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spergen

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spergen last won the day on October 28 2019

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  1. I will wait until I have something in writing from the courts, will call tomorrow then post up and hopefully this can then be moved to th e success thread
  2. Update Still nothing in the post or on MCOL, I assume with no reply to my defence it is now stayed?
  3. Another update, Still nothing, I assume they have 28 days + 10 to respond from the court sending them the documents? So if I got my letter from the court for my defence on the 8th jan that will be a cut off point on the 15th Feb?
  4. Update Received a standard letter from the Court today acknowledging receipt of my defence dated 28-01-20 Usual 28 day period for claimant to reply
  5. Ok so this is the defence I filed today What is the claim for – 1.By an agreement between Bank of Scotland and the defendant on or around 15/12/2008 (the agreement) Bank Of Scotland agreed to loan the defendant monies. 2.The defendant did not pay the instalments as they fell due & the agreement was terminated. 3.The agreement was assigned to the claimant. The claimant therefore claims 1. 4660.00 2. Costs Proposed 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, in the past had financial arrangements with Bank of Scotland, however I do not recall the exact details or am I aware of any outstanding balance. I have requested the claimant verify the details of this claim by way of a CPR 31.14. The claimant has failed to comply. 2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 4. On the 17th December 2019 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 5. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the breach and service of a Default Notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  6. Right a few extra bits of information, I set up my £1 standing order to original creditor (Bank of Scotland) way back on 12/11/2009, this ran until sometime in 2017. At no point did I swap to whom this was being paid. Now if Cabot purchased this alleged debt on 24/06/2013 is this alleged debt not statute barred seeing as I have made no contact or payment to them ever? Secondly and I hope this is a smoking gun I have received within the Mortimer Clark bundle a copy of all my alleged payments to Cabot from 12-04-2013 till 12/12/2018, firstly in the two columns marked Debits and then Credits it shows a £1 payment for each month, but every now and again whoever typed this up has put the £1 in the wrong column and is showing it as a debt not a credit, furthermore it shows an adjustment figure of £50 in the credit section. Then 7 month later a transfer of £50 into the credit column too? Thirdly and I really hope this is good I have a statement of account from Cabot dated 07-02-2016 listing all the alleged £1 payments from 19-02-2015 until 18-01-2016. Now having looked through all 16 alleged payment NONE of them tie in date wise with the Mortimer Clark documents from Cabot ! Hope all this makes sense? If not I can scan in and post up a PDF
  7. There is no account number in the POC, I wrote verbatim. There however is the correct original Bank of Scotland account number in the letters Mortimer Clark sent me before the Claim. Thank you Andy I shall edit mine to suit the similar one from this.
  8. Thanks Andy Good job I didn't manage to get to the post office today !
  9. I shall do that tomorrow and send off with proof of posting, do you think I should bother with a short covering letter? Again thank you for all your amazing help, another donation is on its way later in the month. Just need to sort the other blood suckers out now from my other thread !
  10. Would have to PDF a screenshot though as nothing to download would that be ok ? Ha, yes I would love to see their faces but assume the workers are just everyday people on minimum wage that don't give a sh.....t? To be fair I assumed it odd I have not received anything in writing from the courts? Thought they would send something like this out?
  11. Yes have logged on but there are no documents pertaining to the case being withdrawn. Only AOS and defence. There however is a chronological list under the notes section but that only says:- Notification that the claim against you was discontinued was received on 30/07/2019 at 19:08:13 Would it be advisable to contact either the Courts or Cohen asking for the document in writing or email? As I stated earlier have never received anything in writing hence having to call the Courts direct.
  12. No, I was waiting for a mediation call but never received one so contacted the Court via phone and they advised me the case had been withdrawn. Have never received anything in writing from anyone
  13. Am willing to scan letters and send direct to you if this is a first and you would like real confirmation?
  14. 100% sure I have the letter in front of me. Actualy I didn't even notice it was a different blood sucker, have double checked and yes my information is correct. So to confirm Hoist took me to court and lost and have just received a letter out of the blue from Cabot demanding the same debt
  15. Have butchered my defence from my other claim as a starting point, anyone feel free to advise/amend 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. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Bank of Scotland. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request. 3. Paragraph 2 is noted that the debt was legally assigned by Bank of Scotland to the claimant. The Letter of Assignment was received on the 08th July 2013 but since that date have not received a notice of default etc until the Letter of Claim dated 05-December-2019 4. Paragraph 3 is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement . 5. On the 17th December 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. 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 (c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974. (d) 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 and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Yes I sent these off with the notice of assignment on the 17th
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