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NikkiBloom

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About NikkiBloom

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  1. Just received a letter from the courts. Guessing it is pretty standard. The body reads: I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of youndefence.Afteflhat period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.
  2. I'll Try Again Particulars Of Claim. 1) The Defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the Consumer Credit Act 1974 under reference ******** on 02/12/2014 ('the Agreement'). 2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3) The Agreement was later assigned to the Claimant on 09/09/2016 and written notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £990 remains due and outstanding. And the Claimant claims a) The said sum of £990 b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.216, but limited to one year, being £80 c) Costs 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. 1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974. 2. Paragraph 2 is denied I do not recall any breach and I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. 3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 5th Oct 2016 from my cpr31.14 request. this is the first time I have seen this letter. 4. On receipt of this claim form , I the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 5. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 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.
  3. Oh god! How silly! I had so many different tabs and word documents open , cutting and pasting different bits I think I’ve copied in the wrong one. Just had to nip out. I’ll post the correct version ASAP! X
  4. Compared to all the ones I read, I really felt like there was less I could include in this one. Nervous that they have so much paperwork.
  5. So it's defence day and I haven't received anything back from the CCA. I don't keep that to myself do I?
  6. I'm pretty nervous regarding my defence Dx. After reading others, I feel pretty confused about what to write - is it not the case that my defence would vary depending on the responses from CCA and now the SAR? Apologies for being pathetic
  7. That thread is v.intresting! I'm going to read in full when I finish work. Are you referring to the picture/computer screenshot? SAR has gone to SD
  8. Is it unusual for them to have all the documents they have provided so far?
  9. I'll get the SAR done right now. Thank you Dx Is there a point where it will be best for me just to pay up? x
  10. I don't believe there was quite £1k of interest. From the initial £300 limit they kept increasing it. So a chunk will have been the amount borrowed.
  11. I've not received any response to the CCA yet so will post that the moment anything arrives. Yes, Very offer something called 'Take 3' and they do buy now pay later offers. I recall after a late payment this seemed to 'void' these offers and my immediate balanced jumped up. I wish I had kept all my paperwork. Feel very silly now.
  12. I've had a response to the CPR Response to CPR letter.pdfResponse to CPR letter.pdfResponse to CPR letter.pdf
  13. I did read the guide but the language on the court form threw me. I’ll send it to the first address. Thanks
  14. Thank you so much Dx! The Claimant is: Lowell Portfolio 1 LTD Ellington House Leeds But beneath it says "Address for sending documents and payments" Lowell Solicitors Limited PO BOX 1419 Northampton I sent the CPR to the Lowell Solicitors Limited address. Should I send the CCA to the same or the Portfolio one?
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