Particulars a/c [redacted] DATE - [redacted] 2017 ITEM - Default Balance VALUE - £[redacted] Post Refrl Cr - NIL TOTAL - £[redacted] Defence 1. Paragraph 1, I accept that I have held a c
  4. Andy. l can see from the other posts in the forum that you are extremely busy however I wondered if you had had anymore thoughts on how my defence could be "sharpened". The reason I ask is that I was informed by post this morning that I am to undergo a medical procedure on Monday which is likely to take me out of the picture for several days meaning that I need to get my defence in by Sunday night to be sure of meeting my defence deadline. I'm sure I must have shot a albatross in an earlier life and sorry to be a PITA but would appreciate your assistance if you can find
  5. I found another of Andy's creations and thought it would better serve my purposes. It is from a much older thread and I don't know if the legal stuff still applies perhaps someone would be so kind as to double check it for me. I would use the more recent one but I am not able to sift out what applies to the loan and what applies to the overdraft (but I guess it was written with that very purpose in mind). Any suggestions as to anything I should add or omit gratefully received. Particulars of Claim 1. The Claimant claims payment of the overdue balance due from the Defend
  6. I would appreciate advice on how to submit a defence based on the fact that I am unable to defend myself aqainst the claim as the claimant has not provided me with the information requested in the CPR 31.14 while also stating that I beleve the caim to be statute barred. I have telephoned HSBC who are unable or unwilling to help and also submitted a SAR but the feedback that I am getting is this is unlikey to be forthcoming before I need to submit my defence. I believe that caggers call it an embarrassed defence and don't have alot of time for them but I cannot think of any
  7. Earlier in the thread you said that the debt would be statute barred because I had only ever paid HSBC and not Arrow is that no longer your opinion? Is it not the case that if you received money for a debt that you no longer owned because you have sold it you should return the money to the sender. Am I to understand that a debt purchaser could pay somebody to pay something towards the debt they owned and that way the debt would never become statute barred? I have absolutely no idea whether the payments I have made after the date of the assignment and sent to the original cre
  8. Now the attached from Restons in reply to my recent CPR 31.14 request. I'm not sure what to do next and would be grateful for any advice forum members are able to offer. I feel I should go down the statute barred route but think I would need to confirm the following if it's to succeed. 1. The fact that new creditor have been able to make a claim means that the debt has been sold and legally assigned to them. 2. The original creditor has no ownership and retains no interest in the debt once it is assigned. 3. Payments paid to the original creditor after the date of as
  9. God this site really opens your eyes. Surely these dca's are acting maliciously and please don't tell me it's not illegal. You can get banged up for calling someone a fat tart on social media and yet this filth can wreck somebody's life because they feel miffed. Why hasn't somebody raised an online petition to get the government to take a look at this if it's a known practise? I'm in the late autumn of my life so it doesn't affect me. But when I think of some of the things I have put myself through for this country and then find out was to keep firms like this safe it make
  10. Which is exactly what I've done. But thought I had better run it past you in case I hadn't understood something.
  11. Damn. Have I dropped a booby? I'm new to all this and didn't question using CPR 31.14 because I don't know enough about it, however I was talking to a friend today about my problem and later he telephoned me and said he had done some research online and thought I should have used CPR18. Is he right? I don't have clue. If it is the case how do I overcome it now that I have sent the 31.14?
  12. Sorry to be a PITA but I don't have the foggiest when it comes to legal stuff. I think the following covers everything I should be asking for in the CPR31.14 but would appreciate a second opinion. 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporat
  13. I have never paid anyone other than HSBC or as I have now found out probably their in house collection arm MCS. Interestingly I understand the OFT stepped in and told them to clean their act up and stop pretending that MCS were a seperate company. If what you are saying is true then it would definitely be SB because I have never had any dealings whatsoever with Arrow. But I cannot be absolutely sure that I didn't pay HSBC or MCS after the date of 13 may 2011.
  14. I tried ringing HSBC and was just given the run around. They are unhelpful people and then there are HSBC. I need to submit in writing to the people who were excepting the payments ( who I cannot remember ) They are unable to provide me with any information about the account (not even the debt collector) unless I first go to a HSBC with my passport or Driving License and they can establish my identity. The branch I go to with my identity will not be able to provide me with the information I require, but will pass my request to them and then they will write to me and
  15. Name of the Claimant ? Arrow Global Limited Date of issue: 15 SEP 2017. Time line: Date of issue - 15 September 2017 - Acknowledgement - 3 October 2017 - Defence - 17 October 2017. What is the claim for – 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and HSBC dated on or about April 15 1988 and assigned to the Claimant on May 13 2011 2.Particulars ac no - xxxx/xxxxxxxx DATE ITEM VALUE 04/08/2017 Default Balance 499
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