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About just_jue

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  1. Defence uploaded now. Thanks again JJ
  2. Brilliant thank you. It has to uploaded before the 4pm 22nd, is there anything else I could add at the moment?
  3. Hi, still nothing from my responses from either parties. I have been working on my defence: Particulars of Claim 1.The claim is for the sum of £5450.73 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 Portfolio Holding 2 Ltd (EX Aqua) to the claimant and noticed 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 £5450.73 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. The Claimants case is denied. Whilst I have had dealings with Aqua 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 25/02/2019. Further to the above I sent Hoist Portfoilio Holding LTD a section 78 request via 1st class recorded post on 25/02/2019. 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. Thanks JJ
  4. Did you get any proof of postage from the Post Office when you sent the item? Most item through Royal Mail have some tracking that let you know the item has been put out for delivery. It isn't like signed for. Did the buyer open a case through eBay or straight to Paypal?
  5. Finally had a response saying they are compiling a response to my points raised in the PAP and the case is on hold will they sort this out. Do I just wait or is it best I send them a letter? JJ
  6. Didn't British Credit Trust take some of the deposit off the insurances that was paid off the original agreement, that they weren't allowed to do? I've been in dispute since 2010 regarding hidden broker fees that weren't disclosed to us.
  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. Just to give you an update. I spoke to my credit card company and they claimed the £40 back from the retailer and they didn't contest it so finally got the money back I was promised
  9. Just had confirmation from the solicitor that they have my CPR request and are retrieving the documents, and will grant a further 14 days once they have sent all the documents.
  10. Hi, still had no confirmation back from them, and they keep ringing 2 or 3 times a week. P.S like the new layout
  11. Thanks DX, Both letters sent
  12. Hi, just had this arrive over the weekend In order for us to help you we require the following information:- Name of the Claimant ? Hoist Finance UK Holdings Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19th Feb 2019 Particulars of Claim The claim is for the sum of £5xxx.xx in respect of monies owing under an agreement with the account number: 12345 pursuant to the consumer credit act 1974 (CCA). The debt was legally assigned by Hoist Portfolio Holding (EX Aqua) to the claimant and notice has been served. 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 £5xxx.xx 2. costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A What is the total value of the claim? £5xxx.xx Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After 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? Not sure Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Down turn in business What was the date of your last payment? Mid 2018 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? Was in DMP but had trouble with them. Thanks
  13. The one that you recommended I sent along with the CCA request
  14. No only just sent the form back to them
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