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strongdumplin

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Everything posted by strongdumplin

  1. Sorry didn't know what you ment by (so they've included a notice of discontinuance) I've just looked it up, they have applied to the court to discontinue the claim. So is that it now no more CCJ claim? Regards Strongdumplin
  2. Hi all Just a quick update on this. Today I have received a letter from capquest. We write further to the above matter. Our records indicate that you have not responded to our letters dated 20/09/2017 & 28/12/2017. On a commercial basis, and to minimise the costs of litigation, we shall not be proceeding in this case. Please be aware however, that the debt remains due and owing, and we shall continue to report the default pertaining to this case to the credit reference agencies, until the expiry of the same. Should you wish to remedy the default, we invite you to contact us on the number below to discuss options for payment. Not sure what this means... Regards Strongdumplin
  3. Hi all Just rung the court and it has been stayed, No action. Just have to wait and see if they apply to lift it. Kind regards Strongdumplin
  4. Hi all Is there anything I need to do after the last two letters? My 28 days is up a week on Monday just didn't want to miss anything. Regards Strongdumplin
  5. Hi all Just to keep you up to date. I received this letter yesterday from Capquest along with a copy of their acquisition letter dated 05/08/2015. Regards Strongdumplin Capquest 011017.pdf
  6. Hi Just on sure if I have messed them up or not, With my dyslexia the CPR 31.14 request. They also state they have no record of receiving a properly constituted section 77/78 CCA . Regards Strongdumplin
  7. Hi Dx Just received this letter today from Restons. Not sure what this means and what I am supposed to do now? Kind regards Strongdumplin Restons_2.pdf
  8. Hi all Just to let you I have received acknowledgement of my defense. dated 11th SEPT 2017. Strongdumplin
  9. Hi all I know I should of posted my defense up first, but I panicked and did it today to make the 4pm cut off time. I hope I've not messed it up.. particulars of claim 1. the claim is for the sum of £517.68 in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number ********** upon which the defendant failed to maintain payments 2. a default notice was served upon the defendant and has not been complied with. 3. the balance owed was assigned from shop direct to the claimant and the defendant has been notified of the assignment by letter. Defence 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 noted. I have had an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant. Furthermore ,I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago. 2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. On the 22/08/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed 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 © Show and evidence any breach and service of a default Notice which it refers to in their particulars; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, if 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. 7. 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. Strongdumplin
  10. It's private let. Though an agent called tottalylet. All he said to her was that they are not allowed to have a baby in the house and that they had to leave asap. When see asked what that meant he said Monday or the end of the week at the latest. I think she said it was a rolling 6 month tenancy. So a Shorthold Tenancy I believe. Strongdumplin
  11. She has live there with her partner and been for about 4 years, renting a room. She and has been out of hospital for about two weeks. The letting agent came round to show an empty room and kicked off, to the point she stated crying. Told her had to leave by Monday. Then said the end of the week. As far as I'm as I know all rent is put to date. I just don't know what the tenancy rules are with her living in an HMO. Are children allowed ext. And would they have to serve a section 21. Strongdumplin
  12. Hi My friend has just had a premature baby and just got out of hospital and today the letting agent came round and told her she has to leave by next week. She lives in a HMO and I'm don't know what her rights are.. Any help very much appreciated. Strongdumplin
  13. I don't suppose you know Anything about tenancy/letting agents. It's just my friend has had a premature baby and has just got back home. Now the letting agents have just told her she has to be out by Monday. She lives in a HMO and I'm not sure what her rights are. Any help would be very appreciated. Strongdumplin
  14. Thanks again dx. I will get on with this over the weekend. I don't suppose you know Anything about tenancy/letting agents. It's just my friend has had a premature baby and has just got back home. Now the letting agents have just told her she has to be out by Monday. She lives in a HMO and I'm not sure what her rights are. Any help would be very appreciated. Strongdumplin
  15. Thanks for the help dx. But with me having dyslexia I have already messed up the CCA Request and CPR 31:14 letters after reading them again,and reading endless threads and post of legal jargon I just can't make sense of it all. All I will do is mess it up like I always do. Strongdumplin
  16. Hi all Just going to give in now and pay up. I can't make sense of all the legal stuff, have got a clue how to defend myself. Back on Anti depressant again as unable to sleep, this and other stuff. Just to much to deal with at the mo. Strongfumplin
  17. Attached is the only letter I have from littlewoods. I only found this after my ex left with a couple of Capquest ones. Strongdumplin littlewoods.pdf
  18. Through it was strange that my defense date is on Wednesday 13th Sept and the date in the letter for payment is Friday 15th Sept. Also I wouldn't be able to pay until I get payed on the 20th. Should I email them explaining what you have said? Strongdumplin
  19. Hi all just received this from. Restons today. Re: Capquest Investments Limited v. Yourself Account Number: ****** Original Creditor and Product Type: Shop Direct - Littlewoods Mail Order We write further to receiving instruction from our Client. Our Client accepts your offer to repay the outstanding balance of £517.68 by instalments of £100.00. Your first payment of £100.00 is due by Friday, September 15, 2017, and subsequent payments made monthly, until the balance due on your account is repaid in full, or the payment programme is reviewed. Please make all payments to Restons Solicitors Limited and ensure that our reference ******** is quoted. Details of how you can make payment to us may be found on the reverse of this letter. The most convenient way to pay is by direct debit facility which can be easily set up by telephoning us on 01925 426100. Alternatively, visit our website at http://www.restons.co.uk and select 'make a payment'. Cash and postal orders should be sent via registered post. In the event of you experiencing any financial difficulties or you have any questions regarding this letter (or your circumstances change), please contact us on 01925 426100. We must warn you that in the event you fail to maintain the agreed payments or fail to contact us to explain that your financial position has deteriorated, we are likely to be instructed to issue a County Court Claim for the balance then due on your account together with fees and costs. Yours faithfully, Restons Solicitors Limited Not sure what to do now. Strongdumplin
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