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ThornF

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About ThornF

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  1. I will do both the tool bar and donation, Thanks for all your help and support dx
  2. Thanks very much everyone, Got back from court was very quick, i was very nervous expected it to be alot worse. I pointed out about the default notice and terms and conditions, the Judge asked if the in the terms and conditions does it say they have to serve a default notice, to which i said well thats just it there is no terms and conditions as they have failed to provide them. The judge dismissed the case mainly based on there being no default notice. Very happy that its all over with Cant thank you all enough
  3. Court in the morning thanks for all your replys i probably would of given up without your help, hope the case goes my way, i will update tomorrow
  4. Hi, The court date is fast approaching next week, Slightly nervous i must say as i have never been to court and do not know what to expect. I am assuming I'll be given a chance to speak? What points should i focus on and hows best to approach them? These are the points so far is there anything else i am missing. No default notice No t&c's on credit agreement The credit agreement is undated Am i allowed to write some notes and take them into court? Sorry for all the questions any advice would be greatly appreciated. Thanks
  5. I didnt request the default notice in the cpr unfortunately i think i was under the impression you could just request what was in the particulars of the claim, will that affect me now as i still mentioned it in my defence?
  6. No t&c's have been sent to me there supposed to be on the back of the cca but there not. I will check my paperwork to see if i asked for the default notice
  7. 1.I received the claim xxxxx from the Northampton County Court on 27/07/2017 2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3.This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974. 4.It is denied that the Defendant has previously entered into an agreement with Morses Club Limited for provision of credit. 5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 6.The Claimants statement of case states that the account was assigned from Morses Club Limited to Merligen Investments on 17/03/2014. The Defendant does not recall receiving notice of this assignment. 7.It is denied that Morses Club Limited 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. 8.On the 03/08/2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Moriarty Law. I requested the Claimant provide copies of the Agreement and Notice of Assignment. 9.Moriarty Law has not sent any of these documents to me. 10.On the 03/08/2017 I sent a formal request for a copy of the original agreement to Merligen Investments Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 11.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement. 12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however they have failed to respond to the invitation. 13.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. 14.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 15.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 16.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.
  8. Yes i rang the court in the hope that they didn't pay the fee but yes they paid. If they was to win and i got a ccj will it be alot more then they have claimed with the costs?
  9. never been to court before, i have no idea what i am relying on Here is the letter i received from the court. Thanks court directions.pdf
  10. yes going from the documents sent i think this was the 6th loan from morses, i also had other agreements with other company's at the time including payday loans just trying to upload docs now Thanks for your help i appreciate it
  11. Ill upload all docs now, here is my witness statement which is probably not that great I MR xxxxx OF xxxxx being the Defendant in this case will state as follows 1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. 2. On the 03/08/2017 I made a written request to the claimants solicitors, Moriarty Law of 15 Old Bailey, EC4M 7EF, requesting that the claimant provides all documents in the statement of case [EXIBIT A] 3. On the 03/08/2017 i sent a formal request to Merligen Investments Limited of 7/10 Chandos street, Cavendish square, London, W1G 9DQ, requesting a copy of the orignal credit agreement. [EXIBIT B] 4. On the 07/08/2017 The claimants solictors replied to my request[EXIBIT C] without the requested documents. 5. I have not received any of the documents mentioned in the claim form. 6. The Claimant has mentioned the credit agreement and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents. Statement of truth I Mr , believe the facts stated within this witness statement to be true. Signed . . . . . . . . . . . . . . . . Date: 16/01/2018
  12. Hello thanks for both your reply's Last payment made according to statement of account - 14/03/2013 I have never made any written contact acknowledging the debt. Claim was issued 26/07/17 Thanks
  13. Hello everybody first post on the forum I would like to know if its now time to give up and accept the CCJ Looking for some advice on how to proceed with a county court claim that has been issued against me. The case is now in the final stages with witness statements already been exchanged and the court date set for the 8th February. here is what has happened so far - Claimant - Merligen investments limited Claimant solicitors - Moriarty Law Amount claim - £281.28 Original creditor - Morse's club loans Issue Date: 26/07/2017 Particulars of Claim: 1.The claimants claim is for the balance due under an agreement (debt) with Morses club limited dated 02/06/2011 under which the defendant agreed to repay monthly installments but has failed to do so and which debt was assigned to the claimant on the 17/03/2014 and notice of which was given to the defendant on 17/03/2014 and which debt is now due and payable. 2.and the claimant claims the sum of £191.00. The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.28 _____________ CCA and CPR 31.14 requests sent 03/08/2017 _____________ letter received from Moriarty law acknowledging the requests but no documents - 08/08/17 ______________ 28/08/17 Defence filed with the court. ______________ 15/09/17 acknowledge of defence - Claimant proceeding with the claim ______________ 28/09/17 Directions questionnaire sent to court and claimants solicitors, agreed to mediation _______________ 08/08/17 - Call from mediation told was unsuitable since i have received no documents _______________ 08/11/17 - Date set for the 8th February, witness statements to be sent to the court and claimants solicitors no later then 21 days before the hearing. _______________ 16/01/18 - Sent my witness statement all be it very basic with the letters i have sent and stating i have not received any documents. _______________ 18/01/18 - Received the witness statement from claimants solicitors Contained the following documents - CCA which is signed but with no date (Not sure if the undated cca makes any difference) Statement of account Notice of assignment 3 letters they have sent to me in 2014, 2016, 2017 _______________ Please go easy on me this is the first CCJ i have ever tried to defend, not sure if i have missed anything out. I know the claim is not for an awful lot of money but even that amount i will struggle to find. Any help would be greatly appreciated, thanks for reading
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