Jump to content

Vampyra

Registered Users

Change your profile picture
  • Content Count

    821
  • Joined

  • Last visited

  • Days Won

    1

Posts posted by Vampyra

  1. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  2. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  3. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  4. This topic was closed on 03/05/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  5. This topic was closed on 03/05/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  6. This topic was closed on 03/05/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  7. This topic was closed on 03/05/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  8. This topic was closed on 03/05/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  9. I had court papers in October 2015 from Restons on behalf of Cabot Financial (UK) Ltd. I put in a defence and requested CA and stated I believed the debt to be SB.

     

    Just before Christmas 2015, Cabot sent me a letter saying they could not find the original CA and as such any alleged debt was "unenforcable".

     

    Today I get a letter which says:

     

    "We have been instructed to write to you regarding the above matter.

     

    We note from reviewing your account that you have not withdrawn your Defence, nor has a payment arrangement been agreed. Due to the time which has elapsed since the proceedings were issued, our Client has asked us to remind you of the detail regarding the outstanding debt.

     

    The current outstanding balance is *jellybeans* which relates to the Aqua card facility with account number *chocolate coins*. Our clients records indicate that the account was opened on or about *mint crisps* 2008. In line with the Terms and Conditions which governed the account, the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights and benefits under the account to a third party and that right was exercised on *Quality Street* 2011.

     

    Our client has asked us to explore the possibility of a settlement being achieved without the need for this litigation to continue and is therefore is willing to enter into a payment arrangement that is affordable and sustainable by you. We kindly ask that you complete and return the attached financial statement within the next 30 days, confirming what your offer of payment is.

     

    If you wish to settle the matter by way of a lump sum payment our client may be able to offer you a discounted settlement figure. Please contact ourselves on the above telephone number if you wish to discuss settlement of your account or have any queries relating to your account.

     

    Yours faithfully

     

    *Toblerone*"

     

     

    I gather it's a fishing trip?

  10. PDF next time please

     

    Sorry mate. Can't pm from my phone but defense down to me. Copied one which I used before.

     

    On the defense they quoted CA I remember that.

     

    I know this would be easier if "someone" actually got and dealt with this with longer than a day to send this off.

     

    This DQ for has to be sent snail mail does it? Can't be uploaded with the rest of the stuff on MCOL?

  11. Could you post details of their particulars and defence submitted Vamp and also a breakdown of the figures on the claim form (including and excluding the section 69 interest)

     

    Regards

     

    Andy

     

    Defence

    DEFENCE STATEMENT

     

     

    IN THE NORTHAMPTON COUNTY COURT (CCBC)

    CASE No: ********

     

    BETWEEN:

    Hoist Portfolio Holding 2 Ltd

    CLAIMANT

    And

     

    Person

    DEFENDANT

     

    DEFENCE

     

     

    1: I received the claim ******** from the Northampton County Court

    on **/**/2016.

     

    2: Each and every allegation in the Claimants statement of case is

    denied unless specifically admitted in this Defence.

     

    3: This claim appears to be for a Credit Card agreement regulated

    under the Consumer Credit Act 1974.

     

    4: The Claimants statement of case fails to give adequate

    information to enable me to properly assess my position with

    regards the claim.

     

    5: It is my contention that any alleged debt is statute barred by

    virtue of section 5 of the Limitations Act 1980.

     

    6: The Claimants statement of case states that the account was

    assigned from MKDP LLP (Barclaycard) to Hoist Portfolio Holding 2.

    The Defendant does not recall receiving notice of this assignment.

     

    7: It is denied that MKDP LLP (Barclaycard) served any Default

    notice on the Defendant pursuant to s87 Consumer Credit Act 1974.

    The Claimant is required to prove that a compliant Default Notice

    was served upon the Defendant.

     

    8: On the **/**/2016 I sent a request to Howard Coen & Co for

    inspection of documents mentioned in the claimants statement of

    case under Civil Procedure Rule 31.14. Robinson Way on behalf of

    the Claimant have confirmed Howard Coen & Co will provide copies

    of the Agreement & Notice of Assignment.

     

    9. Howard Coen & Co have not sent any of these documents to me.

     

    10. On the **/**/2016 I sent a formal request for a copy of the

    original agreement to Hoist Portfolio Holding 2 Ltd pursuant to

    section s77-79 of the Consumer Credit Act 1974 along with the

    statutory £1 fee.

     

    11. The Claimant has failed to comply with s78 Consumer Credit Act

    1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot

    enforce the agreement.

     

    12: The Parties agreed to an extension to the time period allowed

    for filing of my defence under CPR 15.5 to allow the Claimants

    additional time to produce the relevant documentation to evidence

    their claim however they have failed to do so.

     

    13. On **/**/2016 I received a letter from Robinson Way on behalf

    of the Claimant, agreeing to a general extension of time for

    Howard Coen & Co to provide me with relevant documentation to

    evidence their claim however they have failed to do so.

