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Micky the Hippo

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Micky the Hippo last won the day on August 12

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About Micky the Hippo

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  1. one thing you can be certain of is that the lawyers for the other side will always appear to be certain they will win, rihgtly or wrongly.
  2. fantastic, well done Milly, a very good example to others, respect for having the balls to appeal, and rightly so
  3. an envelope arrived from HC yesterday, a few details and copies of the Letter of Claim and the transfer of the debt to them, attached There were some sundry pages of income and help for debtors that I've left out. I assume that there's nothing for me to act on here? I'm still waiting for the court to notify me of the next step? I'm not expecting them to provide me with anything other than the skycard application form they sent me years ago, attached right at the top of this thread. HC 150819.pdf
  4. I'm not sure their version of events is relevant, you have a proveable sequence of events, their version is either mistaken or a lie, why get involved in it?
  5. perhaps someone at Currys web team spotted the error and tidied it up at their end so it looks to them like it never happened, leaving 'only' the evidence that the buyer has. one wonders if anyone there has even looked at what has been sent to them
  6. 28 days to proceed or it is stayed? but they can unstay it at anytime can't they? do they have to produce something to do that, ie is there any advantage to me if it is stayed?
  7. Sorry for the delay and my breezy post, will do better from now on, letter attached. HC 090819.pdf
  8. I can only give general advice as a department manager, I suggest you put your concerns into writing, until it's formally reported it's not official. If you point out your circumstances regarding your back and your shift starting at 3am then they will need to tell you what to do surely.
  9. What I assume is a bog standard letter from the Courts arrived today confirming they have my defence and will pass it on to the claimant.
  10. they ignore the 'leaving' as a bluff as so many people do it, I had this with them after my package crept up to £98, I told them I was cancelling and was not interested in anything they had to say, they dropped it to £65 for a year. Else cancel it, they/you'll have a month to come up with a deal, if it's only broadband, you have lots of options
  11. Done, after some minor tidying up of grammar and removing that extra 'icon' in Consumer Credit Act near the end.
  12. bless you and thank-you very much, will submit through MCOL right now and await updates
  13. Particulars of Claim for reference only ..do not submit with defence 1.The Claim is for the sum owing of £ 5xxx in respect of monies owing under an Agreement with the account no.xxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA). 2.The debt was legally assigned by Barclays Bank plc (EX BARCLAYCARD) to the claimant and notice has been served. 3.The Defendant has failed to make any contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The said sum of £ 5xxx 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 denied. Whilst I have had dealings with Barclaycard in the past I cannot recall the specifics of the alleged agreement. 4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 5.Paragraph 3 is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim . 6. It is denied that any amounts are due under any agreement. 7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 17/07/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 17/07/2019. To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information . 8.Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 10. 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 crediticon Act 1974.6. 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.
  14. Hi, umm what? Those are their POC from the claim form. ah, thats what I should have at the start of mine, doh, thanks, will edit accordingly sorry about me, slightly weary after a couple of busy days relaxing, thank-you
  15. Hello and yes indeed to getting on with it, here I am, reading a few other threads. So I can upload the below through MCOL ... I've lifted it from here Hoist claimform - Aqua Card debt***Claim Discontinued*** Is point 3 ok? Is there any need to admit to past dealings? As always, thanks for all and any help and advice Micky Particulars of Claim 1.The claim is for the sum of £xxx in respect of monies owing under and agreement with the account 12345678 pursuant to the consumer credit act 1974 (CCA) 2.The debt was legally assigned by Hoist Finance UK Holdings 3 Ltd to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA The claimant claims 1. The sum of £xxx 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. The Claimants case is denied. Whilst I have had dealings with Barclaycard in the past I cannot recall the specifics of the alleged agreement. 4. Furthermore I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 5. It is denied that any amounts are due under any agreement. 6. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 17/07/2019. Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 17/07/2019. To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information . 7.Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 9. 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 crediticon Act 1974.6. 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.
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