Halifax Taking Me To Court

[wish me well]

Obviously different debt, I spoke too soon earlier in this thread by saying all the others had left me alone.

 

Dam n blast

 

roger rabbit

[The Mould]

Oh dear, you have enough on with this one!!

 

sorry.

 

Its Howard Cohen

 

Notice of assignment (heading)

 

No pre-action protcol I have 14 days (23rdApril) to respond to the Court claim that has already been issued this was on the 9th of April

 

Sxxt eads

 

again to all I apologise for my language

 

OK, give me the whole nine yards on it.

 

Roger

 

Kind Regards

 

The Mould

 

PS. I am missing the midnight club already, never mind, I think it will be open for business on Friday Night.

[wish me well]

Well its a store card

 

I SAR'd same time, no cca just application form (I got this off a kind young man who I spoke to on the phone, he just sent it out for me) but because this is in my maiden name they refused to send anything else, cashed the blxxdy £10 though!!

 

Anyhuw I sent a letter and copy of mariage cert, ( they already had one just never did anything with it) and this was just ignored completely so I didnt pay a bean. It got passed to Viking, again I ignored, today got this letter, it really is appauling!! I have been reading up and this is standard practise, so there it is ta dah Actually its not, the court papers normally arrive before the notice of assignment! what a joke!

 

Rabbit casserole, errrrgh

 

roger

 

Midnight, whos said midnight, I didnt mention midnight, did you mention midnight, no I can say I did, and its midnight did you say!! OMG Honestly I swear it chubbs I never did not ever told and say anything mushroom, bucket clubs!!

 

Oh dear I think I need elp......................E LLLL UUUU P!

Edited April 15, 2010 by wish me well

[CBR600F]

Every day I used to stress over the post.

 

Now I just kind of look forward to the next one.

 

Some of them are so pathetic it brings a smile:D

 

One my wife received recently recently went along the lines of you have enjoyed the benefits of goods etc etc

 

Well they get a percentage anyway and have enjoyed mega payments for interest!

 

 

Another one from Robinsonway (I Think) said there had been unauthorised transactions on an account and to phone them immediately!

 

Just how dumb do they think people are! Don't answer that as we are or have been dumb by getting into these agreements(?) in the first place.

 

Never again:mad:

Edited April 15, 2010 by CBR600F
Seplilng

[The Mould]

Well its a store card

 

I SAR'd same time, no cca just application form (I got this off a kind young man who I spoke to on the phone, he just sent it out for me) but because this is in my maiden name they refused to send anything else, cashed the blxxdy £10 though!!

 

Anyhuw I sent a letter and copy of mariage cert, ( they already had one just never did anything with it) and this was just ignored completely so I didnt pay a bean. It got passed to Viking, again I ignored, today got this letter, it really is appauling!! I have been reading up and this is standard practise, so there it is ta dah Actually its not, the court papers normally arrive before the notice of assignment! what a joke!

 

Rabbit casserole, errrrgh

 

roger

 

Midnight, whos said midnight, I didnt mention midnight, did you mention midnight, no I can say I did, and its midnight did you say!! OMG Honestly I swear it chubbs I never did not ever told and say anything mushroom, bucket clubs!!

 

Oh dear I think I need elp......................E LLLL UUUU P!

 

OK, first thing I need to know, did you sign for this letter, the notice of assignment, this is important.

 

Come back, roger

 

Kind Regards

 

The Mould

[wish me well]

me sign nothin!!

 

It a notice of assignment AND a letter before action ALL IN ONE doesnt a notice of assignment need to be signed by the original creditor and the newbie takin over? I read something bout that, but I may be wrong.

 

The envelope isnt marked PRIVATE AND CONFIDENTIAL trival but I thought it needed to be ?

 

Its not from the newbie firm which is CL Finance Ltd but from the solicitors acting for them, Howard Cohen

 

The court papers will prob arrive tomorrow, thats 5 days from date issued!! amazing. arrrrrgh arrrrrgh harrr dii harrr ha

 

I'm back, roger.....ccrsssssssh

[wish me well]

I think there maybe a rumbling in the creditors world, seem all to coincidental that one starts then another oh no theres about 7 more that could come back n bite me bottom do you think they use morse code??

