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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, 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 pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (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;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Weightmans/HFC County Court Claim


Hopeful1
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Thank you. It takes me a while to get my head around things, but once the info's in i'll be fine :p It was just having the AOS hanging over my head - i'd logged onto moneyclaim 3 or 4 times last night, but wasn't sure which box to tick - it was really bugging me!!

 

Anyway, must go to my last appointment of the day.

 

Your input and consideration is really appreciated :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Oh, i have done the AOS now!!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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(((hugs))) try to get a good night's sleep tonight xx.

 

I know how you feel, I was in a real state when I first got my court papers as well. Part of how you feel is being incensed by the fact that they dare try to take you to court when THEY are the ones in the wrong and YOU have done everything correctly and professionally in requesting specific information, but have been ignored :mad:... that was what spurred me on in the end, determination to show SC&M up for the incompetent pillocks they are...sounds like Weightmans are just as bad!

 

Paul your advice is always so helpful, and its comforting to us all to know there are peeps like you out there! I shall give you a click ;)

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Paul I can't give you a click as it says I have to spread it around a bit at the moment ...but a big thank you for all your helpx

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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(((hugs))) try to get a good night's sleep tonight xx.

 

I know how you feel, I was in a real state when I first got my court papers as well. Part of how you feel is being incensed by the fact that they dare try to take you to court when THEY are the ones in the wrong and YOU have done everything correctly and professionally in requesting specific information, but have been ignored :mad:... that was what spurred me on in the end, determination to show SC&M up for the incompetent pillocks they are...sounds like Weightmans are just as bad!

 

Paul your advice is always so helpful, and its comforting to us all to know there are peeps like you out there! I shall give you a click ;)

 

Love SG x

 

You have hit the nail on the head re how they have incensed me. That's why i was up at 6.30am faxing a complaint!

 

I also 2nd your support for Paul and the others who spend so much time helping people like us through difficult situations. Their help really is invaluable :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful

 

I just searched out and read your thread from your reply on my thread about HFC taking me to court.

 

Going by what you have said about already CCA'ing them, and also the fact that they have already stated they do not have any documents, then as Paul says, I don't think you will have too much to worry about (except that it should all have been unnecessary).

 

Personally, I haven't failed to get a good nights sleep since finding CAG several months ago! Prior to that I did used to sometimes worry about everything that was occurring regarding DCAs etc.

 

I'm sure everything will turn out to be OK for you with this case, and that you will be in a strong position when it comes to court, if it gets that far.

 

Good luck, and don't lose any more sleep over it ;)

 

Rob

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Hi Rob - thank you for your encouraging post. My panic has subsided now i've acknowledged the stupid thing.

 

I have an overriding feeling of pee'd-off-ness that they can take things this far. I am excited in a way about how it will turn out.

 

I will wait to see what they provide under the CPR which they should have received now. *Note to self - check on PO tracking service!

 

I've just rung the court and confirmed i have until the 19th March to submit my defence. Unbelieveably i have been called as a witness in a work related case, so need to focus on that 1st, as it's the beginning of March.

 

Thanks again for posting - best wishes ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful, just read your thread and wanted to add some support - I am currently going through the same with HFC / Weightmans - they did not reply to my CPR request and to date I have still not received the information from them despite the Judge ordering it to form part of their disclosure.

 

I hope that it all goes well for you

 

Bennieee

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Hi Hopeful, just read your thread and wanted to add some support - I am currently going through the same with HFC / Weightmans - they did not reply to my CPR request and to date I have still not received the information from them despite the Judge ordering it to form part of their disclosure.

 

I hope that it all goes well for you

 

Bennieee

 

 

:D Hey hey!! That is good to hear. Thank you for posting that info.

 

When did your case begin?

 

I really must go and get some work done, but will be back later.

 

Good luck - though it sounds like it could very well go in your favour.

 

It is frightening how many people this is happening to.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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This info below is taken from Weightmans website. In my opinion, it sums up their use of the court system as a quick fire option to recover money from those not aware of their rights.

