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prince percy

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About prince percy

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  1. I'm not sure if the debt has been sold onto a DCA it showing as owed to Indigo Michael on my credit report and i don;t remember any letters from DCA. Would they start the court action without selling the debt?
  2. Hello, I need some advice on a old payday loan, i have done a quick search but couldn't find anything on the site that relates my situation. please point me in the right direction if this is covered elsewhere. Long story short a couple of years ago we were in real difficulty with money and fell into the trap of payday loans. Ended up with Safety Net in the end as it was easier to borrow smaller amounts but it snowballed to £1108.50. I then decided that i needed to get my finances back in order, stopped paying them and have ignored them since. I now have a letter form a solicitor with a pre-action protocol asking for payments ect and i'm not sure how to proceed? I made a complaint to Safety Net in November last year about irresponsible lending but i never heard anything back and then kind of forgot about following it up. I have re-sent them the complaint email today and also made a subject access request to get the credit agreement and any of the application details they hold on me. am i right that they can't proceed with court with the complaint open? do i need to start communicating with the solicitor and tell them this? Many thanks
  3. I was planning on sending income expenditure with a reasonable offer. Planning on doing this soon as i think Restons will apply for an attachment of earnings.
  4. Logged on this morning and it was all working fine. Thanks again. I will keep you updated on what happens. I've read a few threads so know what to expect next.
  5. Thank you! i've read so much on this i found myself going round in circles. Have logged on to MCOL and when i put the claim number and password in it comes up as unrecognised? will try again in the morning but if that fails will phone the court, Thanks again for your help. Will update on things as they progress
  6. I'm hoping this is ok? really starting to struggle with it all now and need to get it submitted. The claimant claims payment of the overdue balance due from defendant under a contract between the defendant and MBNA. Dated on or about Feb 2007 and assigned to the claimant on 20 dec 2011 Particulars ac/no …….. 19/07/18 Default balance 5151.05 19/09/18 Post Refrl CR -20 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. Paragraph 1 is noted in that I have in the past had financial dealings with MBNA, however I do not recall the exact details as it is over 13 years ago. I have requested via a CPR 31:14 to the claimant solicitors they verify the exact details of this claim and via a Section 77 CCA request to The claimant the same. Neither have responded with any paperwork to date. The Claimant responded refusing my CCA request, stating they are not obligated to do so by virtue of the consumer credit Act 1974, referred me to their Solicitors, who in turn have replied with a std letter stating I should have retained all my documentation from 13yrs ago and anyway their Particulars of claim hold enough information about the debt already. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. On the 5th November 2018 I requested documents relied on by way of a CPR 31:14 request to the Claimant solicitors Restons. So far Restons have failed to send any. On 5th November 2018 the Defendant sent the claimant a Section 77 CCA request for a Copy of the Consumer Credit Agreement to date they have failed to comply. no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 77 request and therefore are in default of this request and as such unable to enforce this agreement or request any relief until compliance. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence the nature of breach and service of a Default Notice; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed. dx100uk thank you so much for your input over the last couple of days.
  7. I think this is it: 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. .Paragraph 1 is accepted. in that I have, in the past, entered into an agreement with and had financial dealings with MBNA, however I do not recall the exact details, as it is over 13 years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. On the 5th November 2018 I made a legal request by way of a section of a CPR 31:14 request to the Claimant solicitors Restons. Restons has failed to comply to this date and have advised the defendant that he they have filled the claim in accordance with Paragraph 5.2a of Practice direction7E specifically states “The requirement in paragraph 7.3 of thepractice direction 16 for documents to be attached to theparticular of claims stated using the an online claim for, unlessparticulars of claim are served separately in accordance withparagraph 5.2 of the practise direction. no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request and therefore is in default of this request and as such unable to enforce this agreement or request any relief until compliance. On 5th November 2018 the Defendant made a subject access request to Arrow Global ltd for a Copy of the Consumer Credit Agreement but I failed to provide this stating that it had been outsourced to Restons Solicitors. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence the nature of breach and service of a Default Notice; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed.
