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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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estoppel


tiger7861
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Finally how can i evict her like i said i sent the eviction notice via the court she challanged it by saying you cant evict me as you promised me the house since than the court has advised to go to trial in between that how can i evict her?

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I also don't understand why you are reluctant to take the house back as it yours! you have a perfect right..

It would then be up to her to prove her case and take you to court and doubt she would get legal aid for that.

As it is the judge may not grant eviction until her rights have been established or he may just dismiss them, risky!

 

Rights establshed? May just dismiss? What is risky?

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You did not say you had already been to court!

Why are you confusing us.

That's what I meant at the eviction hearing she would claim that as her defence and she would have to establish her case.

Who is taking who to court here!

Is she taking you to court to claim the house? and you are defending?

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You did not say you had already been to court!

Why are you confusing us.

That's what I meant at the eviction hearing she would claim that as her defence and she would have to establish her case.

Who is taking who to court here!

Is she taking you to court to claim the house? and you are defending?

 

No sir sorry if i confused you guys i sent her the eviction notice i am the claimant she is defendant

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Thanks for that.

good so you are now at a stage where she is back in court and she has to submit a defence.

You will just have to see if judge will rule on her claim as part of this action and possibly dismiss it or set the case aside until a separate action can decide the validity of her claim.

The judge could rule in your favour initially but be subject to a separate action or appeal later to prove her case.

Lets see what the evidence statements have to say.

You will have to be patient at this stage.

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Thanks for that.

good so you are now at a stage where she is back in court and she has to submit a defence.

You will just have to see if judge will rule on her claim as part of this action and possibly dismiss it or set the case aside until a separate action can decide the validity of her claim.

The judge could rule in your favour initially but be subject to a separate action or appeal later to prove her case.

Lets see what the evidence statements have to say.

You will have to be patient at this stage.

She has submitted her defence to court

court has asked for standard disclosure and witness statements and set a trial date duration one day

Edited by tiger7861
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have you seen the defence argument yet?

Statements will be interesting.

 

yes i have it says "our client relied to her detirment while spending money on the house on the reliance it was a gift".

"her significant financial payment towards rennovations/improvemts of the property thorugh the purchase of materials/furniture etcc signify and illustrate her blief that the propgerty was a gift"

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Does the Defence actually say you promised the house was a gift?

 

Saying that she "believed" the house was a gift would be pretty hopeless. Proprietary estoppel requires a representation/promise.

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Does the Defence actually say you promised the house was a gift?

 

Saying that she "believed" the house was a gift would be pretty hopeless. Proprietary estoppel requires a representation/promise.

It says "stating it was a gift she acted to her detriment

 

The it goes on propietry estoppel how a gift is like a promise etcc

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yes i have it says "our client relied to her detirment while spending money on the house on the reliance it was a gift".

"her significant financial payment towards rennovations/improvemts of the property thorugh the purchase of materials/furniture etcc signify and illustrate her blief that the propgerty was a gift"

 

This statement is a severe contradiction. On the one hand she alleges that she spent money on the property to her detriment on the reliance that property was a gift. In the second sentence she clearly states that she only believed the property would be gifted to her if she carried the improvements, in any event, neither statement confirms nor establishes any promise made by you - as alleged.

 

Based on logic, you allowed her and son/family to live in the property which you own in title absolute while their names remained registered with local housing authority; she wanted to make the property more comfortable while they waited to be housed by local authority.

 

You consented to these improvements to make their lives more comfortable, until the purpose to which arrangements were made were completed, therefore, you allowed her, your son and family to reside in said property rent and mortgage free over a period of 9 (or is it 10) years until they were housed by local authority, therefore, any monies spent by daughter-in-law on any such improvements have not been to her detriment as she resided in the property free of charge on the said conditions agreed, which your son will back you up on.

 

No detriment has been suffered by the daughter-in-law, it appears that she is bitter and wants her cake and to eat it also.

 

You must put her to strictest proof as regards detriment suffered in reliance of promise, sorry, alleged promise given.

 

Your sols need to get your case in order and your counsel must cross-examine her and her (any witnesses of hers) severely, he must attack her credibility and the credibility of her claim.

 

Your counsel ought to "pull the lever" on her and her witnesses and send them to the "legal gallows" when she is in the witness box.

 

Kind regards

 

The Mould

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This statement is a severe contradiction. On the one hand she alleges that she spent money on the property to her detriment on the reliance that property was a gift. In the second sentence she clearly states that she only believed the property would be gifted to her if she carried the improvements, in any event, neither statement confirms nor establishes any promise made by you - as alleged.

 

Based on logic, you allowed her and son/family to live in the property which you own in title absolute while their names remained registered with local housing authority; she wanted to make the property more comfortable while they waited to be housed by local authority.

 

You consented to these improvements to make their lives more comfortable, until the purpose to which arrangements were made were completed, therefore, you allowed her, your son and family to reside in said property rent and mortgage free over a period of 9 (or is it 10) years until they were housed by local authority, therefore, any monies spent by daughter-in-law on any such improvements have not been to her detriment as she resided in the property free of charge on the said conditions agreed, which your son will back you up on.