[The Mould]

Another thing, what about a default notice, and what about that agreement, is there one or not?

 

Right,

 

Assigning a debt or benefit of Contract?

 

It is important to first provide the debtor with a notice of the assignment!

 

In principle, the benefit of a contract can be legally assigned without consent, provided there is no express prohibition on asignment or, for example, a requirement that consent is obtained.

 

Where there is no restriction on assignment, the usual way of assigning the benefit of Contractual Rights is by statutory assignment. The assignment must be in writing, signed by the assignor, absolute (not purporting to be by way of charge only) and notice in writing must be given to the other contracting party (Sec 136, Law of Property Act 1925)

 

OK, come back to me, roger

 

Kind Regards

 

The Mould

[wish me well]

Another thing, what about a default notice, and what about that agreement, is there one or not?

YES THAT RIGHT NO AGREEMENT, JUST AN APPLICATION FORM, NO FINANCIAL INFO, 3 HEADING TERMS N CONDITIONS. NARDA AND DEFAULT NOTICE FULL TO BURSTING WITH CHARGES, I THINK THE WHOLE BAL IS CHARGES!!

Right,

 

Assigning a debt or benefit of Contract?

 

It is important to first provide the debtor with a notice of the assignment!

 

THIS LETTER STATES THAT WHAT IT IS, OH ITS ALSO THE LETTER BEFORE ACTION, OH WAIT NO ITS NOT, THEY HAVE ALREADY STARTED COURT PROCEEDINGS:eek:

 

In principle, the benefit of a contract can be legally assigned without consent, provided there is no express prohibition on asignment or, for example, a requirement that consent is obtained.

 

Where there is no restriction on assignment, the usual way of assigning the benefit of Contractual Rights is by statutory assignment. The assignment must be in writing, signed by the assignor, absolute (not purporting to be by way of charge only) and notice in writing must be given to the other contracting party (Sec 136, Law of Property Act 1925)

 

OK, come back to me, roger

 

Kind Regards

 

The Mould

 

Oh my goodness, its a mongoose army on the attack..... CHARGE

 

roger, come back roger,

[wish me well]

Whats the deal with the 3rd parties act. cant remember what its proper name is, Doesnt it say something about nobody but the original creditor and the debtor can enforce any part of an agreement?

 

I may just be way to tired and sprouting, (oh ere we go) I mean spouting rubbish, but just thought I would ask

 

How you doin

 

jimmy

[The Mould]

Oh my goodness, its a mongoose army on the attack..... CHARGE

 

roger, come back roger,

 

OK, Godzilla needed on this one.

 

Right, no agreement, no judgment, a court cannot give an order to pay for a debt if it cannot be proved by the claimant that a 'Live' contract is in legal existence.

 

Default notice, is it valid or not? Does it comply with the prescribed requirements of legislation contained in the CCA 1974 ACT?

 

Try and order those credit files.

 

You did not sign for this paperwork, that's good.

 

OK, boy oh boy, any more skeletons due for regeneration, are you that wizard from Jason and the argonoughts?

 

Blimey govnor, soon I will need to come off-line and finish that defence and post it up before morning, but that's alright for now, OK, you are going to defend this new one aswell, so like before we will need to go through every single detail of it, when the court papers arrive, just acknowledge and say your are going to defend the entire claim.

 

Come back to me, roger.

 

Kind Regards

 

The Mould

[wish me well]

OK, Godzilla needed on this one.

 

Right, no agreement, no judgment, a court cannot give an order to pay for a debt if it cannot be proved by the claimant that a 'Live' contract is in legal existence.

 

Default notice, is it valid or not? Does it comply with the prescribed requirements of legislation contained in the CCA 1974 ACT?

 

Try and order those credit files.

 

You did not sign for this paperwork, that's good.

 

OK, boy oh boy, any more skeletons due for regeneration, are you that wizard from Jason and the argonoughts?

