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    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the 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 Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and 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.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. 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.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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CCJ issued without my knowledge


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Hi,

 

I'm new here today so I'm not sure I am posting in the right place. Please point me in the right direction if that is the case.

 

Two days ago I opened a letter from my building society for another property I own with my brother (not my main home). My brother lives in the states so, I am the main point of contact. The letter from the the building society was about a CCJ that had been issued on 14 July 2010. I was shocked to say the least because the council issuing it, had never made contact with me despite having my current address, work address (I work in one of their departments) and have had previous correspondance with them over the years.

 

The last couple of days has been spent speaking to my building society and council to try and get copies of correspondance that was sent relating to this matter. My building society say that the council only sent them one letter which is the one they sent to me two days ago, however, the letter from the council to them implies that a previous conversation had been held between them, with the building society apparently requesting a CCJ before they would act on paying the debt. The woman I have been speaking to at the council says she can't remember whether she spoke to them on the phone or whether a letter was sent. She had difficulties checking because the computers kept crashing (does that sound like an excuse or what??). Anyway, it would seem from the council, the reason the letter may not have come to me directly but apparently sent to the second property address, which is rented out, is that I didn't pay them a £50 + VAT fee for redirecting their correspondance. This is despite paying them a fee informing them that the property was being rented and informing them of the new address.

 

At the risk of making this too long I'll cut the story short. The debt is for service charges not paid for major works which was carried out in 2004 which many residents disputed. The dispute was only sorted in March of this year but I didn't find out about this until May but due to work commitments, had not tried to sort out till now because I am on holiday.

 

The council say they searched the land registry and it only listed the debt property address. I am frantically trying to resolve this issue as I don't want a CCJ on my credit record for 6 years but only have two weeks to do it, instead of the court allocated month.

 

Please can you point me in the right direction as to steps to take since I was not served the original notice or even given the chance to defend myself. In addition to this the council want to take advance payment for next year's service charge bill from the disputed settlement which I have to fill in a form to agree payment. This refund is just under £3000. Letters were not sent to all residents about the refund, you had to contact that council and request the refund before they would. Anyway, I am just waiting for all the letters I have requested from them to arrive before I write to them about the latter matter.

 

I really want to take both the council and building society to task on this matter. Any help you can give me would be much appreciated. Thanks!

 

JS

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