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    • Oh yeah, I messed up the numbering. So should I keep paragraph 1-3, then use my original ones for the CCA? No CPR / NOA or DN. Thank you for your patience. I don't really fully understand all this legal stuff.   Revised draft 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 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 had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.    2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.    4. On the 04/08/2018 I sent a formal request for a copy of the Credit Consumer Agreement to the Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. <---- do i need to delete 77 or 78? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the agreement and that any account they had was unenforceable so therefore the Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.    Thanks
    • Ok, you haven't got the set aside yet so you can't file the 'full blown' defence we would normally file upon receipt of a claim form, you need to await the set aside and if a subsequent hearing is requested to file what you have.   your 1st no.5. Is about the only relevant bit above. But no a cpr is not a cca and you didnt send a cpr or any other request for noa or dn?   DX
    • DRAFT 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 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 had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.  4. On the 04/08/2018, I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. <<- is this the CCA request? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the original agreement and that any account they had was unenforceable so therefore, the Claimant has failed to date to respond to the CPR and remains in default of the section 78 request. <<- their response to CCA request 3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment / balance / breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant should prove the allegation that the money is owed. 5. 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 credit 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. I believe the facts stated in this Defence are true.
    • just copy and past the text into a msg box here then its far easier to edit/quote for us please   dx  
    • Hi dx   Thank you very much. That has been a great help. I have been searching the forum, but wasn't finding anything that I thought was relevant to our situation.   Find attached v2 of draft defence.   Have I missed anything? are the other documents ok?   Thanks cag-ddv2.pdf
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keren29 v Associates (citicards)**Defence Struck Out**


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  • 2 months later...

Think they lodged an objection to the original judgement, and that the case goes again before a judge at the end of the month.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 months later...

ok, due to the prying eyes, I've not updated my thread so Brian isn't alerted to him not doing as ordered by the Court.

 

However, to all those who are worried about their bullish claims about victories

 

Citi have had their DEFENCE STRUCK OUT for my claim

 

They did not comply with a previous order to provide information and have been ordered to pay me the full amount I am claiming within 14 days.

 

Glass of red for me I think........

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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We'll see if he pays up. Otherwise I'll be sending a friendly bailiff in :D

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Had alot on, but think i'm gonna have to chase up my claim with Citi as they have defaulted on the full disclosure order... and haven't heard from the court since sending a letter requesting judgement about a month back.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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definitely Enron. Go for it.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Well done karen another win against Citi.

 

Citi where ordered to pay me within 14day, they never did get the application for a warrent ready to sent the bailiffs round.

 

Well done Karen another win against Citi.

 

Citi where ordered to pay me within 14 day, they never did ... best get the application for a warrant ready to send the bailiffs round.

 

I soon got my money when they arrived ...

Citi Cards - £800 - N1 Form logged at court

Defence entered

£279 refuned £521 outstanding on claim

Hearing 15th Nov 2006

Hearing 18th Jan 2007

Defence Stuck out - £549

March 07 Bailiffs called in to collect

20/4 Cheque for £549 - I WIN

 

Abbey - Setteled in full 9th Nov 2006 £3,300

 

Abbey - Data Protetion Act informtion

ICO complaint logged

 

Abbey - N1 Logged - 12/02/2007 £933

FOS Complaint logged 07/03/2007

£180 refunued -Good will Gesture 01/04/2007

Hearing 15th June 2007

 

Capital One Refunded £50

 

Egg - Data Protection Act request

Returned charges £80

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Please can my thread title be changed to reflect Defence Struck Out please.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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excellent news keren - wonder if Citi are going to amend their standard letter and quote your case amongst the "twelve" that they famously say they have won.........NOT:D

 

Also has Brian has taken to stuffing a book down his trousers now that his a**e has been kicked a few times:)

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Great news, keren, it bodes well for those of us waiting in the wings!:)

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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today is 14 days after the date of the order of their defence being struck out.....

 

i'll give them until Saturday and then I'll be sending in the bailiffs

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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today is 14 days after the date of the order of their defence being struck out.....

 

i'll give them until Saturday and then I'll be sending in the bailiffs

 

 

Excellent!

 

Get your local paper to be there!

 

 

Jeff.

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HI Keren

 

Well what can I say apart from the regular CONGRATS. You have shown everyone on this site how to do it and do it well. You have remained calm and dedicated hrough times which you may have wanted to cave. You are a truly inspiration to us all. I was so enthralled with this thread i have taken 2 hours to read it and its links lol

 

I am in the process of helping ym brother with this company, altho we are only at the very beginning of the claim. I was intrigued with the secrecy and truly believe this helped your case, as they were unable to get hold of info via here ;)

 

Mr Smith et al.....let me introduce to you Keren aka CITIBASHER!!!!!!

 

Congrats again and treat yourself to something really nice....you deserve it xx

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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well, funnily enough :rolleyes: ...........no money received.......

 

.........more than one way to skin a cat though.......:cool: watch this space.....

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Looks like they are getting to go through the whole process - from start to bailiffs.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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there's just a little step in between.........;)

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Once we have a few wins, which eventually this will be it might be worth going to the press. Morsy has already won.

 

Especially in the light of the well publicised Lloyds TSB victory yesterday.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 weeks later...

Result!!!

 

I put an N244 into the Court and requested the money they were holding (after the hearing in October when Citi were ordered to pay my claim into Court) and I've had an order today saying that

 

'The funds now in court totalling £530.61 be paid out forthwith to the Claimant'

 

I've been asked for (and given) my bank details for the transfer to happen.

 

I think that can be classed as a

 

WIN

knew I'd get there in the end...............

:D

  • Haha 1

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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