 

Blimey govnor, soon I will need to come off-line and finish that defence and post it up before morning, but that's alright for now, OK, you are going to defend this new one aswell, so like before we will need to go through every single detail of it, when the court papers arrive, just acknowledge and say your are going to defend the entire claim.

 

Come back to me, roger.

 

Kind Regards

 

The Mould

 

eye eye captain,

 

I need to find all the paperwork out for this one, which I will be on to tomorrow morning!

 

I think the default is ok, but I would need to check it again, its been a while since I saw it and may have missed something, now I have more knowledge and help

 

Yup theres skeletons, lots of skeletons, I'd better get all my stuff together and ready!! Oh no, way now! ( i mean way now) or for god sake (i mean why now!!!!) and I mean oh!!

 

Do I need to walk the plank, are you considering jumping ship terrible!

 

DOUGH

[The Mould]

Jeeese, I am getting cold turkey symptons, I think I have become addicted to the midnight club.

 

I love you Homes, and you called me a fat old boy, don't you know how much that hurt me Homes, all these years Homes, oh how I desparately wanted to hold your hand during our long walks across the moors, you know Homes, when we were investigating those Hounds at barrymore Hall.

 

Are you going to say something Homes?

 

Yes Watson, I am going to say something, ' Drive on perkings, and don't spur the horses'.

 

Roger.

 

Kind Regards

 

The Mould

[wish me well]

 

Jolly good old boy, but rodger...really!!

 

[The Mould]

eye eye captain,

 

I need to find all the paperwork out for this one, which I will be on to tomorrow morning!

 

I think the default is ok, but I would need to check it again, its been a while since I saw it and may have missed something, now I have more knowledge and help

 

Yup theres skeletons, lots of skeletons, I'd better get all my stuff together and ready!! Oh no, way now! ( i mean way now) or for god sake (i mean why now!!!!) and I mean oh!!

 

Do I need to walk the plank, are you considering jumping ship terrible!

 

DOUGH

 

Jumping ship, absolutely not, I have every faith in this ship, I don't know if I have Told you or not, but this ship has already sunk 7 corporate battleships on these waters and I am not ready to moor her up yet, when her pupose is fulfilled then she can rest and at that time, I too will be resting as I will have of fulfilled my purpose.

 

YO HO HO, and a bottle of rum, shiver me timbers ye harties, make ready them thar sails, all hands on deck hold yourselves as we go into another battle against those pirates, and like before my brave men, I forbid you from taking any prisoners, sink them all, we will not return to port until the job is done.

 

Roger.

 

Kind Regards

 

Captain Mould

[The Mould]

PS. Tea break and smoke, back in ten.

 

Kind Regards

 

The Mould

[wish me well]

Spiffingly good show Jeeves

 

I agree Sir

 

Would sir like a nice cup of coco to finish

 

Finish what, Jeeves?

 

Well Sir, it has come to my attention that you maybe have.

 

Have what Jeeves, for god sake man, tell me what I have finished!

 

With the greatest respect sir, and this is only an observation, I believe you have.

 

Right, this has gone on long enough Jeeves, I wont ask again, exactly what does it appear, have I finished?

 

With the greatest respect again sir, I have to inform you, you have finished your business with Rodger Now shall I put the equipment away?

 

Silly silly

Edited April 15, 2010 by wish me well

[wish me well]

Right I need to sleep. I know, i'm a lightweight!!

 

You surely must need to get some zzzzz

 

As long as I post monday by special delivery I should be fine, I think. I also think I may need to start another thread about howard cohan so no one gets confused which one is being refered to in any one post.

 

Again thats a job for the morn, oh wait, it is the morn

 

I bid thee all fairwell

 

Goodnight everyone I'll be back later on

 

wish me well....over and out

 

roger!

[The Mould]

OOOOHHH, Miami vice is on, I really like that movie.

 

OK, wish me well,

 

Lets get the Halifax sorted out first, we can then send that off, with a bang of course.

 

Soon then, I will need to retire to the kitchen table and get that first bit done, I can watch miami vice while I do that, book em danno, oh no, that's hawhiy fivey ohey, da da da da da deh, da dad da da da da dar, dar da da da dar de dar daer dar, da da da da darrrrrrrrrrr.

