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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 ha
  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 wit
  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 con
  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.
  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
  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 proce
  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 fu
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