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lynpax

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Posts posted by lynpax

  1. Hi lynpax, first off take the claim number off that post above, we dont want you to be identified by "anyone".

     

    Have you received/filled in an Allocation Questionaire, from the dates you have given, this all looks a bit protracted.

     

     

    Have not received an AQ.

     

    TBH I know I owe the debt and it's not that i'm disputing, it's the amount they're trying to claim. When the debt was with Viking I owed approx £270. I was making payments when I could but they suddenly sold the debt to these.

     

    I phoned the court on Thursday to see where the claim was upto and the clerk just said I can still file a defence as they'd not done anything other than issue it. It was only after reading a lot of the threads in this section that I thought i'd defend TBH.

  2. Hi, thanks for the reply. I sent this defence to the court yesterday. After reading a lot of threads it seemed to be a pretty standard defence, as they haven't furnished me with everything I requested.

     

    Plus there is about £100 in late payment fees on the account.

     

    I'd appreciate any info/pointers on where i'm at at the mo.

     

    IN THE NORTHAMPTON (CCBC) COUNTY COURT

    CLAIM NUMBER **********

    BETWEEN:

    CL FINANCE LIMITED

    Claimant

    And

    Lynpax

    Defendant

    DEFENCE

    1. On 14 July 2008 CL FINANCE LIMITED commenced proceedings against the defendant for £***** plus interest, a debt allegedly incurred under a credit agreement between the defendant and GE Capital Bank Ltd 2. The Claimant states the debt was assigned them by a deed of assignment dated 9 July 2008.3. The defendant does not admit or deny the debt, but puts the claimant to strict proof thereof.4. The defendant has not received a valid notice of assignment for the alleged debt from the original creditor and therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.

    6. The claimant’s solicitors were requested by letter dated 15 July 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.7. To date, the claimant’s solicitors have acknowledged the request, but have not supplied the full requested documentation.8. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.9. The defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925.The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed.10. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

  3. Hello, was issued a court claim on 17/7/08 from Northampton CC.

     

    After reading a few threads on here i decided to defend (online). Just to give me a bit of time.

     

    I subsequently responded by requesting info under part 18 cpr.

     

    I recieved nothing until 27/9/08.

     

    They've sent me the CA and past statements (some missing).

     

    I've also recieved a NoA from Howard Cohen saying that CL finance have been assigned this debt as from 7/7/08.

     

    Any advice?

  4. Can someone please tell me if I can start a new claim, HSBC took £100 last month in charges.

    When I settled last time they sent me a letter to sign and return, i've checked what I signed, and all it says is "For commercial reasons alone, and without any liability whatsoever, HSBC is prepared to make a payment to you in the sum of £**** in full and final settlement of this matter"

     

    Does the bit where they say "Full & Final Settlement" mean I can't claim agian?

  5. 27th Nov - Prelim Sent asking for £155

    Heard nothing so...

    12th Dec sent L.B.A

     

    15th December, recieved a letter saying that as a gesture of goodwill they will credit my account with £77.50, and also added that 'We've noted your threat of court action, and are confident about winning, as our charges are lawfull etc.

     

    Sent the letter rejecting the offer, only as a part payment etc.

     

    8th Jan 2007......MCOL for £199.69 (£155-Charges, £30 Court Costs, £14.59 Interest)

     

    They've got 14 Days.:D

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