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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   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; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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RU753

HPH2/Cohen Claimform - old HSBC Credit Card 'debt' ***Claim Discontinued***

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you've got the important thing done

now go read other claim threads

either in this forum or the successes forum off this one

 

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Thanks dx,

 

I will read other threads and wait for a reply from the county court.

 

Many thanks to you and the rest of the guys for all your help so far. :thumb:

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Hello everyone,

 

I have now received a Notice of Proposed Allocation to the Small Claims Track what do I need to do now?

 

Please advise.

 

Many thanks,

RB

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Fill it in and send it back?

 

Yes to mediation

Rest is obvious

 

Read other claim threads too


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Hi DK,

 

After I put my defence in the only letter sent back to me was a reply to the 31:14.

 

https://drive.google.com/file/d/0BytXDIYLA5NNREcwc09rUF9MTEU/view?usp=sharing

 

 

They didn't send me anything else after this but only the Notice of Proposed Allocation to the small claims received a day ago.

 

https://drive.google.com/file/d/0BytXDIYLA5NNSFZDWkpqVl9aTjA/view?usp=sharing

 

 

Do I need to send this in or call them?

 

Many thanks,

RB

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This is the Allocation (directions questionnaire)...the stay has been lifted and the claim is proceeding...you must complete the N180 and return it by the date stated (12th Dec)...copy to the court...copy to the claimants solicitor.

 

Yes to mediation yes to small claims track...name your local county court...the rest is self explanatory tick boxes.

 

Retain a copy for your file.

 

Andy


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ah so I was right there are more pages?:lol::lol:


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Not necessarily, fill in the DQ and return it to court.

 

Yes to mediation.

1 witness, thats you

Enter your local court to transfer to it

 

The rest is self explanatory, Small Claims Track is correct for any claim under 10k.


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Thanks Martin,

 

I will get it ready and sent off. :-)

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Just noticed Andy's post above also.

 

Serve a copy to the claimants solicitor aswell as court and keep one for file.


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thread tidied

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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ok, I will do that and keep proof of postage.

 

Thanks

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Hi Andy,

 

I am sending this off first class today but I was thinking if I sign it and send a copy to the claimants solicitor do you think they will copy my signature?

 

Many thanks,

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Dont sign it ...there is no requirement...just sign the courts copy


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Thanks Andy,

 

I am off to the post office now. :)

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Hi,

 

The court mitigation contacted me asking if I will be making a payment and I said no as I will need to talk to them first but they said they would need to transfer it because I will not pay why is that any idea?

 

I also told them I did not receive a reply to my CCA and she was like I would need to transfer this.

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you mean mediation

so you got all the documents then?

and they are enforceable?


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I didn't receive any documents from them other then this: https://drive.google.com/file/d/0BytXDIYLA5NNUzNFWEthT1kzMjA/view?usp=sharing

 

They said on the call, if I didn't receive all the documents I requested from the other party then it would need to go court but if I'm happy with what I have received from the other party then I would need to make an offer on the day.

 

They said people think mediation is there for someone to hear both sides but in fact it's there for you to make an offer if the other party accepts the offer then they would do the contract.

 

What should I do now?

 

Many thanks.

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you haven't got any paperwork

mediation asked you a question or two didn't they?

 

 

have you received all the required documentation...

the answer is NO, mediation will fail.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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They asked me if Iv received all the paperwork and if I will be making an offer.

 

I said I didn't get the paper work and im not sure what I will be paying for, they then said they will transfer it, I then asked them transferred to where they said to court.

 

They said they will not allow it for mediation as iv not received anything from the other party. Does that mean mediation has failed?

 

Many thanks.

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Yes, mediation has failed and the claim will now be transferred to court for a hearing.


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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Thanks Martin,

 

What would I need to say when I go court and do I need to take anything with me?

 

Many thanks,

RU

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might not even get that far..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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