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    • As far as I remember it was Originally from an old business account with HSBC  at the time probably about 2007 it was from an overdraft that the bank decided to with no notice remove the facility from me ! I was not over the limit of the overdraft at the time ! The removal of the facility caused me to have problems with cash flow an intern had to close the business ! I had numerous other debts due to this action an complained at the time obviously that’s where it started ! I moved to Devon in 2009 we was in the same Adress for 5 years till 2014 then moved to another property until 2018 both rentals until we bought our current home in 2018 !  What would your advice be to proceed ! Many thanks 
    • everyone gets an email notification to their signup email if they've posted on your thread, same as the email for this post to you.   well TBH it doesn't really matter you've paid more than the 50% as such, but well they received more than the 50% so it's a bonus to them.   excess mileage is a bit of a sticking point,    you might find this thread useful toward the end more than the start.   as for W&T they can't prove anything unless they have photo's of when you got it...they won't, scratch  it wasn't me gov!!   dx    
    • no look at their letter it states they are a solicitor acting for a named client, the debt owner. probably Arrow Global DCA as drydens are part of the arrows group.   a solicitor doesn't buy debts.   if you'd moved then ofcourse you won't have had any comms as everything would have gone to the old address. so you still owed HSBC money on some credit, but the CCJ must have been registered at the old address and latterly the ICO claim too.   i can't believe you know nothing about the CCJ/CO before that date nor the debt it resulted from, unless you moved into that property after quickly moving out of another and they got the CCJ/CO by the backdoor serving it all the third oldest previous address?   the CCJ halted the SB clock ...so it's not statute barred.   ok it's only drydens trying to fund their staff xmas party with free money paid by mugs that think a dca/their dogs have magical powers, but to all intent and purpose the CCJ is still live as it's not been settled, but, they'd have a hard job enforcing after all this time, and ofcourse they'd have to return to court and of that you'd get notified....BUT if you've not informed them of your correct and current address , legally they can do that to the address used to serve the CCJ too...   which is why i;'m saying you can't not know what the debt was all about so spill the beans with what you know.
    • What you've written in itself is fine but in needs to be split up into comprehensible sections, such as    - grace period & CoP (IMO at the top as this is one of your most important points)    - it wasn't a parking event    - they have no locus standi    - POFA (but IIRC you outed yourself as the driver, right?  If so drop this section)    - no planning permission so illegal contract    - £60 unicorn food tax.   Etc.
    • Yes that is correct I’ve had no contact with anyone since 2009 when we moved !   ive looked up Drydensfaifax and it seems they are just a debt collection firm as you say they probably just bought the debt and now just trying it on ! to get me to Admit liability of the debt ! Should I just send them the statue barred letter ?
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ME III/Mortimer claimform - JDW SimplyBE CAT 'debt'


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Hi,

 

This is my final v of the defense

 

Would you please check it for me?

 

Particulars of Claim as written on the form exactly;

 

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement")

JD Williams agreed to issue the Defendant with a credit account.

 

 

2.The Defendant failed to make the minimum payments Due & the Agreement was terminated.

The Agreement was assigned to the Claimant.

 

 

3.THE CLAIMANT THEREFORE RE CLAIMS 1. 1031.75"

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

(1) Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, save as expressly admitted, I cannot recall the precise details or account number and have therefore requested verification on which their claim relies..

 

(2) Paragraph 2. The defendant is unaware of any outstanding balances and is unaware of any legal assignment or Notice of Assignment allegedly served.

 

On the 12th May 2016 the Defendant requested information (sent by recorded delivery) pertaining to this claim by way of a CPR 31.14 request and a Section 78 request to be complied with in the 14 day period. 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 or 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 including any charges and interest; and

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

(d) provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to Section 136 of the Law or Property Act 1925.

(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 credit 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.

On the basis of this the defendant respectfully requests the case be struck out due to lack of supporting evidence proving any debt exists or is owned by the Claimant.

 

Thx

Edited by Andyorch
Particulars added for cross checking
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(1) – Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, however, the defendant denies any such agreement exists with ME III Limited, Cabot Financial or any other Company.

 

The claimant does not plead you have an agreement with them.....

 

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement") JD Williams agreed to issue the Defendant with a credit account.

We could do with some help from you.

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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 [enter original creditor] 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 X years ago.

.

On the DD/MM/YYYY ( 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..

 

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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Ta, so I should remove the part you have placed in bold and just leave the first bit then?

 

Yes...and add the what was originally advised by dx100 above

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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Dont miss your deadline, FRIDAY 3RD JUNE by 4PM

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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:thumb:As you can see I had already amended your point 1.

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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  • 2 weeks later...

Letter received from Solicitors;

 

We have received your defence.

 

We are taking our clients instructions in relation to your defence and will back to you as soon as we can. In the meantime, the matter has been placed on hold.

 

Yours xxxxxxx

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