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    • POC   1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********   2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.   3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.   Note: The above is paragraphed by the Defendant as Claimant could not be bothered.   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 accepted I have in the past had financial dealings with AvantCredit. I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.    3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.    4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,   the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date 26-07-2022 (recorded delivery), and the claimant remains in default of my section 77  request, dated 26-07-2022 (recorded delivery).   Therefore the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show how the Defendant has reached the amount claimed for; and  (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; and (d) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;    5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.   To date the Claimant has failed to comply to my section 77 request and their solicitors, TM Legal Services, likewise.     6. As per 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 82 A 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.   once again many thanks for your hard work and guidance dx    
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Yorkshire Bank GOld Card Debt Vs. Marlin FS


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Hi, I had a Yorkshire Bank Gold Card Credit Card that I got behind on and they sold the debt to Marlin FS. I've been paying Marlin every month, never missed a payment etc as per the agreed arrangement.

 

I've had a look at my credit record and was concered to see that both Yorkshire and Marlin are recording the debt. So one debt being recorded as two debts.

 

How do I get this stopped? If Yorkshire Bank sold the debt surely they should be showing it as settled? They are recording it as a missed payment every month on my credi file but Marlin are recording it as default every month yet i'm paying on time as per the terms of their payment plan?

 

Can anyone advise?

Up The Mariners

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