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Welly26

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  1. Had an update in the post today from IDEM: They have sent a notice of discontinuation to the court because they have not been able to provide a copy of credit agreement, They reserve the right to have another crack if they ever find a original credit agreement. Thank for all you help on this.
  2. Perfect thanks for the reply and apologies for the marker Pen, I thought I had covered it off. So to clarify, I just ignore this letter and no response is necessary?
  3. Now getting visits from Resolve call leaving personally delivered letters
  4. I’m not happy about them credit checking me, I didn’t think that would be allowed.
  5. Not sure that’s a good thing or not. I have also notice Westcot have been doing credit checks on me, not sure if it’s linked or not.
  6. Evening, I have today received a letter form the court, It says, Before deputy district judge xxxxx sitting at the county court at (address) UPON reading a letter dated 13 October 2020 from the claimant IT IS ORDERED THAT 1. the claim is stayed until 4pm on the 20 November 2020 2. in the event that the claim has not been settled during the period of the stay, the claimant shall by 4pm on the 18 December 2020, send to the defendant and the court its reply to defence 3. Refer back as deskwork upon receipt of reply or expiry of 18 December 2020 Dated 26 October 2020 Only arrived today and stamped 6th November Any help with explaining what this means? should i not have a copy of the letter sent on the 13th October?
  7. Hello i have just logged on to the MCOL online portal to check if any updates and its says DQ sent to you on 28/09/2020 will this be sent by post and will there be anything I need to do? Will this be sent in the post? i cant see anything online.
  8. I never expected to see an option of a counterclaim so pressed no and that looks correct. Thank you for all your help so far. what now, do I just wait for the court to contact me?
  9. Thank you, I never noticed you had edited to such an extent.. I really appreciate your help. I am assuming I don't wish to make a counter claim?
  10. Try again: thanks for bearing with me I have copied the text in post 21 and added in the line missed: Does this now look ready to submit? The Defendant contends that the particulars of claim vague and are 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. 1. 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 2. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request. In response the claimant has disclosed they do not have an agreement between HSBC and Myself And in response to my section 78 request for the HSBC agreement - was not supplied 3. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment. 4. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit 5.Paragraph 5 is noted but I refer you to my point 2 that i am unaware of the alleged debt they are referring to 6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the nature of any breach and Default Notice; © 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; 7. As per Civil Procedure 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 82A 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.
  11. Hello DX100 uk, Apologies, I thought I needed to edit the above to suit my case.. My bad. there is not a 16 digit number in the claim, its exactly has written.
  12. Hello, what do think of this? i have taken most of it on the above mentioned posts, i need to submit today really because I don't think I will gain access to a computer tomorrow 1) An agreement between HSBC and Defendant/s (D) subject to standard terms and conditions 2) Claimant (C) purchased the debt 13/10/2016 3) it was a term of the agreement that is any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable less (on Payment) any rebate that D maybe entitled 4) D Failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay sums due, which consequently became immediately due and payable, Formal demand issued dated 10/08/2020 5) D has failed to pay outstanding balance of £4277.61 ************************* FINAL Defence ********************************************* 1. The Defendant contends that the particulars of claim vague and are 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 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. 3. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim, or even referring to an account number. I have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request. In response the claimant has confirmed they do not have an agreement between HSBC and Myself And in response to my section 78 request for the HSBC agreement - was not supplied and therefore remain in default and prevented from enforcing the alleged agreement. 4. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment. 5. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit 6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of any breach and 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; 7. As per Civil Procedure 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 82A 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.
  13. Hello Thank you DX, that's the one I used mainly and posted what I think it should look like. How does that read or is it complete rubbish and I need to try again? I know I have to submit ASAP now so getting anxious
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