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    • 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. 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.   4. 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 (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;   5. 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.   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.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   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.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Yes Fletch, the popular press are not the best source of accurate information, and they fuel, mobthink The Legal system is supposed to be above politics, but yet the two have become more entwined and there is not enough engagement from the readers of DE, Heil et al.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I wouldn't want to be a constitutional lawyer at the moment - they faced being damed if they do and damned if they don't. I remember some very anti judges front pages not that long ago with personal details splashed across the DM's front pages - we all know being a woman/BME/gay means any opinions are invalid (no we don't but you know what I am getting at).

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Can anyone imagine enough Mp's voting for a deal that splits the UK?

Johnson might claim that NI is still part of the UK that border down between us is just a mirage ..

- but I really can't see Parliament voting for that.

 

anyway, surely everyone sees that its just a ploy to 'get a deal' to go into transition and remove the option to revoke/referendum, then they can trash any deal and default out.

 

Its all smoke and mirrors.

Who remembers there being a deal before - then Rabb said 'NO that isn't what we agreed at all to his own deal - when it came down to legal text,

... after Dozy Davies walked out on his own negligence.

 

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Just read on the BBC that No10 insiders are saying that BJ will ask the other leaders to veto an extension - but it is generally agreed no deal will be bad for everyone not just the UK

 

Maybe something will be decided so I cam get on with work and not spend my time looking at the news 


Any opinion I give is from personal experience .

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Hopefully a ditch will be a place of pilgrimage and historic national importance in the UK shortly ...

 

Off out with a shovel to pick a good spot and dig a trench by the side of the road about half way back from the local watering holes as an offering

 

... Pick a good spot where I might get caught short on the way back every Friday night


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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44 minutes ago, tobyjugg2 said:

anyway, surely everyone sees that its just a ploy to 'get a deal' to go into transition and remove the option to revoke/referendum, then they can trash any deal and default out.

 

 

 

Don't forget ... the attorney general (Cox) who apparently advised 'misleading the Queen, Parliament and the British people as ' sounds good to me .. actually said they could ..

 

He doesn’t much like the idea of staying in the European customs union But said he would be willing to accept one if it would secure the goal of getting Britain out of the EU. 

 

BUT He followed with

“If we decided (meaningless distracting time suggestion) that we wanted to review our membership of any such customs union if we signed it – and I'm not saying we will – that's a matter for negotiation and discussion,”


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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So what does this latest pronouncement from Juncker mean- is it more game playing or are we truly stuffed with my deal or no deal?


Any opinion I give is from personal experience .

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Don't know.

but I suspect its Mays deal with a UK/NI customs border in the sea and some mechanism where NI can back out of the EU alignment if there is a majority vote for it. aka no simple DUP veto/revoke.

 

.. which I believe the brexiters said was a no go when it was considered under May

including Mays 'no Britsh PM could consider it

 

Wonder of Johnson is going to claim 'its a deal' so I don't need to ask for an extension whether parliament votes for it or not?

 

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Johnsons' deal apparently also agrees to the money settlement and removes a lot of the future relationship endeavours (like rights and regs alignment)

 

 

Its unlikely to be Johnsons deal or no deal

 

The EU is extremely unlikely to refuse an extension to hold a confirmatory referendum, or a general election. It seems it will resist any woolly extensions just dragging out the bull.

 

I think they are quite clearly saying 'we've had enough - sort yourself out or just P* off

 

Despite what the Brexit Bullpooers say

The EU is democratic and will always allow the people a say

The EU is NOT desperate to keep us in

The EU does not NEED us

 

 

I hear that a second referendum vote might have been on the cards - apart from Corbyns resistance

 

 

 

Wheres that picture of May and Corbyn - needs to be Corbyn propping up Johnson now.

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Just outline how the EU is democratic so we all are happy TJ


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The council of ministers is made up of democratically elected ministers from the member states.

