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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    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. 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 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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     11. 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.
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Redwood/harwoods - school fees. Claimforn received - *** Settled by Tomlin Order* **


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Thanks Andy, made life much easier, really appreciated. I will now need to see what documents are to be disclosed, although as is SB it is down to them in reality

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Work on your Draft Directions next and try to agree them with the claimant...disclosure follows later.

We could do with some help from you.

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The Claimant doesn't seem keen to discuss the directions with me let alone agree them, maybe I'm being stupid but the directions are what exactly?

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Draft directions in Fast Track are the finer points of how the claim will proceed......here is an example

 

[ATTACH=CONFIG]57023[/ATTACH]

 

Its important to finish the Claimant refused to discuss or agree the above...that will go down well with the Court.

We could do with some help from you.

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Thank you, that would seem to indicate that in reality I cant do the Directions but the Judge does after he has received the DQs from both sides - or have I got that wrong?

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Why cant you do them ? Parties submit the directions in fast track the judge just considers and adds/ alters and firms the dates...only in Small Claims Track does the DJ sets the Directions without input from the parties.

 

You submit yours...if the claimant fails then they have no say in how it will proceed.

We could do with some help from you.

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If I do my Directions and they don't submit theirs, you say they then have no say on how it will proceed, could they potentially have it thrown out by Judge?

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No...but they would find it hard to complain about the Directions.

We could do with some help from you.

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I see - a bit like they have found it really hard to come up any documentation to prove they should be collecting the debt, or indeed that the debt even exists!

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  • 2 months later...
  • 2 months later...

Went and saw the school direct,

came to an arrangement to make monthly payments over a period of time,

no interest and no massive fees from solicitors or DCAs,

and have started that process after Harwoods insisted on a Tomlin Agreement,

so if missed payments whole debt can be pursued.

 

The school were happy with this arrangement because they are getting the due money paid back and is the best result, certainly involving paying anything, that I could have got.

 

Thanks for all assistance received over this, much appreciated.

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what has happened to the court claim?

 

 

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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  • 1 month later...

Sorry for late response only just seen you note!

 

Didn't go to court, as the school accepted my offer,

as part of that it was agreed that the court case wouldn't go ahead,

 

however Redwood/Harwood wanted to 'protect their client'

(as we know they are so good at putting the client first!)

and so the Tomlin Agreement was made.

 

Under that if I default on the payments they can apply back to the court to recommence proceedings.

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thank you

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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Well done Ironic and many thanks for the update/conclusion .

 

Thread title amended to reflect the outcome.

 

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 OTHERS

 

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

 

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  • 1 year later...

Was threatened with bankruptcy over unpaid debt.

Agreed to secure debt against our house which was on the market and would enable us to clear the debt (unpaid school fees).

 

The charge was placed on the house by the solicitors acting for the DCA mid 2016 so everything was as they wanted - or so I thought!

 

In spite of having the charge

they took us to court to make us bankrupt 6 times between them putting the charge on the property and a couple of months ago when it was sold and the debt repaid in full.

 

Each time they argued that debt hadn't been repaid so they should enforce bankruptcy

- even though I produced the Land Registry records showing charge existed yet no judge took it into consideration, maybe because I didn't have a solicitor representing me.

We have also, and the solicitor agreed that they hadn't, never been served with a Petition.

 

The hearing got adjourned several times and then they didn't turn up for a hearing so a judge dismissed the Petition,

 

they reapplied for a hearing because 'their mail management system showed they hadn't received the details from the court of the hearing' - obviously!

(If we had tried that one would we have been believed? )

 

When the house was being sold our solicitors asked for redemption figure to clear this matter, and another hearing was adjourned as sale was close, and on completion of sale the full amount was paid.

 

A week after the completion the adjourned case was held and although I thought why bother going as all done, I went and was horrified that they are now claiming £6k costs!!!!

 

How can this be and what can I do as this just never stops.

I thought couldn't be made bankrupt if debt was secured, which it was, and so the costs they have allegedly run up are for them to make spurious efforts to make us bankrupt when they could legally do that.

 

All thoughts welcome please

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Don't tell me redwood and harwood?

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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Yes what a guess

Old and new threads merged

So what happened to the Tomlin?

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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