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Kurds wife

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  1. Hi. I had a notice of sum of arrears today from these people! Should I respond?
  2. So started getting letters again from Hoist asking me to contact them to set up a payment plan!!! What do I do??
  3. thanks for everyone's help with this, I've just made a donation.
  4. Hi I had a email from the solicitor with a discontinuation notice they sent to the court but I’ve heard nothing from the court?? I have emailed the court but no response
  5. Thank you. I’ll await their response. I will make a donation when I get paid. Thanks everyone for your help.
  6. So do I still submit my witness statement which is due on the 10th?
  7. Happy new year. I have returned from holiday to a letter: we refer to the above legal proceedings and your defence upon seeking further instructions from our client regarding your defence we are now instructed to withdraw these legal proceedings on the basis that each party meets their own costs. please can you confirm that you agree with proposal either in writing by post or by email do I just reply and say thanks and yep?
  8. numbering checked and amended. what was no 4, now no 3 amended I, ******************************************* WILL SAY as follows: I make this Witness Statement in support of my defence to this claim. INTRODUCTION 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 3. The Claimants claim relates to an alleged Loan Agreement between the defendant and EGG PLC. 4. Whilst it is accepted that the defendant has in the past had financial dealings with Egg PLC, the defendant cannot recall with precision the alleged debt the claimant refers to and has no knowledge of IDEM Capital Securities Ltd. 5. On 2nd November 2020 , the defendant received a letter from Robinson Way (1), claiming the alleged owed sum of £xxxx. The defendant completed the pre legal paperwork which was included with this letter, stating they had no knowledge of this debt and requested additional information, specifically, any default notice, a notice of assignment and a copy of the finance agreement. 6. On 8th January 2021 the defendant received a letter from Hoist finance; (2). The defendant has no knowledge of who Hoist finance are; the pre legal assessment paperwork received was from Robinson Way. The letter acknowledged the return of the pre protocol paperwork and the request for additional information. Paragraph 3 of the letter, states “the account will remain on hold until the documents have been provided”; to date none of the requested documents have been provided. 7. On 8th February 2021 the defendant received a further letter from Hoist Finance (3) stating that they had not received a response from the original creditor and again the recovery against the account had been temporarily stopped. 8. On 8th April 2021 the defendant received a letter from Hoist finance (4) stating that they were unable to provide the requested documents; any default notice, a notice of assignment and a copy of the finance agreement. 9. On 18th May 2021, I received a claim form issued by the County Court Business Centre, Northampton, for the amount of £xxx. The claimant contends that the claim for the sum of £xxx in respect of monies owing under an alleged regulated consumer credit agreement with the account no xxx Contained within the claimant’s particulars the claimant states that the account was subject to assignment from IDEM Capital Securities Ltd (EX EGG PLC) and a default notice was issued. 10. On 21st May a formal CPR 31.14 request for documentation relating to the particulars of the claim was sent by the defendant to Howard Cohen & Co Solicitor; the claimants solicitors. A reply was received on 25th May (5) acknowledging the request and advising me that they would retrieve the documents. No documents have been received to date in respect of this request. 11. On 2nd June 2021, a formal section 78 request was sent to the Claimant in respect of this alleged debt. No response to date has been received in response to this request. 12. Following the submission of my defence statement, I received a email from a paralegal for the claimants solicitor (6). Attached to the email was a letter outlining a list of transactions (7). This document was allegedly requested by myself from IDEM, I did not request this letter from IDEM as I have no knowledge of who IDEM are. 13. On Thursday 2nd December, mediation took place between the claimant and the defendant. The defendant advised the mediator that due to lack of documentation in respect of this claim the defendant is not suitably informed to be able to mediate. The claimant offered a reduced settlement of £1500 and stated they could not provide me with any further documentation requested. CONCLUSION 14. To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed. 15. To date no copy of a Default Notice has been disclosed. 16. To date no copy of the legal assignment of the agreement from IDEM Capital Securities Ltd or EGG Plc has been disclosed. 17. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 18. The claim bought by the claimant is spurious and speculative. The claimant does not have in its possession or been able to disclose the correct valid paperwork and is my understanding that this is an attempt to mislead the court that they can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out for the above reasons
  9. going away over Xmas and not back till 4th january so want to get this tied up before i go if possible. here is my first draft, i would greatly appreciate any feedback/amendments etc. I, ******************************************* WILL SAY as follows: I make this Witness Statement in support of my defence to this claim. INTRODUCTION 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 4. The Claimants claim relates to an alleged Loan Agreement between the defendant and IDEM Capital Securities Ltd (EX EGG PLC). 5. Whilst it is accepted that the defendant has in the past had financial dealings with Egg PLC, the defendant cannot recall with precision the alleged debt the claimant refers to and has no knowledge of IDEM Capital Securities Ltd. 6. On 2nd November 2020 , the defendant received a letter from Robinson Way (1), claiming the alleged owed sum of £xxxx. The defendant completed the pre legal paperwork which was included with this letter, stating they had no knowledge of this debt and requested additional information, specifically, any default notice, a notice of assignment and a copy of the finance agreement. 7. On 8th January 2021 the defendant received a letter from Hoist finance; (2). The defendant has no knowledge of who Hoist finance are; the pre legal assessment paperwork received was from Robinson Way. The letter acknowledged the return of the pre protocol paperwork and the request for additional information. Paragraph 3 of the letter, states “the account will remain on hold until the documents have been provided”; to date none of the requested documents have been provided. 8. On 8th February 2021 the defendant received a further letter from Hoist Finance (3) stating that they had not received a response from the original creditor and again the recovery against the account had been temporarily stopped. 9. On 8th April 2021 the defendant received a letter from Hoist finance (4) stating that they were unable to provide the requested documents; any default notice, a notice of assignment and a copy of the finance agreement. 9. On 18th May 2021, I received a claim form issued by the County Court Business Centre, Northampton, for the amount of £xxx. The claimant contends that the claim for the sum of £xxx in respect of monies owing under an alleged regulated consumer credit agreement with the account no xxx Contained within the claimant’s particulars the claimant states that the account was subject to assignment from IDEM Capital Securities Ltd (EX EGG PLC) and a default notice was issued. 10. On 21st May a formal CPR 31.14 request for documentation relating to the particulars of the claim was sent by the defendant to Howard Cohen & Co Solicitor; the claimants solicitors. A reply was received on 25th May (5) acknowledging the request and advising me that they would retrieve the documents. No documents have been received to date in respect of this request. 11. On 2nd June 2021, a formal section 78 request was sent to the Claimant in respect of this alleged debt. No response to date has been received in response to this request. 12. Following the submission of my defence statement, I received a email from a paralegal for the claimants solicitor (6). Attached to the email was a letter outlining a list of transactions (7). This document was allegedly requested by myself from IDEM, I did not request this letter from IDEM as I have no knowledge of who IDEM are. 13. On Thursday 2nd December, mediation took place between the claimant and the defendant. The defendant advised the mediator that due to lack of documentation in respect of this claim the defendant is not suitably informed to be able to mediate. The claimant offered a reduced settlement of £1500 and stated they could not provide me with any further documentation requested. CONCLUSION 11. To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed. 12. To date no copy of a Default Notice has been disclosed. 13. To date no copy of the legal assignment of the agreement from IDEM Capital Securities Ltd or EGG Plc has been disclosed. 14. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 15. The claim bought by the claimant is spurious and speculative. The claimant does not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out for the above reasons.