Debt recovery

 

Process led, proactive recovery of volume debts from individuals or businesses, using award-winning case management systems.

 

Credit control is a crucially important area of business management. Prompt, efficient collection of debts is essential to maintaining a healthy cash flow, and serious financial problems can result when debtors delay or default on payment.

Weightmans' Debt Recovery service addresses these problems directly and provides highly cost-effective solutions based on proven methods and skilled procedures. Our fully trained, 40-strong team boasts an exceptional record of successful debt recovery in all sectors of the economy.

Our systems have been specially developed to make the process as simple and rapid as possible. As a client, all you need to do is instruct us electronically; this allows us to capture the data and produce a case plan immediately. Then our pre-litigation team conducts a detailed assessment of enforcement options and embarks on dynamic negotiations to secure payment without the delay and expense of litigation.

Achieving early settlement means we need only issue court proceedings in 20% of cases. These are effected via the County Court Bulk Centre in Northampton, which ensures an expedited service and a discount on court fees. We are expert in all forms of enforcement, and we have had particular success with charging orders and attachment of earnings orders.

We also have a specialised insolvency team, who progress appropriate matters from statutory demand through to the realisation of assets by our appointee as trustee in bankruptcy.

Our approach is professional, efficient and process-driven. We understand that there are different levels of sensitivity regarding collection methods, and we respond to your preferences and requirements at every stage.

Above all, we have a culture of constant improvement and dedication to client satisfaction. Data capture and prediction of percentages of debt collected are essential parts of our service, and our client reporting system has achieved an award for innovation.

"Extremely professional, amiable and friendly....."

Chambers 2007

 

 

Debt recovery

 

Client: Major UK unsecured lender.

 

Issue/Claim:

Our clients wished to improve the status of their unsecured book by obtaining charging orders in the County Court in order to secure high volumes of debt.

Weightmans’ Investigation and Action:

We set up a bulk service at discounted rates with the Land Registry, which could be operated via electronic instructions. In the process we established that the percentage of home ownership on referred cases was significantly higher than our clients’ own data suggested.

We then implemented a highly processed workflow system to expedite litigation, and trained six members of our clients’ team to deliver an efficient, quality service.

 

Result:

In twelve months, 1200 charging orders were obtained, securing over £10 million of our clients’ debt.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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^^ that does make interesting reading - my case started in July last year when a SD was handed to me - I got it set aside and am now nearly at a court date - pre trial checklists are due in next month so just waiting.

 

I really hope that it does go okay for you - I know that there have been times when it has felt so overwhelming and stressful.

 

bennieee

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Hiya Hopeful1 :)

 

Well I have had a good laugh, nearly choked and spashed my coffee all over the keyboard at reading this! They should be prosecuted under the Trades Description Act pmsl ...

 

 

 

 

Our fully trained, :lol: 40-strong team boasts an exceptional record of successful debt recovery in all sectors of the economy.

 

Our systems have been specially developed to make the process as simple and rapid as possible. (We don't do complicated!) As a client, all you need to do is instruct us electronically; this allows us to capture the data (read your email we mean, but this sounds a bit posher!) and produce a case plan immediately. (A scrap of paper with a name and number) Then our pre-litigation team (the spotty youth at the end desk playing Solitaire on his pc!)conducts a detailed assessment of enforcement options (makes a note of the name and phone number of who he's going to harrass) and embarks on dynamic negotiations (phones up and says pay up or else) to secure payment without the delay and expense of litigation.

Achieving early settlement means we need only issue court proceedings in 20% of cases. (but this percentage is likely to substantially increase now people are getting wised up to our tactics) These are effected via the County Court Bulk Centre in Northampton, which ensures an expedited service and a discount on court fees. :eek:We are expert in all forms of enforcement, and we have had particular success with charging orders and attachment of earnings orders. (John at the desk near the door got one of these last year and won Employee of the Month!)

