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Cca Request How Long Should I Wait


curlyblonde
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Hi Michelle

 

P.O.C particulars of Claim word for word as on the summons

 

 

Quote "if i did not open them i didnt have to deal with them" Lessons to be learned then Michelle:rolleyes:

 

If you cant rememeber ever recieving a DN then no problem we will fudge around that for now

 

Regards

Andy

 

OK ill get all details tonight when i get home and type it up either tonight or tomorrow morning,

 

and yes you are right about the lesson learnt, i wont be doing it again, ill be sorting out my finances properly without brushing them under the carpet

 

thanks Andy

Regards

CB

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Hi andy i have typed below the details of the poc

Particulars of Claim

The Claimant claims money payable by the defendant to the claimant for the price of goods supplied. Full details of which have been delivered to the defendant.

And the claimant claims

1. The sum of 248.34

2. Interest pursuant to S69 of the County Court Act 1984 at the rate of 8.00% from 21/11/06 to date hereof 567 days is the sum of 30.84

3. Future interest accruing at the daily rate of .05 for costs

and the date of the poc is 12th june, so my last date is 14th july

 

thanks

CB

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Thanks for that Michelle

 

Ok leave it with us and we will have somthing prepared in time for your Defence submission .Just update if anything transpires in the meantime.

 

 

Regards

Andy;)

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Thanks for that Michelle

 

Ok leave it with us and we will have somthing prepared in time for your Defence submission .Just update if anything transpires in the meantime.

 

 

Regards

Andy;)

 

thank you Andy :)

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Ok Wayne here is the proposed defence

 

You will have to confirm the dates highlighted in red.Michelle never confirmed them to me.Once you have completed them this needs to go Spl Delivery vis a vis the address on the summons nothing less.Keep proof of postage.

I hope Michelle makes a speedy recovery from hospital and that everything will work out fine.

 

 

Claim No

Curley Blonde V J D Williams

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DEFENCE

 

 

The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

No account number is detailed on the claim form to identify the Defendant as the holder of an account with J D Williams or as someone owing monies to the same. I would therefore contend by reason of want of particularity that the Claimant’s case is entirely spurious and unless amended in compliance with the Civil Procedure Rules, can and should be struck out pursuant to part 3.4 of the same. The remainder of the Defence is pleaded without prejudice in respect of the issues raised by the Claimant in the Particulars of Claim.

 

The Defendant denies that she is liable to the Claimants as alleged in the Particulars of Claim, or at all. On the XXXXXX, a request for a true copy of the alleged agreement was sent to the Claimant’s Solicitors. The request was made under section 78(1), running account credit, of the Consumer Credit Act 1974. It was sent by guaranteed next day delivery with the requisite £1.00 fee enclosed and received by the Claimant’s Solicitors on the.The Claimants had twelve working days from receipt of the request in which to furnish a credit agreement, as stipulated in Regulation two of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983, which gave them until the XX XXXX2008 to comply.

Further to the case, on 17th June 2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person (a copy of the request is attached to this Defence.

 

Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement

It is neither admitted or denied that any Default Notice in the prescribed format was

ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

In respect of the details a Default Notice must contain, it is therefore entirely legally invalid. It will therefore amount to unlawful processing of my personal details and a breach of the Data Protection Act 1998, if a Default has been registered with any of the Credit Reference Agencies on the basis of a legally invalid Default Notice and furthermore, one that was never received.

Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists.Having instigated these proceedings without any legal basis for doing so and allowing the case to continue; The Claimants’ conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

 

 

Statement of Truth

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed.....................

 

Date

 

 

Regards

Andy;)

Edited by Andyorch
typo

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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