  10. Had mediation this morning. I advised the mediator that i didn't feel i have enough information to discuss this. she asked me what information i needed, told her i needed the credit agreement. she went back to the claimant, then called me back. the claimaint had given her details (Basically everything from a statement they have obtained from the previous DMC) they then offered me a reduced settlement of £1500, I again said that i didn't feel informed to make a decision based on the lack of information. she said shall i tell them you are happy to go to court. i said yes! I have started working on my witness statement this morning. couple of queries: the pre action protocol document came from Robinson Way, but the claim is in the name of Hoist Finance, is this normal to have two different names? The "statement of Transactions" that the solicitor sent by email states that i requested it, and it was also addressed to me at an old address.....should i ring IDEM and challenge them on giving information out to someone not authorised by me to obtain my information or are they allowed to do this? The witness statements have to be submitted in early Jan but they dont have to pay the court fee till March? i thought the fee was paid before you submitted anything further
  11. I've received a court letter today. hearing will take place at 2pm on 31st March 2022. witness statements must be filed by 4pm on 10th January i have tried to find some similar witness statements but struggling, if anyone can point me in the right direction I would be very grateful.
  12. Thanks DX. I honestly have no idea, as it was Egg I presume it was all online, but in honesty I don't know, i can't remember what I was doing last week let alone 10 years ago!
  13. i have had a email with an mediation time/date. however it clearly states that meditation is only suitable if all 3 conditions can be met, one of these i can't answer yes to...".I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party" given i can't say yes should i be informing them and cancelling the appointment
  14. sorry for the silence but hadn't heard anything until today, letter saying that it has been transferred to my local court.
  15. i have no idea i did do the CCA CPR request, i'm confused as the balance changed to 0 on 28th August 2021, i thought the same that this isn't the original credit agreement?
  16. there is also a 2nd attachment but its a assessment of earnings type form document for upload CAG uploaded.pdfexact email contents: We continue to act for the Claimant in this matter. In your Defence, whilst you have admitted that you have had dealings with EGG Plc in the past, you have requested the account documentation as you allege that you cannot recall the specifics of the agreement. Please find attached a full breakdown of the outstanding balance of your EGG personal loan, which has been provided by IDEM your account predecessors in title. This details transactions on your account from account opening on the 28 November 2005 up to the final payment received towards your account on the 28 September 2017 and your account was thereafter closed on their systems. We can confirm that the Court record shows that both parties Directions Questionnaires have now been received and both have agreed to mediation. Should the small claims mediation team be in a position to offer an appointment to mediate they will be in contact with both parties. If it is not possible to secure an appointment, we can confirm that our Client is willing to consider any reasonable and affordable proposals for settlement of the outstanding debt at this stage, which can be submitted to this office by way of the attached income and expenditure form. We look forward to hearing from you.
  17. hi, i've had a email from a paralegal at Howard Cohen this morning. "in your defence whilst you have admitted that you have had dealings with EGG plc in the past you have requested the account documentation as you allege that you cannot recall the specifics of the agreement. please find attached a full breakdown of the outstanding balance of your EGG personal loan, which has bene provided by IDEM your account predecessors in title. This details transaction on your account from account opening on the 28th November 2005 up to the final payment received towards your account on the 28th september 2017 and your account was thereafter closed on their system. There is then an attachment dated 25th August from a company called IDEM addressed to me at my old address which says, "please find attached a list of transactions on your account as requested. Please note this list of transaction is not issued in replacement of or to represent a formal regulatory statement, if we are required to send you an account statement annually this will continue to be issued and may include some or all of the transactions noted below" There is an account number and current balance of 0 (zero) and at the bottom it states 27/05/2021 account adjustment credit £1771.49 balance 0
  18. Haven't had N157 yet no, sorry guess i'm just trying to get prepared..... i've emailed my old bank to try and get some information regarding payments..i'll chase that again this week.
  19. dont know if i'm being thick but trying to find Witness statements, have used the search box but struggling to find anything similar to my case??? any pointers would be grateful
  20. Directions Questionnaire received.....will complete and send off
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