  8. I think i have the right sort of defence now. Sorry if i'm being a bit stupid but i have read so much on this in the last months that i don't think my brain has fully processed every thing yet. .The claimant claims payment of the overdue balance due from defendant under a contract between the defendant and MBNA. Dated on or about Feb 2007 and assigned to the claimant on 20 dec 2011 Particulars ac/no …….. 19/07/18 Default balance 5151.05 19/09/18 Post Refrl CR -20 TheDefendant contends that the particulars of claim are vague andgeneric in nature. The Defendant accordingly sets out its case belowand relies on CPR r 16.5 (3) in relation to any particular allegationto which a specific response has not been made. Paragraph1 is accepted. in that I have, in the past, entered into an agreementwith MBNA, however I do not recall the exact details, as it is over13 years ago, I have requested the claimant verify the exact detailsof this claim by way of a CPR 31.14. The claimant has refused toprovide me with a copy of the agreement, stating they are notobligated to do so by virtue of the consumercredit Act1974. I am unaware of any legal assignment or Notice of Assignmentallegedly served pursuant to the Law of Property Act and Section 82Aof the consumer credit Act 1974. The Claimant has yet to provide acopy of the Notice of Assignment its claim relies upon. Onthe 5th November 2018 I made a legal request by way of a section of a CPR31:14 requestto the Claimant. The Claimant has failed to comply to this date, nostatement of the alleged account has been received. The claimant hasfailed to provide any evidence of agreement/contract/breach asrequested by CPR 31.14 and a Section 78 request and therefore is indefault of this request and as such unable to enforce this agreementor request any relief until compliance. Thereforethe Claimant is put to strict proof to: (a)show how the Defendant has entered into an agreement/contract;and (b)show how the Defendant has reached the amount claimed for; and ©show and evidence the nature of breach and service of a DefaultNotice; (d)show how the Claimant has the legal right, either under statute orequity to issue a claim. Asper CivilProcedure Rule16.5(4), it is expected that the Claimant prove the allegation thatthe money is owed. Asthe Claimant is an assignee of a debt, it is denied that the Claimanthas the right to lay a claim due to contraventions of Section 136 ofthe Law of Property Act and Section 82A of the consumer credit Act1974. Byreason of the facts and matters set out above, it is denied that theClaimant is entitled to the money claimed.
  9. Thank you for help on this. I have just been trying to log on to file the defence and it is saying the claim number is invalid and i can't get any further. Is this because i've missed the deadline? I filled a acknowledgement and registered on PCOL. I'm guessing i may need to phone the court fist thing on Monday morning to try and submit my defence?
  10. I think this is my defence: I, ********** of ************** make this statement as my defence to the claim brought by Restons The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim the defendant is unable to plead effectively or at all. The defendant is embarrassed. It seems a bit brief but i don't if there is anything else i need to say?
  11. thanks for getting back to me. just writing my defence now but fitting it in around kids I thought i had 33 days to file defence? is that right? date on court paper work is 30/10 does that mean defence should be filed tomorrow? Hoping to get this done tonight!
  12. Good morning, Sorry for not responding to all your helpful replies. For some reason i didn't get any email notifications of the responses. so did't know there had been a reply. The bailiff is a county court bailiff, he spoke to my wife when he called and was actually quite helpful. They haven't been inside the house but we do have a couple of cars which i am worried they may take although they are only worth about £500 each. We also actually have nothing of value in our house anyway. TV is over 10 years old and all our furniture is second hand. We aren't what i would call poor but with a high rent on our home and 3 kids we don;t have much spare once we have paid for everything. Having read some other posts i don;t think i would have a defence to set aside the order because when the claim came in i filled in the income and expenditure and returned the forms without a defence. I didn't really know what i was doing. I think i will try and suspend the warrant for now. The bailff hasn't been back since but my wife is worried that he will come back and take stuff.
  13. Good morning, Sorry the last post was a bit garbled, I was trying to write and put the kids to bed! Anyway my defence isdue in by Monday and so far I have the following. Requested CCA fromArrow and was told to ask Restons as it had been outsourced to them. I did a CPR request toReston and have the following reply: We would like to point out that the Claim was issued via the CC Claim Business Centrewhich is specifically provided for in CPR. The procedure only allowsthe claimant to inset brief details of the claim and does not allowfor attachment of any enclosure. Paragraph 5.2a of Practice direction7E specifically states “The requirement in paragraph 7.3 of thepractice direction 16 for documents to be attached to theparticular of claims stated using the an online claim form, unlessparticulars of claim are served separately in accordance withparagraph 5.2 of the practise direction. We would also remainyou the CPR31.14 states: “a party mayinspect documents mention in a. a statement case b. a witnessstatement c a witnesssummary an affidavit You would have beenprovided with a contract/terms and conditions at the time the accountwas opened and hence we see no reason why you require an additional copy. Although your emailstates that you require documents in order to file a defence we wouldlike to point out that the particulars of claim contains sufficientinformation in order for you to understand what the claim relates tonamely: the date the account was opened the account number the outstanding balance the name of the original creditor the fact that the account has been assigned to the claimant when it was assigned Furthermore,throughout the lifetime of the of the account, you will have receivedstatutory notices and collection style letters relating to theaccount and such we do not believe that you carry any sensible basisfor you to alleged that you do not understand the claim issuedagainst you. Iam guessing this letter is a bit of a scare tactic by them? So I now need to write the defence. Does this need to have any specificwords or phrases or can I just state that I can't defend the claimdue to lack of information on the POC and having requested thisinformation it has not been provided? Anyhelp on this last stage would be greatly appreciated.
  14. I requested CCA from Arrow and was told the case was outsoursed to Restons. I requested info from Restons today telling me i they had followed procedure and has stated that there was enough in the particulars of claim for my defence. it said they didn't have to provide me with anything and quoted some rules. I am guessing this is just scare tactics? I'm completing the defence tonight so i guess i just state that they haven't provided me wiht enough information and do an embarrased defence?
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