We also have a specialised insolvency team, (the other spotty youth eating a McDonalds and listening to his Ipod!)who progress appropriate matters from statutory demand through to the realisation of assets by our appointee as trustee in bankruptcy. (dunno what this means but it sounds good so we will say it! LOL)

Our approach is professional, efficient and process-driven. We understand that there are different levels of sensitivity regarding collection methods, and we respond to your preferences and requirements at every stage.(Rude, Very Rude, Extremely Rude, and Downright Ruddy Ignorant!)

Above all, we have a culture of constant improvement and dedication to client satisfaction. (We are grabbing bar stewards with no scruples)

 

 

 

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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SG - How funny are you?!! You have tickled me, thank goodness i didn't have a coffee in my hand :grin:

 

In short, it's a load of poop isn't it?

 

I'm not going to detail anything, but 1 of my complaint's has been acknowledged. It doesn't mean anything will happen i know, but it will be investigated, which is a good start.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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hey hopeful,

 

just to show that we do win a few cases

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/122389-1st-credit-ltd-summons-4.html#post1390340

 

thats one that i wrote the defence for and i have just had confirmation that 1st crud have given up

 

so im just trying to say,dont let the boogers get you down

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subscribing..

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Paul - you really are so kind. Earlier i read a negative comment about the input given by site helpers / mods. I shall be posting your post as a example of just how much extra you put in.

 

Would you believe i have been slaving away on a report for the last 4 hours as i am a witness in a work tribunal soon, i now need to prepare for my little one's birthday (hanging ballons is far easier than report writing tho!). All i want to do is sleep :roll:

 

Hi Davey - thanks for subbing :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thank you Hopeful

 

I just wanted to show that we can beat these unscrupulous DCAs and those who choose to be ignorant of the law

 

i am sure we can put together a defence for you, and from what i have seen i am sure that , providing you are coached the correct way you will have no problem taking this before the courts

 

keep a positive mind, worry about your kiddie as that is top priority, i have 2 myself and they come first over everything else

 

when you get to 7 days before your defence is due , please PM me and remind me, then i will fire up the lap top and draft out a defence for you

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Thank you again. I have read so many of your posts since joining this site, i have complete faith in you. I know it is down to me to ensure i understand it all and i'll do my best to present it correctly - i can but try. The underlying factor is they are in the wrong, i just need to show that!! I'll be fine and will certainly remember to PM you nearer the time ;)

 

Anyway, where are those balloons... :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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florists_australia_balloons_001.jpg

 

There ya go :D Balloons an' bears, what more could you want :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi ya BB - somehow i've missed your last post - but thank you for such a cute picture!

 

I just wanted to update. I received an acknowledgement last weekend from Weightmans regarding my 'undated letter' (tiredness had obviously got the better of me) that was requesting information (my CPR) - they are asking their client for the info. Not received anything as yet.

 

So, i shall wait a little longer, as my defence doesn't have to be in until the 19th.

 

:)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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No worries and have a great weekend :)

 

*hugs*

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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No worries and have a great weekend :)

 

*hugs*

 

You too!!

 

TS have written -they are not interested in complaint. They've said it needs to go to FSA but only once i've followed HFC's complaints procedure "to the letter". Oh well, whatever it takes :rolleyes:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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It's a great shame that TS departments mostly ignore the fact that DCAs commit a criminal offence after non comp. of CCA request after the 12 + 2 + calendar month deadlines. Why they do this is a mystery :confused:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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It's a great shame that TS departments mostly ignore the fact that DCAs commit a criminal offence after non comp. of CCA request after the 12 + 2 + calendar month deadlines. Why they do this is a mystery :confused:

The most probable reason is funding, if they prosecuted every creditor who failed to comply with 77,78 & 79 then the cost would be massive and due to limited funding which Trading Standards get its simply not viable

 

however that said, always press your MP and push the issue with TS never accept their first decision, write in and complain if they fail to act in the first instance

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Always comes down to money, doesn't it :(

 

A good way of doing it would be for TS to collate all the complaints against various DCAs and prosecute en masse from a central fund.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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