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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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mrdonj

Lowell/Carter claimform - old cat 'debt'***Settled at Mediation/ADR***

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Hello everyone. I have found myself to be in a predicament and urgently need your advice.

 

Situation:

 

I have 3 debts with Lowell totalling £410.

I recently got an experian credit check to see what my score was.

At this moment in time it is 640.

 

 

After speaking to StepChange about sorting out my debt they advised me that I could either talk to them individually

and make token payments till my situation changes (I am on JSA and receive £146 every fortnight/£293 a month)

or apply for a debt relief order (My total debts including other creditors = £1100).

The DRO was mentioned as the final last result since it stays on your credit file for 6 years (Would be there until 2021!).

 

StepChange advised me to inform my creditors that I was in the process of talking to them,

so that I would have 30 days without any action being taken against me.

 

 

I spoke to Lowell about my situation and that I was talking advice from StepChange.

The agent I spoke to mentioned that they had more than one debt in my name

and that they had recently taken on another one.

After mentioning that I was speaking to StepChange the agent told me my account would be placed on hold for 30 days (I called them on the 13th August).

 

I received two letters from them dated the 14th August each for different bills, but I did not receive one for my £211 debt.

Yesterday (21st August) I received a Claimform (Dated the 20th August) from Lowell and Bryan Carter Solicitors.

The original debt was £211 and based on interest has risen to £218.

Additionally, £25 court fee and £50 solicitor fee has been added making the total £293.

 

What would you recommend?

Firstly if I was to pay the Claimform within 30 days (So that it doesn't stay on record for 6 years)

would I have to pay the "Amount Claimed" which is £218

or would I have to pay the total cost of £293?

 

 

This solution would leave me in an extremely bad position as I can barely afford things as it is.

 

Furthermore,

what is my position in that Lowell knew I was talking to StepChange

and only put 2 out of 3 accounts on hold thus leading to the claimform being taken against me?

 

 

They have put two accounts on hold which total £199

which they know I am struggling to pay,

yet send a Claimform for the one that costs even more! (£218).

 

 

I don't get why they wouldn't apply this hold on to all of my accounts that they hold for me

Edited by mrdonj

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See this link below. If you can provide more info as asked in the link, people might be able advise better.

 

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


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Name of Claimant: Lowell Portfolio I LTD

 

Date of Issue: 20 AUG 2015

 

What is the claim for?:

 

 

1.This claim is for 211.37 The amount due under an agreement between the original creditor

and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by Lowell Portfolio I Ltd On 13/03/2015

and notice served Pursuant to the law of property act 1925

 

Particulars

RE- JD Williams

*Account Number Here*

 

And The claimant claims 211.37

 

The Claimant also claims statutory interest pursuant to the S.69 of the country act 1984 at a rate of 8% per annum

From the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amount to 7.36

 

The value of the claim is £293.73

 

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? : The claim is for credit, from a catalogue account

 

When did you enter into the original agreement before or after 2007?: After 2007

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim.: debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?: Yes

 

Did you receive a Default Notice from the original creditor? : Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? : No

 

Why did you cease payments?: Unable to afford/Direct debit failed multiple times

 

What was the date of your last payment? 11/12/2013

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Financial problems yes, debt management no

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You say you rejected the idea of a DRO because it would stay on your account for 6 years.

 

So, sadly will a CCJ if any claim goes against you and is awarded to the claimant.

 

I suspect you are probably to late to go for a DRO now.

 

You have the opportunity to admit the debt and enter into an arrangement to repay - I think this will avoid you having a CCJ recorded against your name.

 

If you are going to defend, then you should ensure you acknowledge the claim by the date noted below.

 

Timeline

 

Issue date 20.08.2015 + 5 days for service = 24.08.2015 + 14 days to acknowledge = 07.09.2015 +14 days to submit defence if that is what you intend to do = 21.09.2015


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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

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BCOBS

 

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

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You might try advising the claimant (via the solicitor) that you are in a position to pay the £218.00 but not the £293.00. If you don't leave it till the last minute, they might be agreeable.


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

 

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

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You say you rejected the idea of a DRO because it would stay on your account for 6 years.

 

So, sadly will a CCJ if any claim goes against you and is awarded to the claimant.

 

I suspect you are probably to late to go for a DRO now.

 

You have the opportunity to admit the debt and enter into an arrangement to repay - I think this will avoid you having a CCJ recorded against your name.

 

If you are going to defend, then you should ensure you acknowledge the claim by the date noted below.

