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    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  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. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply. 3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974 4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant. 5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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; and (b) show and evidence the nature of the breach and service of a valid default notice; (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; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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. 8. 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, Molly,  
    • read the letter it says our client...   everything else is explained in that other thread or any CLI thread gere . use our search..   a dca IS NOT A BAILIFF
    • I did read the thread, but the advice was "don't pay" - and the original poster didn't come back to say what had happened in the end.   unclebulgaria - the DCA does have a copy of the official speeding notice.
    • I don't need to see a picture that has nothing to do with me. You may scoff if that makes you feel good but no one in their right mind would knowingly "contravene". I most certainly am in my right mind. The fact is I obviously needed to turn right but definitely would not have risked a fine if I had seen the sign. I'm not into donating my hard earned money to greedy councils. 
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eggbound

Bryan Carter offering out of court deal

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The account has not been sold. No NOA. Just a bunch of statements dating back from 2001, Egg never posted out any statements so this is the first time we have seen any "evidence" They will make interesting reading when the Christmas telly becomes too boring!

There is an address and a date on the agreement. Still waiting to get to my scanner. But the agreement looks similar to post link above.

The Default notice has no personal details whatsover. I think that this will be the clincher.

Edited by eggbound

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Sorry.. I have a bee in my bonnet today, BC has asked for small claims but the figure is well over the £5K.I thought that 5K was the limit.We asked for fast track. Perhaps BC doesnt want to risk the fee involved for fast track as we have no Default notice apart from a standard template for one!:confused:

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You are entitled to ask for fast track, and although it's at the judge's discretion, it's highly likely you'll get it. Carter simply doesn't want to pay the extra cost of fast track. He would almost certainly need your permission to go small claims.

 

Fast track means you can ask Carter for everything, practically down to his underpants (urgh!). The level of disclosure is much greater, and that would, I think, benefit your case as you could make all kinds of demands for relevant documents.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Ahh! Thats why he wants small claims then. I think he is taking the P***, first off he has up until today waited all this time to send any documents, although I stated on my AQ that he was asked for this as soon as he instigated the N1. They arrived within 2 days of his delayed AQ which would have been struck out on Wednesday! We have not been able to issue a full defence because he witheld the evidence. I stated this on a covering letter to the District Judge which has been noted along with his "Do it or I will stike out your defence" letter!

Is it too late to apply for this case to be struck out on these grounds and also on the grounds that there has been no legit Default Notice issued.

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Here are the links for the Agreement and Default Notice

Edited by eggbound

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Can't read them... can you make them bigger?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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The data fields fro the dates on the DN only state . Does that mean there is only one entry for date? Not one that says even? In any standard database system, that template would insert the same date at every point it says !

 

It gives no indication of the period between the dates so you can not be sure - and neither can they - if the time given to remedy the default was sufficient.

 

No doubt they'll produce a screen grab from their system saying it was definitely sent, and that of course it's 18 days to remedy...

 

Did you ever receive the original, ie. have you got it?

 

Also, have you read this yet, by the brilliant pt2537?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

Edited by DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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