Jump to content


Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***


Poppay2
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2911 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Your 1 & 2 require a rethink Poppay

 

They do not refer to Sav Credit in 1 and 2 refers to debt assignment ...not a CCA.

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Replies 237
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I have made amendments to points 1 and 2. I did have a letter of assignment years ago therefore cannot deny. Particulars of Claim

 

1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (AquaCard)- Credit Card and having account number *********** ('the Account').

 

2. The Claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

 

3. The Defendant is indebted to the claimant in respect of the account in the sum of ****

 

4. The Claimant claims the said sum of **** plus costs. court fee £*** Legal representatives costs £** total ****

 

 

###Proposed Defence####

 

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.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Aqua Card. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

2. Paragraph 2 is noted.

 

3. Paragraph 3 is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. Despite several requests being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00 for each request; the latest request being **th October 2015 the Claimant remains in breach of the sec78 request. The Claimant has advised DCA that they do not have a CCA. I have retained said correspondence.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Link to post
Share on other sites

Thats what thumbs up usually means Poppay:-)

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

Link to post
Share on other sites

My log in details are not working for the MCOL site I made a note of them, but they just keep coming back as incorrect.

 

 

I am panicking now, does this mean that my ack never registered?

 

 

i do have a number but I cannot seem to find out how to access this.

 

 

I dont appear to have recieved any emails from mcol

Link to post
Share on other sites

OK, I've stopped panicking. Apparently you get locked out for several hours if you try more than 3 times, but I always very careful about saving correct log in details. I called them anyway and they advised send by email, which I have now done.

Link to post
Share on other sites

I wonder if perhaps you could mention the lack of statements, notice of arrears or notice of Default Sums after paragraph 5 and then renumber from there.

 

Andyorch isn't online at the moment, but will be back a bit later on today. I will flag this for his attention.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I wonder if perhaps you could mention the lack of statements, notice of arrears or notice of Default Sums after paragraph 5 and then renumber from there.

 

Andyorch isn't online at the moment, but will be back a bit later on today. I will flag this for his attention.

 

Ignore me.. looks like you are all done and dusted now :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It certainly seems to lift a weight from your shoulders once the defence is entered and you have met the deadlines:-)

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

Link to post
Share on other sites

I tried posting this from a notepad document and still no line breaks, I dont know why this keeps happening. the line breaks are there, but as soon as i post it, they all disappear, am I missing something?

 

What browser (and version) are you using please?

Link to post
Share on other sites

Not at all, Firefox should be fine. Just we've seen this issue in the past with older versions of IE

 

It may be that I'm using a work laptop, and our laptops tend to be tied down pretty tight, there may be something that is not activated, which is causing the issue.

Link to post
Share on other sites

  • 4 weeks later...

Hi All Finally heard from Weightmans...

..it says...

 

 

. We write in respect of the above mentioned proceedings.

 

 

We have received your Defence and can confirm that our client does not accept such.

 

 

Accordingly, we have written to the Court to request that the matter proceed as defended.

 

 

Yours faithfully I am guessing this is pretty standard so far?

Link to post
Share on other sites

what date did you file your def?

 

 

what date is on the letter?

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... 

Link to post
Share on other sites

That’s useful in some ways. They have essentially denied all the points in your defence. So if they go to court and lose on one of those points, which you state you have repeatedly made clear to them – then ask the judge for costs on the grounds of their unreasonable behaviour, and failure at every stage to avoid using the courts.

Link to post
Share on other sites

That’s useful in some ways. They have essentially denied all the points in your defence. So if they go to court and lose on one of those points, which you state you have repeatedly made clear to them – then ask the judge for costs on the grounds of their unreasonable behaviour, and failure at every stage to avoid using the courts.

 

Hi DonkeyB I will make a note of this

Link to post
Share on other sites

not sure if its 28days or 33 days from your def filing date the case gets stayed?

I wonder if they are in time?

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... 

Link to post
Share on other sites

not sure if its 28days or 33 days from your def filing date the case gets stayed?

I wonder if they are in time?

 

Just counted the days, not including the 5th Nov, it is exactly 28 days 6th Nov to the 3rd Dec since filing my defence, I recieved the letter on the 4th Dec. I bet they are in time, but just hung it out as long as possible?

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...