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Ekech

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About Ekech

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  1. UPDATE: So the claimant failed to comply with the directions of the court to submit an updated PoC. I called the court and was advised to email them to request further directions from the court, which I did. I have received the following email today: Good afternoon, Your email has been referred to a District Judge who comments as follows: “If the Claimant has not complied with the Order of 28th January 2019 (drawn 2nd February 2019) then the Particulars of Claim remain struck out. No further action is required by the court.” So, does this mean that as the PoC have been struck out that they cannot try to claim this again in court? It all seems like it was a bit too easy. Thank you to everyone who gave me advice on this, I would have had no idea what to do and it seems the holding defence was enough on it's own to get this struck out.
  2. Sorry, read that last night and then forgot to respond this morning. No, there are no sanctions listed for failure to comply.
  3. Thanks, email sent them stating that receiving emails has been restricted and I will have no access to emails from today and that all papers are to be served to my home address. Will update as soon as I have one.
  4. OK great, so just check with the court and do not disturb TM Legal. Everything they have served me up to this point has been by email and very last minute. But I will wait till Monday to call the court. Fingers crossed they are just too incompetent to get the documents together in a reasonable time.
  5. I read it yesterday, I will have to try and find it - it was talking about "relief from sanction". So it would usually be struck out at 4pm today, and I would receive papers to that effect and so I would do nothing? Or I would apply to have the case struck out? Would I still update my defence to the court? I'm assuming as the original PoC has been struck out, and no further PoC has been submitted, there isn't actually anything for me to defend? Here is what the court ordered. 1. The Particulars of claim are to be struck out because the fail to comply with CPR16.4 & PD16 2. By 4pm 20th Feb the claimant shall file and serve PoC which fully comply and set out in detail the claim against the Defendant to include when the agreement was entered, the nature, original parties and subsequent variation. Docs should be attached. 3. By 4pm 8th March the Defendant shall file and serve amended/further defence, and should address each allegation in the PoC. 4. - Just sets out the format of submitting / documents
  6. Hi All, The claimants particulars of claim were struck out on 2nd Feb for failure to comply with CPR16.4 and PD16. The deadline for them to resubmit the PoC including all evidence is 4pm today. If they miss this deadline, which I am sure they will, what would my next steps be. From what I have understood they will apply for relief from sanction at some point to submit the PoC and supporting evidence, and I will be asked to agree. From this point it all seems hazy. I have read that it would be a good point to ask for the claim to be struck out, but I have also read conflicting advice saying I would have to agree or be seen to be unreasonable as the delay would have no "material impact". Also, I have to submit an updated defence by 8th March. If they did not submit an updated PoC, what would my updated defence be? They have now supplied me with the original credit agreement. Any help/advice would be greatly received! Thanks
  7. Thank you so much for your help on this you have been really helpful . I have sent the CCA request 1st class recorded to the claimant today. Yes the solicitors is TM Legal. I will get drafting the defence later on tonight and make sure the paragraphs match up etc and will get reading up on the next stages and hold off posting the defence until closer to the deadline. I was really worried with the timescale because I was in hospital all last week and time was ticking by so I have been in a panic but I have calmed down now I know that I can put in the holding defence. I can actually read through these forums calmly without having 10 tabs open flicking between them all in a panic getting nowhere. This forum is a god send, so so helpful. Thank You.
  8. Thank you, is the holding defence template the correct one? The one ending "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." Sorry to be a pain, this is the first time I have ever had a CC claim.
  9. I have also found this one, I think this may be the correct one? 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 noted and accepted I have in the past had financial dealings with [Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or [Original Creditor] 4.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,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; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request and their solicitors, [name them], have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based. 6. As per Rule 16.5(4), 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 82 A 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.
  10. I know the original creditor is nothing to do with this claim, but I didn't know what this debt was until I was told it was piggybank.
  11. OK, thank you so much. So, my understanding is I send the template CCA request to Asset Collections & Investigations (the claimant) with £1 postal order. In the meantime I file a holding defence as they have not complied with the CPR? Should I hold off filing the holding defence until the deadline? I have found this holding defence, is this what I should be using? It does mention that the defendant is embarrassed, is that correct? Thank you again. Defence 1.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. 2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information. 3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all. 4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon 5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit 6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.
  12. Just to clarify, I have not sent a CCA request because I did not know I had to and I didn't know who the debt was from until I was told here it was Piggybank.
  13. I have only sent the CPR request for the details to the solicitors who sent me the email the day before I got the court papers. I replied to the email they sent me informing me it would go to court.
  14. It doesn't have all that detail, it just says; Djs LTD Account type Advance Against Income Account number **************9122 0 Account start date 17/07/2017 Account end date 01/06/2018 Opening balance £ 915 Regular payment £ 305 Repayment frequency Monthly Date of default 17/10/2017 Default balance £ 1,042
  15. This is the information requested answered the best I can using details from noddle.co.uk. In order for us to help you we require the following information:- Name of the Claimant Asset Collections & Investigations Date of issue – 12 November 2018 Your acknowledgment of service was submitted on 14/11/2018 at 13:55:59 Your acknowledgment of service was received on 14/11/2018 at 16:02:05 Particulars of Claim What is the claim for – 1. The claimant claims this amount in respect of an unpaid loan, regulated by the consumer credit act 1974. The loan was funded by DJS (UK) Ltd. 2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. 3.The credit agreement was assigned to the claimant, upon which a notice of assignment was sent to the defendant. The defendant has either failed to respond to the claimant or has failed to maintain regular payments. 4.The claimant issued a Letter of Claim, providing the defendant with a further opportunity to arrange repayment of the outstanding balance, to no avail. 5.The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 24/05/2018 to 09/11/2018 on £1200 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.26. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES THE DAY BEFORE I RECEIVED THE COURT PAPERS What is the total value of the claim? £1394.45 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? - PAYDAY LOAN When did you enter into the original agreement before or after April 2007 ? - AFTER Is the debt showing on your credit reference files (Experian/Equifax /Etc...) - YES Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - DEBT PURCHASER Were you aware the account had been assigned – did you receive a Notice of Assignment? - I WAS UNAWARE Did you receive a Default Notice from the original creditor? - I DONT THINK SO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I DONT KNOW Why did you cease payments? - I lost my job due to ill health and have been on Employment & Support Allowance ever since What was the date of your last payment? - JULY 2017 Was there a dispute with the original creditor that remains unresolved? - NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? - NO, I HAVE ONLY JUST BECOME AWARE OF THIS DEBT
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