 

Timeline

 

Issue date 20.08.2015 + 5 days for service = 24.08.2015 + 14 days to acknowledge = 07.09.2015 +14 days to submit defence if that is what you intend to do = 21.09.2015

 

You might try advising the claimant (via the solicitor) that you are in a position to pay the £218.00 but not the £293.00. If you don't leave it till the last minute, they might be agreeable.

 

I do not mind going into a payment plan, I just assumed that a payment plan would have the CCJ on record but recorded as settled? I will contact them via the solicitor to see if I can go ahead and pay the £218. Would I also be asking for this to be paid off via payment plan? Or would I need to tell them that I can pay the amount off within 30 days?

 

Paying the £218 within 30 days MAY be possible IF I can get family to help me with food costs and travel costs to and from the job centre. I just really do not want this on record for 6 years. I'll be done with university in 3 years and don't want the 3 years following on from that to be affected by this

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I personally would defend all and submit a holding defence asking them to prove they have the legal right and necessary paperwork to proceed on this claim.......

 

If you go the Legal Success Forum you will see literally 100s of claims from the same company same solicitor...same particulars of claim and all discontinued the claim once a defence was submitted.

 

You cant enter into a payment plan and avoid a CCJ ......unless you settle the CCJ by the date stated....and judging from your last paragraph you are hardly in a position to settle..

 

 

 

Regards

 

Andy


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Thread title edited to reflect that it's a claim, not a CCJ.

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I personally would defend all and submit a holding defence asking them to prove they have the legal right and necessary paperwork to proceed on this claim.......

 

If you go the Legal Success Forum you will see literally 100s of claims from the same company same solicitor...same particulars of claim and all discontinued the claim once a defence was submitted.

 

You cant enter into a payment plan and avoid a CCJ ......unless you settle the CCJ by the date stated....and judging from your last paragraph you are hardly in a position to settle..

 

 

 

Regards

 

Andy

 

How exactly would I proceed with such a thing? I must admit all of this is pretty new to me. I have no idea how I could defend. Only thing I noticed before making dinner was someone who used the defence that the claimant had to prove the debt was actually their's.

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Having looked around a bit more, it seems I should send off a CCA request to Lowell's and a CP31.14 to Carters?

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Will a Tomlin Order be appropriate to avoid a CCJ??

 

Only issue i can see is that you state Lowell have a few accounts in your name.

 

A Tomlin order might be positive in stopping Lowell going legal on the other accounts but all those accounts with lowell you must have a realistic payment proposals you can meet, and keep.

 

I myself have a Tomlin order and it stopped me getting a CCJ but it is not for everyone

 

Wait for more replies though for advice

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Will a Tomlin Order be appropriate to avoid a CCJ??

 

Only issue i can see is that you state Lowell have a few accounts in your name.

 

A Tomlin order might be positive in stopping Lowell going legal on the other accounts but all those accounts with lowell you must have a realistic payment proposals you can meet, and keep.

 

I myself have a Tomlin order and it stopped me getting a CCJ but it is not for everyone

 

Wait for more replies though for advice

 

Yep I was also thinking about the fact that I have three accounts with them (This claim is only for one of those accounts, but the other two are on hold as I have received two letters stating this.) Honestly I'd be happy to pay this off within 6 months if they were to allow it and I avoided a CCJ

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How exactly would I proceed with such a thing? I must admit all of this is pretty new to me. I have no idea how I could defend. Only thing I noticed before making dinner was someone who used the defence that the claimant had to prove the debt was actually their's.

 

Having looked around a bit more, it seems I should send off a CCA request to Lowell's and a CP31.14 to Carters?
Yes

and also acknowledge service of the claim using the MCOL web Portal.....you have 19 days to do this from the date of the claim...20th Aug being day 1.

 

You have already seen examples of a holding defence which puts the claimant to strict proof to provide the necessary paperwork to proceed with the claim...and this is when this Solicitor throws the towel in ...its simply not worth the work involved for the amount claimed.

 

Also by defending in full...you gain an extra 14 days and then possibly a further 2 months before a trial date can be fixed...assuming it proceeds to trial which 95 % of his claims dont....this would allow you time to save money to be able to pay the debt should you lose.

 

All CCJs allow 28 days payment ...so a further extra month...could you get £ 293.00 together in 4 months?

 

Andy


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Yes

and also acknowledge service of the claim using the MCOL web Portal.....you have 19 days to do this from the date of the claim...20th Aug being day 1.