 

Listen up people, quiet at the back, Mr Sibs the Chief Exec has got something important to say, go ahead sir.....

 

Mr sibs-Go ahead, what do you mean? here infront of you? Yes indeed what a lovely day it is outside, right this won't take long, then you can all get on with whatever it is that you do here. Last night I was reading a really good book, I have got 7 cats or is it 6, let me think, er 1 er 2 urm 3 erm 3, erm um er 3.......that wasn't too bad was it? I didn't do it, no no, that milkman of ours he only left 2 pints this morning, last year was a nice time, yes you did, he doesn't know that, so about my car, blue and shiny,Did any of you watch father ted last night? My favorite colour is green and my bestest hobby is skateboarding, How about a party, shall we have jelly and ice cream, musical chairs that would be nice, can I go now, why are you all staring at me? What have I done, nothing is what, ha ha and I get paid for that, so there, I'm telling my mummy on you.

 

Manager-Sir, I don't mean to interupt you.........

 

Mr Sibs-Don't then, your fired, ha ha, you thought you could, eeeee, eeeee, I'm the king of the castle your the dirty rascal.

Yes Ok, alright, alright, don't panic, here's the speech..........

 

The grand old duke of york, well, he had ten thousand men, and when they were they, they were and when they weren't, they weren't.

 

Thank you for that, right someone get me a snake bite, make that 3 snake bites.

 

Kind Regards

 

The Mould

[The Mould]

OK, wish me well,

 

You go and get some rest, so if you are posting the defence and counter-claim on Monday, what would you say If I said, can I do it tommorrow night, would that be alright with you.

 

Come back and let me know please, roger.

 

Kind Regards

 

The Mould

[The Mould]

Wish me well,

 

What if I do it tommorrow night, would you be OK with that?

 

I am really tired, but that is not an excuse, I don't know if I can get any rest or not anyway because of the way things are here, but I don't want you to think that I am leaving you in the you know what.

 

Come back and let me know, roger.

 

Kind Regards

 

The Mould

[The Mould]

Wish me well, you go and rest, we can catch up tommorrow.

 

Kind Regards

 

The Mould.

 

PS. I am going into the kitchen in 5 mins, to finish your defence, I will post it up later on this morning.

[The Mould]

Hello wish me well, good morning.

 

Here it is, the defence.

 

 

Northampton county court.

Claim number xxxxxxx

 

Between

 

xxxxxxxx - Claimant

 

 

and

 

 

xxxxxxxx - Defendant

 

 

 

 

Defence

 

1. I xxxxxxx of xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxx..

 

2. Except where explicitly stated in this response/defence the defendant niether admits nor denies any of the allegations made by the claimant in this action.

 

3. The defendant accepts no responsibility or liability for the full sum amount sought in this action by the claimant.

 

4. The defendant is slightly, somewhat confused in pleading to the particulars of claim as it stands at present, inter alia:-

 

 

5. The claimant's particulars of claim disclose no legal cause of action and they are indeed confusing to the defendant, as the claimant's statement of case are insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard the defendant respectfully wishes to draw the court's attention to the following relevant matters;

 

a) The particulars of claim are vague and insufficient and do not disclose an adequate statement of any facts relating to or proceeding the alledged cause of action. No particulars are offered in relation to the nature of the alledged written agreement refered to, the method the claimant calculated any alledged outstanding sums due or any other relevant matters that may or may not be necessary to substantiate the claimant's claim.

 

b) A copy of the alledged live written agreement that the claimant makes reference to in the particulars of claim, and which seems to be the entire foundation to which these proceedings have been brought upon, has not been served attatched to the claim form.

 

c) A copy of any evidence of both the scope and nature of any alledged default, and proof of any amount outstanding on the alledged account, has not been served attatched to the claim form.

 

(Wish me well, note I have left out the part refering to any termination notice under sec 76 or sec 98 of the CCA 1974, because the implication there is that the account/agreement is still live)

 

d) A valid default notice served under section 87(1) of the CCA 1974 Act, on the alledged account/agreement has not been served attatched to the claim form.

