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Tidot

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About Tidot

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  1. Thanks dx. I've been reading up and realise that I have to wait for their next move. But I haven't received anything in the post from the Court. I've check MCOL again. My defence was received on 03/12/2018 at 08:02:03. Should I be worried?
  2. Thanks dx and Andy, but I had actually already submitted it before I got your last messages as it was getting close to midnight and my internet connection isn't 100% reliable. I hope it will be ok. Or is it possible for me to submit it again? I received a reply from Cabot Financial. Here is what is says: -------------- An Update on Your Request We are still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request. This means we are not permitted to obtain a judgement or decree against you in Court. What Happens Next? Your balance is still outstanding, and while we cannot bring legal action against your account we are able to ask you to repay this amount, and you will still receive calls and letters asking you to pay. We need to talk to you about setting up a Personal Payment Plan which is affordable, we can help you find the right way to repay this account.... etc -------------------- So what do I do now? Thanks again for your help guys.
  3. Thanks so much for your help dx. You make it possible for little people like me to take on the big guys. You're the best
  4. OOOh I was viewing in some other view apparently. Just saw Full View and clicked it. Thanks so much. I can now see the post numbers
  5. dx, how can i see the post numbers please? or do I just count them? I see there is 20 per page. Is that right?
  6. Ah thank you dx. You have no idea how relieved that makes me feel. I hope Andyorch will be along soon to check it over. Hope to get it filed before midnight x
  7. Thanks dx. Yes I have been researching but still very confused. I'll post what I have in a bit. Thanks so much for your help. Oh I'm so confused. I just cannot make head or tail of it all. In tears now. The stress makes it impossible for me to comprehend it all. Hi dx, this is what I could put together from my reading. Please help me to fix it where needed. Thank you. New Paragraph 2 added as they didn't send a PAP. Particulars of claim 1. By an agreement between HSBC Bank PLC & the Defendant on or around 15/09/2014 ("the Agreement") HSBC Bank PLC agreed to loan the Defendant monies. 2.The Defendant did not pay the instalments as they fell due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 7042.65 2. Costs The Claimant claims: The sum of £3072.00 Costs 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. 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. Paragraph 1 is denied. It is accepted that I have had financial dealings with HSBC in the past. However I do not recall entering into any financial agreement with HSBC on or around 15/09/2014 and have sought verification from the claimant who has not complied with my request for further information. 4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement. 5. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor . 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 credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim 7. On receipt of this claim I requested by way of Royal Mail on 17/11/2018 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request. 8. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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 10. 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. Hi dx, thanks for your quick reply. I understood I have 33 days from 31 October. Which is today. Please can you help me. The MCOL link is still available for me to complete
  9. Hello guys. would anyone be able to direct me to how to complete my defence please? I have to complete it today I think. I have received a response from Cabot Financial stating that they need 12 days to respond. But nothing from the solicitors. Thank you so much.
  10. Thanks so much Andy. Post #16 .... I've just removed "attached to". Is that right? "1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
  11. The CPR 31.14 has a space to state which county court the claim form was received from. My claim for says "In the County Court Business Centre". The crown stamp simply says "The County Court". Please can you tell me which should I put? The PoC states: 1.By an agreement between HSBC Bank PLC & the Defendant on or around 15/09/2014 ("the Agreement") HSBC Bank PLC agreed to loan the Defendant monies. 2.The Defendant did not pay the instalments as they fell due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. .THE CLAIMANT THEREFORE CLAIMS 1. 7042.65 2. Costs Please can you tell me if, in the CPR 31.14, I ask for these 3 documents: 1. The Agreement 2. The Termination Notice 3. The Notice of Assignment Thank you Sorry for the bitty questions. The PDF version of the CPR 31.14 in the CAG library states: 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement [*should be attached to] or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. *(Remove if the claim is from Northampton MCOL or CCBC) Does this CCBC mean County Court Business Centre? And if so what exactly should the paragraph say as it doesn't seem to make sense if I remove those words? Thank you for your help. Ah Andy thanks for your reply on the account number. Just wondering why I can't Reply with a Quote? It just goes round and round when I click it. Doesn't load. Am I supposed to highlight text first
  12. Thank you Andy and Dx. Andy, when you say "And a section 77 request for this alleged agreement account number (dont state your assumed account number on the request)" Do you mean only state the account number they put in the claim form and not the account number that I THINK it refers to? Just want to make doubly sure.
  13. Hi dx, no I never had an overdraft for that much. And at any rate I still have that bank account. I reduced the overdraft to a manageable amount, but I still have it. I had a revolving credit for £5k and a credit card for £9.5k. But looking carefully at my credit file it seems they added the revolving credit and outstanding amount on the loan into one. Thanks for your advice. And yours too Andy. I'll complete the response. Will keep you updated. Sorry it takes me a while to respond. I get very stressed and sometimes my brain just switches off and I cannot comprehend anything. Andy, I'm reading the link you sent me to "You have received a Claim - What you need to do. **UPDATED 2018**" . If the amount is part overdraft and part credit card does this still apply please: -------> "If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts)" If it doesn't apply what do I do? Dx, for the CCA Request - is it section 77 Fixed loans, or section 78 credit cards and catalogues? CPR 31.14 Request when Claim is being made for a Current Account - The debt isn't from a current account. Please help me with which forms I need to send. I do believe the debt it part revolving credit (which was a bank account but not a current account) and part credit card debt. Thank you so much
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