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  1. Yeah exactly. I guess you can at least trust the court toplay fair, I was half expecting Cabot or M&C to send the stuff requested to an old address. I guess as long as I deal with everything as received from the court then that angle is covered.
  2. Great. Yeah I know its def nothing to take serious but at least I know they cant do anything on the sneak and i'll enjoy the holiday for now. They wrote to the new address also so def have the correct details now. I did have a letter from the court last week actually but that literally acknowledged the defence hence I didnt post it up.
  3. Right have had a letter from Solicitor saying they acknowledge my defence and have forwarded to Cabot to see what they want to do + get the information requested in defence. In the meantime its been put on hold and no further action will be taken so I presume I just sit back and wait.
  4. Yeah for sure. You'd think they could just have an earmarked list or something. Speaking of accounting I was having a look around on google and found something amusing, Jimmy Carr presenting MC an award as As Law firm of the year from 2019. Anyone seeing the irony here? tickled me for sure, maybe my immature side
  5. Right done and sent. I just checked my credit report and would you believe they've already added the £160 fee + costs? I guess its no surprise really as they make the presumption they've won.
  6. Yeah I will do. I know last time it went pretty far, got as far as a mediation call and getting a date then they discontinued a couple of days before. Not a total beginner it was just forgotten.
  7. Great thanks, will leave 2 in then, replace 3 and I think its good to go. This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know. Again thank you both for your help, really is priceless. 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant. 4. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven. 5. I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925. 6. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request. 9. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  8. How does this sound? 2. Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement, neither does the claimant having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant. 3. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.
  9. Ok will remove that. Couple of things Re 3. above, is that 100% right?, I cant get my head around the "as neither the claimant either" bit probably just me being stupid 4. Should it read 'breach has yet to be proven'? as in missing the be? Hate to question you guys as I know you know what you are doing, I just like to understand exactly what im sending and no harm double checking as we are all humans
  10. Thanks Andy. A couple of things though they didnt actually use paragraphs in the poc I separated them to make it clearer. If you look up the post ive attached an actual pdf of the poc minus sensitive info. Also I think they did send the Pre action thing, I didnt actually receive it till after id got the claim as it went to the old address. Should I leave that in still?
  11. I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount? Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds. Photo of poc is shown above to show how lacking it is in format in particular 1. By an agreement between New Day LTD RE Aqua & The Defendant on or around 23/10/2017(the agreement). New Day LTD RE Aqua agreed to issue the defendant a credit card. 2.The defendant failed to make the minimum payments due. 3.The agreement was terminated following the service of a default notice. 4.The Agreement was assigned to the claimant, The claimant therefore claims 1. 1376 2. Costs 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC 3. Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant. 4. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven. 5. I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925. 6. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request. 9. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. Right just to get a few things set in my mind. Date of issue was the 4th of november and defence must be submitted by day 33, is that before day 33 or by the end of day 33?. 33 by my calculation is tuesday the 7th so does that mean I can submit defence tuesday? As for cca request it was sent on the 18th of november and as of now nothing received which would make wednesday 8th the deadline for them to comply on the assumption its 14 working days, is that correct? Was signed for on the 19th if that affects the +2? Cpr was sent the same day again with no response, what happens here if they dont repond? Are there any good examples of defences I can look at?, i'm thinking right now that the claims very vague with no account details or anything on poc so nothing linking me to the account + they havnt provided the cca yet although they havnt defaulted on that yet but will have by the time. Dont want to leave this till the last second.
  13. Should I perhaps add in?'please note updated address' to avoid any confusion
  14. Erm it has the reference under Solicitors address on front but it doesnt state that its a reference or account number. The reference is on the other sheets ie Defence, admission sheets etc. No number in the Particulars of claim
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