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lee19921992

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  1. evening, received a reply from my request today from lantern, same copy of agreement and statement of account as prev.. looks like they have the notice of assignment and default... 12.10.2021.pdf
  2. Thanks. so i clearly understand, they have complied with s78 in providing a reconstituted copy of the agreement...however they will need to show the true copy of the agreement in court and The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations the true copy must also have my signature also. I'm trying my hardest to get my head around this so thanks for your patience.
  3. right, the true agreement should say, amount borrowed, , schedule of repayments and if so how much.....which is not in the agreement uploaded prev.. ?
  4. Andy is that a good thing? If it went all the way would the copy they provided satisfy a judge? DX, I don't know if it's my pdf but I have downloaded the above again and its all blank?
  5. Thanks, the agreement doesn't state anything other than my name and address and a date of Sig.. it doesn't detail of the amount of credit provided nor how many repayments to pay ect.. I could download a copy of the exact and edit the details over or am I over thinking?
  6. Particulars of claim for reference only. 1.THE DEFENDANT OWES THE CLAIMANT £264.00 UNDER A REGULATED LOAN AGREEMENT WITH INDIGO MICHEAL LTD ALSO KNOWN AS INDIGO MICHEAL LTD T/AS SAFETYNET DATED 14/01/2016 2.AND WHICH WAS ASSIGNED TO THE CLAIMANT ON 26/09/2020 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON 26/09/2020 (DEBT). 3.DESPITE FORMAL DEMAND FOR PAYMENT FOR THE DEBT THE DEFENDANT HAS FAILED TO PAY 4.AND THE CLAIMANT CLAIMS £264.00 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £21.12 What is the total value of the claim? £370.12 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. The claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It Is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1. The claimant claims £264.00 is owed under a regulated loan agreement with Indigo Michael ltd t/as Safetynet. I did not recall the precise details or agreement has the claimant has failed to state any agreement/account reference number within its particulars of claim. 3.I previously made on date xxxxxxxxx a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant have provided only a reconstituted copy of only the terms and conditions and has failed to properly comply. 4. The claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or notice of assignment allegedly served on 26th September 2020 from the claimant. 5.. It is therefore denied with regards to the defendant owing any monies 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 and evidence any cause of action and service of a default notice (c ) show how the defendant has reached the amount claimed for; and (d) show how the claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested, by way of a CPR 31.14 request for copies of the documents referred to within the claimant's particulars in order to establish what the claim is for. To date the claimant solicitors, Moriarty law, have failed to fully comply with this request 7. As per rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed. 8. 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 82 a of the consumer credit act 1974. 9. 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.
  7. im thinking of adding this extra underneath point 1, wdya think? I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974, the claimant have provided only a reconstituted copy of only the terms and conditions.
  8. i think this is ok, any advice Particulars of claim for reference only. 1.THE DEFENDANT OWES THE CLAIMANT £264.00 UNDER A REGULATED LOAN AGREEMENT WITH INDIGO MICHEAL LTD ALSO KNOWN AS INDIGO MICHEAL LTD T/AS SAFETYNET DATED 14/01/2016 2.AND WHICH WAS ASSIGNED TO THE CLAIMANT ON 26/09/2020 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON 26/09/2020 (DEBT). 3.DESPITE FORMAL DEMAND FOR PAYMENT FOR THE DEBT THE DEFENDANT HAS FAILED TO PAY 4.AND THE CLAIMANT CLAIMS £264.00 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8.00% PER ANNUM AMOUNTING TO £21.12 What is the total value of the claim? £370.12 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. The claimant has not complied with paragraph 3 of the PAPDC (pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It Is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1. The claimant claims £264.00 is owed under a regulated loan agreement with Indigo Michael ltd t/as Safetynet. I did not recall the precise details or agreement has the claimant has failed to state any agreement/account reference number within its particulars of claim. 2. The claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or notice of assignment allegedly served on 26th September 2020 from the claimant. 3.. It is therefore denied with regards to the defendant owing any monies 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 and evidence any cause of action and service of a default notice (c ) show how the defendant has reached the amount claimed for; and (d) show how the claimant has the legal right, either under statute or equity to issue a claim; 4. On receipt of this claim i requested, by way of a CPR 31.14 request for copies of the documents referred to within the claimant's particulars in order to establish what the claim is for. To date the claimant solicitors, Moriarty law, have failed to fully comply with this request 5. As per rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed. 6 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 82 a of the consumer credit act 1974. 7. 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. just putting something together, im stuck on how to respond to paragraph 3 of claimant's POC, any ideas cheers
  10. CPR sent yesterday with proof of posting to claimant and sols. i have attached all correspondence in order that i have received from moriarty law. number 3, is that the letter of claim? if not then they haven't complied with PPA combined.pdf
  11. aw they got scared and hid back under there rock thanks again guys, glad you helped canx.pdf
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