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just_jue

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About just_jue

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  1. Hi, my OH has just received a letter from Ruthbridge. She has a DMP with step change and been paying it for years now. This letter is offering her a discount of nearly £700 off her total that is nearly £950. The OC was Black Horse - Motorloan. This has made me think that there must be something wrong with the agreement if they are offering this. What would be the best course of sction?
  2. Just received a letter from the solicitor saying they still haven't been able to provide us with a full response and have returned the case back to oc and communicate with them in the future.
  3. Hi, just had a N180 for arrive. Just to make sure I get it right: A1. Yes to mediation C1. Yes to small claim track D2. No to expert D3. No to witness Still had no paperwork that I asked for.
  4. Just received two letters, one from Robison way saying they are awaiting the documents for my CCA request and the account is on hold. And another from the solicitor saying they will proceed with the claim, but saying the client will consider any reasonable proposals either by lump sum or weekly instalments .
  5. Defence uploaded now. Thanks again JJ
  6. Brilliant thank you. It has to uploaded before the 4pm 22nd, is there anything else I could add at the moment?
  7. 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
  8. 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?
  9. 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
  10. 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.
  11. 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
  12. 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
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