Jump to content

pankajsaab

Registered Users

Change your profile picture
  • Posts

    14
  • Joined

  • Last visited

Reputation

0 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. got court letter today acknowleding receipt of my defence now claimant has 28 days to contact the court if he wants to proceed .
  2. named origional creditor yes but did not complete cca 7x number
  3. Particulars of Claim What is the claim for – 1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019 2. Notice of assignment has been given to the defendant paticulars a/c 518.................1647 Contract dated xxjuly 2008 default balance £xx34 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. Paragraph 1 is noted. I have in the past had financial dealings with (original creditor) but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 7x request.. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the claim form, the Defendant sent a request by way of a section 7x 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. 6. 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 and to date nothing has been received. 7. 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 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants 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 82A 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. facing another problem . to respond to the claim i need to input the claim number and password written on the claim form i have received. i am inputting the claim number and password exactly as shown on claim form but its saying incorrect. sorted log in issue
  4. Let me know if any ammendments needed Defence Particulars of Claim What is the claim for – 1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019 2.notice of assignment has been given to the defendant paticulars a/c xxxxxxxxxxxxxx date 28/02/2021 default balance £2701 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. Paragraph 1 is noted. I have in the past had financial dealings with Tesco bank . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 (c) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; (d) 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 information from restons solicitors who have yet to reply to my request. From the claimant i have requested a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have yet to reply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and again pre action protocol should be considered when the question of costs arise. 6. As per Civil Procedure 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 contravention s of Section 136 of the Law of Property Act and Section 82A 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. Thank you Name ........................................ corrected . please let me know if anything else needs changing . i want to lodge my defence on the online MCOL by tomorrow as i believe the online system is only available on weekdays.
  5. Claimant has not replied to section 78 request or complied with CPR 31. 14 No reply to both requests sent to out or should i state in my defence have not replied to my written request dated ---------- rather than state declined .
  6. Let me know if any ammendments needed Defence Particulars of Claim What is the claim for – 1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019 2.notice of assignment has been given to the defendant paticulars a/c xxxxxxxxxxxxxx date 28/02/2021 default balance £2701 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. Paragraph 1 is noted. I have in the past had financial dealings with Tesco bank . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 (c) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; (d) 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 information from restons solicitors who have not complied with my request. From the claimant i have requested a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply with my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 6. As per Civil Procedure 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 contravention s of Section 136 of the Law of Property Act and Section 82A 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. Thank you Name ........................................
  7. Pease give advice on what defence to submit , or do i need to wait a few days to see if i get my cca request and cpr request reply . My deadline for my defence to be submitted is 12th july .
  8. i have acknowledged the claim and will post out the cca request and cpr letter today . your advice and guidance is simple and straight forward .thanks
  9. thanks andy Name of the Claimant ? DEBT MANAGERS SERVICES LTD Date of issue –10/06/21 Date to acknowledge - 28.06.21 date to submit defence = 12.07.21 Particulars of Claim What is the claim for – 1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019 2.notice of assignment has been given to the defendant paticulars a/c xxxxxxxxxxxxxx date 28/02/2021 default balance £2701 post ref CR What is the total value of the claim? £2701 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO Did you inform the claimant of your change of address? NOT APPLICABLE Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? after Do you recall how you entered into the agreement...On line /In branch/By post ? online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? dont know 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. assigned to debt purchaser debt managers ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? cant remember Did you receive a Default Notice from the original creditor? cant recall Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? no Why did you cease payments? illness financial difficulties What was the date of your last payment? paid them a £1 token payments for some time last payment date 18/07/2020 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 plan? no
  10. I have received a court claim from restons solicitors issue date the 10th of june 2021 for the sum of £2800 . I require some urgent advice and guidance on how to deal with this issue . origional creditor tesco bank type of account credit card account open date 31 july 2008 date of assignment 19th oct 2019 last payment made £1 on date 23/7/2020 Your help would be greatly appreciated .
×
×
  • Create New...