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tommy2000

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  1. dx Is this okay? have to submit in the next 10 minuets Tommy2000
  2. dx I have not yet signed or submitted yet. I'm just hanging on as long as possible for the post to see if they have replied to my request for cpr31 1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx. 2. The defendant failed to maintain contractual payments required under the terms of the account agreement 3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31 The Claimant claims the sum of £1610.71. Defence 1.the Defendant contends that the Claimants 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.Paragraph 1 is noted. It is accepted that I have in the past had a financial arrangement with British Gas. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically. 3. Paragraph 2 is denied as I'm unaware what dates or address of property the claimant refers to within its particulars. I have therefore made a request pursuant to CPR 31.14 signed for by them on 9/4/2021 which the claimants have failed to respond. 4. Paragraph 4 is denied. I am unaware of an assignment and have have never been served with a Notice of Assignment pursuant to sec 136 of Law of Property Act 1925 5.Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3). 6. Therefore with the court's permission the Claimant is put to strict proof to:- a) show and disclose how and where the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) 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. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  3. dx Thank you for you help. The link you sent was very useful. I have sent in my defense. I would like to make a donation to the forum in appreciation. What's an acceptable amount? Tommy2000
  4. Yes it was received and signed for on April 9 but no response.
  5. dx I have been reading the forum on Lowell claimform for hours and to be honest I don't really understand them. As for my defence I feel my only option is to deny the debt due to not being provided by the claimant any proof of this debt. I have had 3 addresses since being a British Gas customer and I have mail going as far back as 2015 and there is nothing from BG or Lowell until January 6 this year. Reading through other posts I realise now I should have sent off for a copy of the agreement I had with BG. Have I left this too late? Tommy2001
  6. Thanks dx POC 1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx. 2. The defendant failed to maintain contractual payments required under the terms of the account agreement 3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31 The Claimant claims the sum of £1610.71. I have since received a letter from Overdales Solicitors dated 1/4/2021 asking me to respond to the claim or contact them to discuss payment options. Do you think it might be a good idea to try and make an arrangement?
  7. Thankyou all for the help you have provided so far. I now have to file my defense and could use some advise. I sent off my request for cpr 31 it was received and signed for on 9/4/2021 but have not had any response. What do I do now?
  8. Thank you dx I have done as you suggested. My AOS was acknowledged this afternoon. So pleased I contacted you as i was half way through my defence statement.
  9. This is much appreciated. The POC does mention the debt was legally assigned on 11/12/18 notice of which was given to the defendant and the claim includes statuary interest under S.69 of the County Courts Act 1984. I am in the process of filling in the defence online but I'm not sure how to phrase my defence
  10. Name of the Claimant ? lowell Date of issue – 18 March 2021 Particulars of Claim What is the claim for – 1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx. 2. The defendant failed to maintain contractual payments required under the terms of the account agreement 3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31 The Claimant claims the sum of £1610.71. What is the total value of the claim? 1795.71 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give Yes Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give NO When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? If i did enter into an agreement I dont remember Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Had a pre payment meter no payments to be made What was the date of your last payment? Give answer here Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No
  11. I'm sitting here trying to fill in a defence on the Money Claim Online over a CCJ claim form received from Lowell. I've tried to find some help on this forum but can't find anyone who's experienced the same issue. Long story short. 4 years ago after a failed suicide attempt I left hospital and moved in with family, I never returned to my home. I moved a couple of times and now live with my husband at our address for the past 2 1/2 years. Out of the blue I received a letter demanding money from Lowells and another from Lucas Credit, yes I should have called but just stuck it at the back of my mind. Now the have made a claim through the county court for an outstanding debt to British Gas for £1795.71 this includes statuary interest they are adding on. They're claim states I failed to maintain payments under an agreement, but our home had a pre paid meter. I want to defend this but I need to know how. Have I left this too late. We don't have any debt and my husband has a good credit record but we are not wealthy and can't really afford to repay this quickly if we have to. Anyone help?
  12. Hi I have been ordered to pay £1435.00 this includes £219.18 for the Official Receivers, which I had expected to pay, there is no breakdown of the remainder other than creditors costs.
  13. Hi sequenci Appreciate this, your the first person in god knows how many I have approached thats took the time to reply. The thing is these charges are not charges included in the bankruptcy, they are charges that were added after the bankruptcy was granted, but the bankruptcy was annulled because it should have not been made, so I cant help thinking if the bankruptcy should not have been made why do I have to pay charges? I need a solicitor but its a minefield trying to find someone who will help me fight this. Tommy2000
  14. On May 15th I had a bankruptcy order against me annulled, but, I still have to pay over £1400.00 in charges. Quick overview, due to husband ill health got in arrears with council tax. Our income dropped from £3000,00 to £720 per month. At the original hearing on January 18th I presented my case with documentation of my husbands illness and income. The Judge was not impressed and ordered that the money be paid in 56 days. We had no chance of raising the £1600+ so when the date arrived for it to be paid we borrowed it from a relative. It was paid on the morning of the hearing at 9:20am, the hearing was at 11:55 am. I faxed the receipt and covering letter to the court as hospital commitments were foremost. I was made bankrupt anyway even though this was paid. I applied for a annullment and this was granted but the Judge ordered that the charges levied by the council must be paid and gave a further 56 days to pay it. This is in excess of £1400.00. It might as well be in millions as our situation is the same as it was 6 months ago and now time is running out. When I was made bankrupt it was advertised in the London Gazzett and my local paper and I had hundreds of letters from companies offering help so after the annullment and I was still asked to pay charges even though I had repaid the debt I contacted a few of these companies for help and advice not one of them has replied. Time is running out and I dont know who or where to turn to for help/advice I cant afford a solicitor but I really do think this is wrong.Council still chasing Please if there is anyone out there with any advice I would be ever so gratefull.
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