     

    14. Under Civil Procedure Rule 16.5 (4) where the claim includes a

    money claim, a defendant shall be taken to require that any

    allegation relating to the amount of money claimed be proved

    unless he expressly admits the allegation. Therefore It is

    expected that the Claimant be required to prove the allegation

    that the money is owed as claimed.

     

    15. I request the court orders the Claimants to provide the

    necessary documentation in order for me to fully plead my case

    else the Claim should stand struck out.

     

    16. In the event that the relevant documents are received from the

    Claimants I will then be in a position to amend my defence, and

    would ask that the Claimants bear the costs of the amendment.

     

    17. It is denied that the Claimant is entitled to the relief as

    claimed or at all.

     

    Statement of Truth

     

    The Defendant believes that the facts stated in this Defence are

    true.

     

    Signed Person

     

    Date **/**/2016

  12. Yes it was in fast track but they are requesting small claims.

     

    Don't know how to proceed as we are on last day before holidays.

     

    Ok he can send special delivery next Wednesday but what on earth do we say?

     

     

    As you say we don't want to give them extra time to magic up the documents but I have never had this happen.

     

     

    His last one we sent in DQ and went to hearing which was railroaded by the judge in DCA favour even though DCA didn't provide a CA.

     

    Sorry to bug you with a short deadline this close to the holidays.

  13. On behalf of my friend.

     

    Large credit card debt and was sent a CCJ court proceeding form. Sorry rather tired.

     

    CPR and CCA request asked for but nothing has turned up.

     

     

    I was just about to put in a filled Directions Questionnaire

    when today a letter turns up from Howard Cohen enclosing HPH2 Ltd's N181 requesting a 1 month stay to negotiate.

     

    Firstly, do we also still have to put in our Directions Questionnaire

    and if so, bearing in mind no CCA has been supplied, (this card goes back maybe 15-18 years), what directions should be written?

     

    Secondly, as they have not provided CCA,

    how do we get them in a position where they have to and if they cannot, stop this going any further due to unenforcability?

     

    Thirdly, can this be entered online at MCOL as his DQ has a deadline of 30th December.

     

    Many thanks.

  14. This is a bit complicated so bear with me.

     

    I have been getting ESA Contribution based Support Group since 2012. I suffer with autoimmune thyroid issues one of which is I am seriously obese, another is I have tendon and muscle issues making my mobility very painful - I can't weight bear on my left foot a great deal of the time. The pain makes me feel sick and faint it is that bad. However, sometimes it is easier making moving around over short distances possible. The nature of it is, though, that I have no idea if I can weight bear from one day to the next thus making appointments difficult to keep.

     

    With regards the WCA, I have been to one in 2012 but it was a terrible struggle. The assessment centre is miles away, on a first floor, no close parking without a 10-15 minute walk which is too much for me and the first floor assessment is accessed by a lift and you have to confirm you can come down 49 stairs if there was a fire.

     

    In 2014, with a letter from my Dr, they did a paper reassessment of my claim. In May this year they sent me the claim for which I filled out comprehensively and heard nothing til they asked me for an assessment.

     

    My doctor had left the surgery and a doctor who doesn't know me filled out the initial reply to Maximus to say I could attend an assessment. I had to get a letter from a Dr who I saw once, about my inability to get to an assessment.

     

    She made a right cock up of the letter asking if I could have a home assessment because of my mobility, (which is ok), but then proceeded to ask ifor they could take my mobility into account when they book an assessment and maybe find an assessment centre closer and more suitable.

     

    Several assessment appointments were cancelled and some weeks later I got a letter turning me down for a home assessment, and suggesting they sent me a taxi. I phoned up and explained they could send as many taxis as they like but if I can't weight bear I can't go anywhere.

     

    So they suggested more evidence from the Dr. After a huge kerfuffle with the Dr surgery - weeks of asking, I finally got a letter sent over saying I can't attend a medical and a referral letter for physio on my foot and on my back because I have sciatica.

     

    I speak to a lady in the "back office" about all this at the assessment centre who tells me this will be reassessed and I should hear an outcome in 3-4 weeks. She was cancelling my appointment and I just needed to wait for the outcome.

     

    2 days layer a new appointment was sent through and I genuinely thought this was an error as the lady never mentioned any further appointments being sent, so I ignored it and waited for the decision letter she mentioned.

     

    Yesterday, I get a letter saying I missed an appointment and if I don't give a valid reason for not attending, I may lose my benefit.

     

    I am so fed up with this. It seems crazy I am sending in supporting evidence as to why I can't attend a medical and they are threatening removal of benefit because I didn't attend.

     

    I got through to the benefit office dealing with my claim who said the claim is still live. Was advised to phone the assessment centre who tell me my case is closed and I risk losing benefit. Also from what I have been told the last lost of supporting Dr evidence was not noted on my claim. They could not tell me why other than I can't of sent it.

     

    I am at my wits end.

     

    Can anyone with some understanding of all this please explain how I stop losing my benefit please? This has been a stressful mess since May. Thank you.

×
×
  • Create New...