The European Parliament is made up of  democratically elected representatives of each member state and are proportional to that state's size.

 

These are the people who make, pass and agree any legislation so yes it is democratic 

https://europa.eu/european-union/eu-law/decision-making/procedures_en

 

In fact the EU is probably more democratic than our outdated FPTP system 

 

 

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Very clear and concise fletch. Impressive.

 

 

No outdated Henry VIII powers to abuse either ..

 

What are Henry VIII powers?

‘Henry VIII powers’ allow the (UK) government to change an act of parliament, or even to repeal it, after it has been passed and without the need to go through parliament a second time.

 

The clauses take their name from the 1539 Statute of Proclamations, which allowed Henry VIII to rule by royal proclamation, ie by decree.

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Waste of a link - no preview to attract attention

 

 

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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and why from the horses mouth

 

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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So with Johnsons' 'deal:

* Actually imposing the worst case scenario extreme end backstop .. of Mays 'only in the case of all else failing backstop'

(you know - the bit Johnson and the ERG absolutely and utterly declared as Vassalage, the break up of the union, unthinkable, an abomination etc etc)

 

* Agreeing to pay the EU the settlement

(So much for giving up negotiating tools/weapons as claimed by Johnson and the ERG)

 

* Removing even the 'aspirations of a level playing field with EU rights and regs from even the none-binding political declaration

(The Bonfire of workers, food and environmental right and regulations)

 

 

1. How is this in any way a better deal than Mays

2. How can anyone who voted against Mays deal vote for this

3 How can any MP who gives a damn about their voters rights, health and well-being vote for this.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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What a shame the scrutiny on Brexit Deal Vote today in the Commons was not set up for the UK people to see when the referendum was announced by Mr Cameron.

 

All what we've seen in the last few weeks could have been aired three years ago, and now left to last minute tactics.

Edited by determindator

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What they all forget, is that the Withdrawal Agreement is just that, it puts in place how we interact during the transition whilst the FTA or whatever is negotiated,  that in theory is until December 2020, its the start of a process not the endpoint.  There is still danger of No Deal if they chuck this one out Benn Act notwithstanding.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There is ALWAYS the danger of a no deal

especially given Johnson being quite happy to prorogue lie and cheat to cause a default

 

.. and that also spreads into any transition (or not) where Johnson and the ERG would do their utmost to foil any agreement with the EU

 

.. as any real agreement with the EU would prevent the rights and regs bonfire they want and need to get their American corporate pals profiting from the UKs planned deregulation.

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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What we should actually never forget is that the referendum result (in simple agreement/contract terms) was void within a few hours of the result ..

 

.. When the leave campaign started back-peddling/denying/reneging on pretty much all their campaign pledges and promises.

.. which has continued over the three years with pretty much all the pledges completely and utterly broken.

 

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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You mean the same people who are saying MPs don't need to see the economic impact assessments or the full text of what's proposed before voting on the deal?

 

'I'm Boris, just trust me.'

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Illegitimi non carborundum

 

 

 

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I'd rather trust the No 10 cat than Boris.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hillary Benn has said that the Withdrawal Bill allows for a no deal Brexit at the end of next year.

 

 


Illegitimi non carborundum

 

 

 

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No Deal is always there lurking in the background.  Any Withdrawal Agreement is only the guidelines for the Transition Period ending on 31st December 2020 whilst negotiations for the final deal take place during that period. Unless an extension is requested by June 2020, the period cannot be extended, so |No Deal is still in the mix.  As a Final Agreement could take years, the timespan is too short. EEA/EFTA best way if we are leaving.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Only because they for some reason they left the date of the transitional period as December 2020, which is complete nonsense.  It will take longer than that to agree a deal with the EU as well as all the other nations that have a direct relationship with the EU.

 

I don't understand why he's crying about the possibility of a no deal, but not highlighting the fact part of the withdrawal agreement is complete BS, and nonsensical.  But maybe I'm being naive.

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