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    • Should the amount be the figure in the particular or the final amount with fees added
    • The Defendant contends that the particulars of claim vague and are 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. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) 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 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any 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 any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and (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. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.  7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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. 9. 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 Should the amount be the figure in the particulars or the final figure with the added fees
    • post it up here first for checking please dx  
    • use our default holding/no paperwork defence in 100's of threads here already Programmable Search Engine CSE.GOOGLE.COM clickme^^^
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Arrow - Shoosmith ClaimForm never arrived, hsbc debt HELP!


SnoogyWoo
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Hi Guys,

 

Part of my bigger debt problem here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387784-Big-Debt-Problem...HELP!&p=4197488#post4197488

 

We had a claim from Shoosmith for a HSBC debt on the 13th August.

 

I sent off acknowledgment with the I&E form filled in as I cannot pay in full.

 

I sent the letter/form last weekend recorded delivery.

 

I have just received a letter from the court today saying I have not acknowledged the claim

and I now need to pay in full!

 

Just checked the tracking number and it still says the letter/form is in transit!

 

I have proof I sent it with the tracking.

 

Help! What can I do?

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you mean you had a claimform

 

why did you send an I&E sheet and the claimform back

 

when you should have ack'd the claim online at the MCOL site?

 

where did you send the claimform too?

northants court?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx. The way i read it it said if you want to acknowledge and need time to pay then you send back the I&E form. I went on to MCOL and it said acknowledge here if you want to pay in full.

 

Have I got confused?

 

I sent the I&E form to the claimant like it said :

( think the stress of all this is getting to me now.

Does that mean they are going to send bailiffs round?

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what docs did you ever request on this debt during that other thread?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx. The way i read it it said if you want to acknowledge and need time to pay then you send back the I&E form. I went on to MCOL and it said acknowledge here if you want to pay in full.

 

Have I got confused?

 

I think you might have done in a way

 

why did you not post here first for advise

 

you'll get a CCj by default now I expect.

 

can we got back to square one for now please

 

can you fill this in:

 

and post the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have a few threads and I thought I could sort it. Idiot :(

 

I will post all details tomorrow afternoon, I need to sleep as I have work in the morning.

 

I knew I would get a CCJ as I have nothing to defend with. I just need to put an affordable payment plan in place, is that not open to me now?

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hey no bother

sleep on it for now

 

it can be sorted I'm sure

 

just remember

 

next time you get a claimform

 

REGARDLESS to what you 'think'

 

you should always defend all at AOS.

no matter if you 'think' you do owe the debt

 

that's for the courts to decide upon not you through blind immediate panic

catch you tomorrow

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have a few threads and I thought I could sort it. Idiot :(

 

I will post all details tomorrow afternoon, I need to sleep as I have work in the morning.

 

I knew I would get a CCJ as I have nothing to defend with. I just need to put an affordable payment plan in place, is that not open to me now?

 

You now need to complete the N245 (see the legal Library) complete the I&E contained in the N245 and make an affordable realistic offer...the fee is £50.

 

Regards

 

Andy

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 OTHER

 

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

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Hi Guys,

 

I have attached the 2 documents. I sent the N245 form to the claimant last weekend but according to the tracking number it is still in transit! I sent it 1st class as well.

 

If I read this right I have a CCJ and by sending the N245 I can still hopefully pay monthly once I go to court?

 

Thanks.

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N245 goes to the court that awarded judgment not the claimant.(Northampton CCBC)

 

Dont forget the fee £50

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 OTHER

 

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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Thats a redetermination when a monthly figure has already been set in the judgment and you want to reduce it further.

 

This is a forthwith to monthly

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 OTHER

 

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

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Sorry to keep asking questions. This is what is in my head, am I right:

 

I received the claim but in my confusion I did not respond so that means automatic judgement.

 

I sent the N245 to the claimant which means nothing.

 

As judgement has been passed I now have the opportunity to submit the N245

to the court for an affordable monthly plan?

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No time really but sooner the better before the bailiffs arrive:madgrin:

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 OTHER

 

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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Yes you should be ok Snoogy

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 OTHER

 

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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There is no time frame ...you can submit a N245 anytime...but as stated preferably before the claimant decides to do something else

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 OTHER

 

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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Saves you £50...put it towards the repayments now.:wink:

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 OTHER

 

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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I know, couldn't believe it! I was literally sorting the form as the postman came.

 

When I sent the form to them you have to put previous CCJ details which states I pay £40/month for a £7.5k debt. They have accepted £20 with no hassle for the £2.8k debt. Does the first CCJ set a sort of precedent as its not worth them going to actual court?

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