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    • Awesome. thanks for your very quick reply Dx! 
    • looks om to me  let andyotch check it over due by Friday 4pm.   any paperwork you hold , you keep to yourself! its for the fleecers to provide it all again now. but gives you something to compare their copy n paste too..   as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.  
    • a client is equally responsible for the actions of their dogs.    
    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  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. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.   3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974   4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.   5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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 the nature of the breach and service of a valid default notice; (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. As per Civil Procedure 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 82A 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.   Thanks, Molly,  
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mikv

Three medical people just unlawfully entered my home and detained me.**SCOTLAND**

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I had 3 medical people unlawfully enter my home today ( they walked right in )

without being notified or informed in advance by any of them or my GP . From what I understand they believed I am at some risk ( without being able to tell me why ) other than my GP's concern over my well being. ( again another mystery )

 

I requested they leave - they did not and questioned me despite my inability to speak without a struggle / pain ( something my GP knew ) and then gave me ultimatum which boiled down to being forced to see a social worker ( which I assumes means I am now detained )

 

I still have no idea of how this suddenly happened , but I am not happy about it one bit.

 

Can any one suggest what my rights are in regard to this , and what I should do ( I'm in scotland )

 

thanks,

 

mikv

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Hello there.

 

This sounds upsetting for you.

 

How did these people get in?

 

Are you free to leave your home if you want to? If you can, it doesn't sound as if you're detained. My mother has a social worker because her GP was worried about her, this lady was very helpful.

 

HB


Illegitimi non carborundum

 

 

 

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Do you have Mental Health problems.

 

Why would your GP be concerned about you - have you visited the surgery recently and perhaps given the GP cause for concern ?


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Your description of a sudden visit by 3 people like that 'on medical' grounds sounds to me very much like what happens in England when someone is 'sectioned' under our Mental Health Act 1983. Happened to my sister. Usually this is, initially, for 'assessment' under section 2, and basically comes into operation when a doctor considers that a patient might be at risk of harm to himself\herself or to others.

 

That Act largely doesn't apply in Scotland but the one summarised here does:-

 

http://en.wikipedia.org/wiki/Mental_Health_(Care_and_Treatment)_(Scotland)_Act_2003

 

I am not at all familar with the statute, but, looking just at the summary, it might be the case that your GP issued an 'emergency certificate' with the intention not so much of detaining you but persuading you to accept more assistance from professionals. Pure guesswork on my part, but it's a theory. I would go ask the GP.

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When you say three medical people, did they say who they were or where they were from.

 

You should contact your GP and ask why this happened.


 
 

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Hello there.

 

This sounds upsetting for you.

 

How did these people get in?

 

Are you free to leave your home if you want to? If you can, it doesn't sound as if you're detained. My mother has a social worker because her GP was worried about her, this lady was very helpful.

 

HB

 

they barged in ( my door was unlocked )

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When you say three medical people, did they say who they were or where they were from.

 

You should contact your GP and ask why this happened.

 

1 nurse , 1 GP , 1 Shrink

 

I just wrote to him.

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Do you have Mental Health problems.

 

Why would your GP be concerned about you - have you visited the surgery recently and perhaps given the GP cause for concern ?

 

No, in fact the only evidence of his intent ( my Gps ) I do have is a letter last Nov he sent clearly saying he was satisfied to leave things as they were unless I contacted him for help...suddenly this

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Your description of a sudden visit by 3 people like that 'on medical' grounds sounds to me very much like what happens in England when someone is 'sectioned' under our Mental Health Act 1983. Happened to my sister. Usually this is, initially, for 'assessment' under section 2, and basically comes into operation when a doctor considers that a patient might be at risk of harm to himself\herself or to others.

 

That Act largely doesn't apply in Scotland but the one summarised here does:-

 

http://en.wikipedia.org/wiki/Mental_Health_(Care_and_Treatment)_(Scotland)_Act_2003

 

I am not at all familar with the statute, but, looking just at the summary, it might be the case that your GP issued an 'emergency certificate' with the intention not so much of detaining you but persuading you to accept more assistance from professionals. Pure guesswork on my part, but it's a theory. I would go ask the GP.

 

Yes , I agree .

 

I was sectioned once but that was 11 yrs ago due negligence of my illness ( Ehlers Danlos Syndrome ) and they're trying to do it again it seems because my family has complained to them ( they are in denial of it )

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