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timbof

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About timbof

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  1. Hi Andy, this is current situation... no judgement has not been entered and i have received confirmation dated the 5th from court today that both defences have been received and that the claimant now has 28 days to reply or it will be 'stayed' -what will that mean for me 'stayed? thank you
  2. oh, i did put in the email that it was for us both, would that be ok? or shall i do another email? or two more separate emails?
  3. Im assuming doing it by email will be acceptable...? thanks again
  4. Hi Andy, I have called and no judgment has not been entered, so i have sent the defence by email, as I'm still having issues with the MCOL claim password i have.
  5. will do, can I call to do that? or will it need to be email? thanks Tim
  6. many thanks Andy, I am trying to log onto MCOL but it keeps saying that the Defence pack password is invalid. I have the courts email address so I will email them now thanks Tim
  7. Hi, sorry i have not done this sooner, I was in hospital up until i was released late ysterday afternoon I have completed as i think correct, what do you think? thanks Particulars of claim 1.by agreement entered into between the claimant and the defendant. 2.the defendant has failed to pay the sum of 2679.14. 3.the claimant has requested payment but the defendant has failed to pay the full sum demanded. The claimant claims the sum of 2679.14 and interest under s69 of the county court act 1984 at a rate of 8% per annum from 24.1.18 until judgment or sooner payment. Costs. 4.The claim does not include issues under the human rights act 1998. the claimant complied with sections iii and iv of practice direction pre action conduct of the civil procedure rules Defence 1. The Defendants 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. 2.The Defendants deny with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. The Claimant has failed to confirm that the alleged debt has been assigned or when it was assigned therefore whether they are legally allowed to make this claim and act as Claimants. 4.On receipt of this claim we requested information pertaining to this claim by way of a CPR 31.14. To date we have yet to receive a compliant response. This was posted on the 12.02.18 to date we have had no response or acknowledgment. 5.On receipt of this claim we requested information pertaining to this claim by way of a Section 78 request. To date we have yet to receive a response complying with the request and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendants has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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. 8. 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.
  8. i have had a go, but i am really uncertain, i just dont understand a lot of it its well above my head, sorry... POC 1.by agreement entered into between the claimant and the defendant. the defendant has failed to pay the sum of 2679.14. the claimant has requested payment but the defendant has failed to pay the full sum demanded. 2.the claimant claims the sum of 2679.14 and interest under s69 of the county court act 1984 at a rate of 8% per annum from 24.1.18 until judgemnet or sooner payment. costs. the claim does not include issues under the human rights act 1998. the claimant complied with sections iii and iv of practice direction pre action conduct of the civil procedure rules defence 1. 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. 2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. On receipt of this claim we requested information pertaining to this claim by way of a CPR 31.14. To date we have yet to receive a compliant response. This was posted on the 12.02.18 to date we have had no response or acknowledgment. On receipt of this claim we requested information pertaining to this claim by way of a CPR 18 To date we have yet to receive a compliant response. This was posted on the 12.02.18 to date we have had no response. On receipt of this claim we requested information pertaining to this claim by way of a Section 78 request. To date we have yet to receive a response complying with the request. To date they have failed to comply and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendants has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as 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 crediticon con Act 1974. 6. 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.
  9. hi, are you still willing tomguide me on this? (btw i have just finished work so could not ask sooner) thanks
  10. attached to the letter there is a stament of the £10 monthly payments that we made, it has an 'original account number' on that of [removed to keep thisconfidential-HB13] thanks
  11. sorry i have started a new job which involves a lot of travel
  12. we have also just found a 'letter of claim' which is dated 12 december 17, the claim form is dated 25 jan 18. the letter of claim states it is based on the agreemnet dated 21 december 2007 which corresponds with the date on the land registry search we did too. the letter refers to an assigmnet date of 16/07/13 and the 'client' as Me IiiLtd (marlin europe ii LTd- part of the cabot credit management group)- formerly black horse ltd. it also lists some payments we made of 10 pound per month from 19/09/13 to 28/04/16 being the last one which were made via a company called Mortimer Clarke. is this information useful?? thanks
  13. i checked the amount with what is on the land registry site and the date when they say the debt was assigned to MEIii Ltd which is 16/07/2013 so it can only be the secured one. thanks
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