 

 

6. As the defendant in this action I assert that at no time during my relationship with the claimant under what was the original credit agreement/contract before the time of these proceedings commencing, did I default on that said agreement, and as such, the defendant puts the claimant to strict proof that a valid default notice was issued by the claimant and at a time when the claimant had an equitable right to issue/serve such a statutory legal document.

 

a) The prescribed format for issuing/serving the said statutory legal notice is laid out/down in the Consumer Credit (Enforcement,Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations to the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237);

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 of the Consumer Credit Act 1974.

 

b) The language of section 87 of the 1974 act is unambiguous, and states;

a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. Thus, without a valid default notice and without any proof forthcomming from the claimant that the said statutory legal notice not only does exist, but is indeed valid, the defendant asserts that the claimants demand in this action fails at this point and cannot logically nor justifiably proceed and for the claimants claim to do so would clearly be contrary to the Consumer Credit Act 1974.

 

c) Furthermore, the defendant asserts that failure of a default notice to be accurate not only invalidates the default notice (Case law ruling - Woodchester Lease Management Sevices Ltd v Swain and Co [2001] - GCCR 2255) but also prevents the court from enforcing any alledged debt, but would give me, the defendant in this action, cause for a counter claim against the claimant for damages as per the ruling in Kpohraror v Woolwich Building Society [1996] 4 ALL ER 119.

 

7. The defendant wishes to make the court aware of the conduct of the claimant in this action, the defendant requested information referred to in the claim under CPR 31.14 from the claimant on the 6th of April 2010 by royal mail special delivery, 6th of April 2010 is the date that the claimant was in receipt of the said CPR request, compliance by the claimant with the said CPR request for disclosure of documents the claimants claim is to rely on, has now expired.

 

On the 14th of April 2010 the defendant telephoned the claimant to enquire as to why the claimant had not complied with the CPR 31.14 request, the claimant gave no good reason for this Non-Compliance of practice direction.

 

The requested documents would be in a relevant filing system, readily located and easily accessable, in the telephone conversation on the 14th of April 2010 the claimant stated to the defendant that there was no requirement for them to disclose the documents and the claimant went on to state that the defendant would probably be in receipt of the said documents by the 21st of April 2010 and this is the very day of the deadline for the defendant to file this response and counter claim in this action, the defendant is of the opinion that the claimant is making a mockery of practice direction and that the claimant is abusing the judicial system of this England

 

 

The defendant asserts that the conduct and attitude of the claimant is vexatious and is purposely intended to frustrate proceedings by attempting to deny the defendant a fair opportunity to file this defence and counter claim to the court and within the time scale permitted to do this.

 

 

 

8. Consequently, the defendant denies all allegations on the particulars of claim and puts the claimant to strict proof thereof.

 

9. Furtheremore, and in the alternative it is not admitted by the defendant that the sums claimed are lawfully owing. The defendant puts the claimant to strict proof as to how the sums claimed have been calculated and as to how it is asserted by the claimant that the sums claimed are contractually owing.

 

10. OK wish me well, from this point insert no 2 paragraph onwards from the defence that I posted until you get to paragraph no 9. Does that make any sense?

 

OK, and in that No2 paragraph, second line down where it states 'But through discussion with the claimant,'( insert this) on the 14th of July 2008 the claimant agreed in writing to a new three (3) month temporary contract. Then continue.....ok.

 

Alright wish me well, when you get to paragraph 9, come back to me and I will continue to add a bit more and then that will be your defence completed.

 

How are you today?, how are your super little gang of monkeys?

 

Roger.

 

Kind Regards

 

The Mould

[The Mould]

Good morning wish me well,

 

I am having a tea break in a minuet.

 

How are you all?

 

Kind Regards

 

The Mould

 

Roger

[wish me well]

Good afternoon The Mould

 

My apologises for this morning, I pm'd you to explain

 

Right I am going to read through, soak in, then get the job done!

 

Back in about, I have no idea

 

Kindest wishes

 

wish me well