 

No detriment has been suffered by the daughter-in-law, it appears that she is bitter and wants her cake and to eat it also.

 

You must put her to strictest proof as regards detriment suffered in reliance of promise, sorry, alleged promise given.

 

Your sols need to get your case in order and your counsel must cross-examine her and her (any witnesses of hers) severely, he must attack her credibility and the credibility of her claim.

 

Your counsel ought to "pull the lever" on her and her witnesses and send them to the "legal gallows" when she is in the witness box.

 

Kind regards

 

The Mould

Just to clarify her defence according to solc she is saying that all the work she has carried out only because she new the house was a gift not that after carrying out the work it would be gifted.

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Your killer counter-argument is that, yes, I allowed my sonand his wife to live in the property while their names were on the localauthorities housing list; at the trial I will rely upon local housing authoritylist to prove this fact.

Further, the daughter-in-law wanted to carry outimprovements in the property, because in our area, people often have to wait upto ten years to be housed, therefore, daughter-in-law did not wish to live inproperty in its present state.

The daughter-in-law said she would undertake cosmeticimprovements on the property to make the place comfortable for her, my son andhis family, while she and my son waited to be housed by local housingauthority.

I agreed to daughter-in-law’s proposals to carry out thesecosmetic improvements at her own expense on the condition that if she did so, I would not charge her or my son any rent orpayments towards the mortgage owing thereon. No other agreements were made as alleged and I certainly did not giftthe house or any share thereof if she undertook these cosmetic improvements.

It should be noted, that my son has divorced thedaughter-in-law and I believe that she has brought this claim against me as anact of revenge against my son.

I did not, at any time, promise her the house nor a share inthe house as she alleges and I put her to the strictest of proof on her proprietyestoppel claim thereon.

It should be noted that her name remained on the housingregister as per my original and only agreement given in this matter. Her claim is illogical, unsubstantiated andshe is battling with a case that she cannot advance because it simply is nottrue.

Give the above to your sols to consider, and the leading House of Lords authority Iposted here for you..

Kind regards

The Mould

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Your killer counter-argument is that, yes, I allowed my sonand his wife to live in the property while their names were on the localauthorities housing list; at the trial I will rely upon local housing authoritylist to prove this fact.

Further, the daughter-in-law wanted to carry outimprovements in the property, because in our area, people often have to wait upto ten years to be housed, therefore, daughter-in-law did not wish to live inproperty in its present state.

The daughter-in-law said she would undertake cosmeticimprovements on the property to make the place comfortable for her, my son andhis family, while she and my son waited to be housed by local housingauthority.

I agreed to daughter-in-law’s proposals to carry out thesecosmetic improvements at her own expense on the condition that if she did so, I would not charge her or my son any rent orpayments towards the mortgage owing thereon. No other agreements were made as alleged and I certainly did not giftthe house or any share thereof if she undertook these cosmetic improvements.

It should be noted, that my son has divorced thedaughter-in-law and I believe that she has brought this claim against me as anact of revenge against my son.

I did not, at any time, promise her the house nor a share inthe house as she alleges and I put her to the strictest of proof on her proprietyestoppel claim thereon.

It should be noted that her name remained on the housingregister as per my original and only agreement given in this matter. Her claim is illogical, unsubstantiated andshe is battling with a case that she cannot advance because it simply is nottrue.

Give the above to your sols to consider, and the leading House of Lords authority Iposted here for you..

Kind regards

The Mould

What is house of lord authority?

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What is house of lord authority?

 

I have posted this authority earlier on your case. Go back through your thread until you come across it, click on link, then print off the same and give it to your sols who should have referred you and your opponents sols to it a long time ago.

 

Kind regards

 

The Mould

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I have posted this authority earlier on your case. Go back through your thread until you come across it, click on link, then print off the same and give it to your sols who should have referred you and your opponents sols to it a long time ago.

 

Kind regards

 

The Mould

Sorry totally lost

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Just one more note as it was a joint application for a house via the council there names where taken off the list as they seperated in april 2012 but the council has confirmed it was on there prior to that for more than 8 years

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Just one more note as it was a joint application for a house via the council there names where taken off the list as they seperated in april 2012 but the council has confirmed it was on there prior to that for more than 8 years

 

The above, which you must obtain from council, confirms your defence in this matter.

 

As regards post #121, yes, you can rely upon this and refer your sols to the same and respectfully invite the Court to read the same (suypply the Court with a copy of this UKHL authority at the relevant time, you sols will know when this is).

 

As I said previously, your promise was that she and son and family (the grandchildren) could live in the house while their names were on local authority housing list. If daughter-in-law carried out any cosmetic improvements throughout this period of "waiting time", then no contract was agreed with you for these improvements other than, yes you consented to these improvements and in consideration for the same, you allowed them to live in property rent and mortgage free.

 

 

As of the date hereof, you confirm that no promise as alleged was ever given to daughter-in-law and that you believe the facts which you rely upon clearly establishes your Defence against her unsubstantiated case, which, as of the date hereof, she has not proved nor advanced with any credible evidence in support of the same.

 

Take the above and all of mine and other Cag members postings here to your sols and instruct them to act for you on the same!

 

Kind regards

 

The Mould

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