 

You have already seen examples of a holding defence which puts the claimant to strict proof to provide the necessary paperwork to proceed with the claim...and this is when this Solicitor throws the towel in ...its simply not worth the work involved for the amount claimed.

 

Also by defending in full...you gain an extra 14 days and then possibly a further 2 months before a trial date can be fixed...assuming it proceeds to trial which 95 % of his claims dont....this would allow you time to save money to be able to pay the debt should you lose.

 

All CCJs allow 28 days payment ...so a further extra month...could you get £ 293.00 together in 4 months?

 

Andy

 

Cheers Andy. Yeah, I get my student loan by mid October which will be around £1800 to last me until mid december so I'd be happy to take a chunk out to pay this off if I lose. I'll get those documents off ASAP. Cheers

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Just about to print off the CCA Request. Just wanted to double check that I have left the correct entries in the CCA template. Since it is a debt from an online catalogue company, I left in the following:

 

s.78 and

s.78 (6)a

 

cheers.

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Just about to print off the CCA Request. Just wanted to double check that I have left the correct entries in the CCA template. Since it is a debt from an online catalogue company, I left in the following:

 

s.78 and

s.78 (6)a

 

cheers.

 

Correct.

 

Andy


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CCA Request sent off to Lowells.

Just need some help finishing off the CPR31.14 in regards to the particulars of claim and the section that states

"* delete if not mentioned in the Particulars of claim."

 

 

I was going to leave in 2, 3 and 5 but wanted to double check.

I am also not sure if I should leave in that "I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely"

 

My particulars of claim are

 

This claim is for 211.37 The amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to / purchased by Lowell Portfolio I Ltd

On 13/03/2015 and notice served

Pursuant to the law of property act 1925

 

Particulars

RE- JD Williams

*Account Number Here*

 

And The claimant claims 211.37

 

The Claimant also claims statutory interest pursuant to the S.69 of the country act 1984 at a rate of 8% per annum

From the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amount to 7.36

Edited by mrdonj

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This claim is for 211.37 The amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to / purchased by Lowell Portfolio I Ltd

On 13/03/2015 and notice served

Pursuant to the law of property act 1925

 

You can only request the Notice of Assignment...I personally wouldn't bother with CPR 31.14...the CCA is the main request.

 

Andy


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Ok so I had an unfortunate issue whereby I was too ill to go to the post office myself,

so asked a next of kin to post the CCA request for me.

 

 

They forgot to put the prepaid stamp on it so it got sent back here.

I sent it myself and Lowell received it on the 8th september.

Does this change anything in regards to my defence?

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no it makes no odds

 

 

your defence must be filed by 4pm Monday 21st.

 

 

prob the holding/no paperwork one.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi guys, have been going over my defence. Must send off by 4pm today, will be stuck at university from 12pm - 2:30pm so a bit worried about sending off by 4pm

 

#Particulars of Claim#

 

1.This claim is for 211.37 The amount due under an agreement between the original creditor

and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by Lowell Portfolio I Ltd On 13/03/2015

and notice served Pursuant to the law of property act 1925

 

2. THIS DEBT WAS ASSIGNED TO/PURCHASED BY Lowell Portfolio I Ltd,

ON 13/03/2015 AND NOTICE SERVED

PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

3.Particulars

RE- JD Williams

*Account Number Here*

 

4.And The claimant claims 211.37

 

5.The Claimant also claims statutory interest pursuant to the S.69 of the country act 1984 at a rate of 8% per annum

From the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amount to 7.36

 

#DEFENSE#

 

1. Paragraph 1 is neither acknowledged or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. A request was made pursuant to the CCA 1974 section 78 on 7/09/2015 via 24 hour delivery and was signed for on 08/09/2015 . As of this date the claimant has failed to comply with this request.

 

2. Paragraph 2 is denied. I am not aware of ever receiving a Notice of Assignment pursuant to the Law and Property Act 1925 from either the original creditor or the claimant

 

Therefore with the court's permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

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

 

4. On the alternative, if 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.

 

5. 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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Looks ok. Wait a bit for others to comment though.

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Looks ok. Wait a bit for others to comment though.

 

Alright, cheers

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Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

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 had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

On the 1st April 2015 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request.

The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

3.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 with the Claimant; and

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

© 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.On the alternative, if 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 crediticon Act 1974.

 

6.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.

 

 

 

Regards

Andy

***************


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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