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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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jon1974xy

Lowell/? court claim- old Littlewoods CAT 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 856 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Hello there. You should always edit out anything that can identify you.

 

HB


Illegitimi non carborundum

 

 

 

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Edit out all personal or identifiable information before uploading.

 

Sham

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urm...FOLLOW THE UPLOAD GUIDE


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Sorry for the delay.

 

Here is all the documents scanned in.

 

I apologise for the "free PDF editor" watermark on some pages, it's just how my friend had to do it.

 

I REALLY appreciate all the help I've been getting here and I guess next I just need a little help submitting my defence.

 

As I don't have regular access to a computer or the internet

I guess I should get this done fairly soon.

 

Any help on how to proceed would be greatly appreciated!

FinalPDF.pdf

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Please can anyone help at all? I have no idea how to submit a defence and this has me so scared that I'm not able to sleep. Any help at all with how to do the defence would be greatly appreciated. Thank you.

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Hello there.

 

I've flagged your thread for the team, someone should be along later to point you in the right direction.

 

HB


Illegitimi non carborundum

 

 

 

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not being funny but

unless you are doing it off line

I cant see you've read one relevant thread to try and self help?

 

as this is a 2013 agreement

then that agreement is ok and enforceable

 

however I cant see how that statement they have given agrees with the sum of £1200 they want.??

 

you might be able to contend that the balance is made of penalty charges and other unlawful things

to get it down

 

make them prove how the balance was attained as to date they haven't.

 

 

also have they provided a copy of the default notice yet?

 

your defence is due by 4pm tuesday


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Thank you very much for your reply.

 

I have been doing the best I can to work this out without having my own internet or regular access to a computer and trying to work as much as possible to try to find somewhere permanent to live.

It's really not that easy.

 

I've also found it difficult to know exactly where to look and which posts would apply to me, I'm sorry that this all annoys you.

 

I also thought that when I was asked to upload all the paperwork that someone might have a look and offer some help, sorry again.

 

I'm going to just go ahead and submit the defence as well as I can and hope for the best. Sorry again to have bothered you.

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Its not a case of annoyance Jon

Its that you need to be conversant with what you file as a defence and understand what it means

 

We can't empart that. Only you can by viewing like threads and taking the process and what a defence is about in.

 

Have a go post it up here and everyone we'll assist

 

If you copy and paste your thread title into the search CAG box of the red toolbar

You'll get like threads


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I would suggest that your defence would include the follow:

 

on DD/MM/YYYY I made a CCA request to the claimant

I received a return to this on DD/MM/YYYY

 

the reply failed to show a complete breakdown upon how this balance of £!227.79 was reported

 

the claimant is put to strict proof upon how this balance was accrued.

specifically with regard to items ordered and the amount of unlawful penalty fees


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Thank you again,

this is what I have written as my defence for the moneyclaim website.

 

 

Please can you let me know if it is any good and if I need to add anything else?

 

 

Thank you so much again!

 

 

On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported.

 

 

The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

 

The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated.

 

 

The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money.

 

 

The claimant falsely stated in their letter of 15/11/2016:

As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

 

 

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;

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

Edited by jon1974xy

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well that's along the lines of what you need

ideally you need to go see other Cat debt claim form defence.

 

 

if you use our search CAG box of the top red toolbar

and p'haps copy in your thread title

or

the word I've suggested above

you'll see a better forum and things to also include.

 

 

good work to date


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I've been looking around at similar threads for the past few days.

 

 

I've added a bit more.

Do you think this will be okay to submit?

Sorry if this isn't formatting properly.

I don't know why it's not

 

 

1) The Defendand entered into a consumer creditlink3.gif Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement").

2) The Defendand failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on 11/09/2015 and notice was given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £1,227.79

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22

c) Costs

 

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.

 

On 02/11/2016 I made a CCA Request to the claimant I received areturn to this on 17/11/2016 but the reply failed to show acomplete breakdown upon how this balance of £1476.01 was reported.

 

The claimant is put to strict proof upon how this balance wasaccrued specifically with regard to items ordered and the amountof unlawful penalty fees.

 

The claimant has repeatedly failed to provide any proof of thealleged debt despite numerous attempts to request suchproof and has never provided any documentation relating to whatitems were ordered or how the alleged balance due has been calculated.

 

The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would representunlawful charges and unlawfully added sums of money.

 

The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due andowing and no verification of your liability to pay the outstandingbalance is required.

 

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;

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

 

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.

 

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.

Edited by jon1974xy

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your defence is not due to be filed via MCOL website till 4pm Tuesday so no sweat there yet..

 

you are losing formatting because you are probably copy and pasting from a word processor package like say MS WORD/office.

 

I've added their poc to allow you to better see what you need to answer, getting better IMHO

just let andyorch check things over before you file please

 

its always better to use a text based program like notepad to do it

then paste here.


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Cool thank you. It may also be because I'm having to use a very old windows XP computer borrowed from a friend. When I submit the defence should I include the part at the top in red in the actual defence too?

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. When I submit the defence should I include the part at the top in red in the actual defence too?

no


IMO

:-):rant:

 

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Jon you must respond to their pleadings...in particular their 1/2/3..either with admit or deny...anything you do not respond to will be accepted by the Court as an admittance...far too much time spent on the balance and how it accrued.

 

Regards

 

Andy


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Thank you,

I understand what you're saying but I have no idea what to put in response,

 

 

please could you point me in the right direction with what I should be putting?

 

 

Thank you so much for your reply.

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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

 

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

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Thank you so much. Here is the final thing, could you let me know what you think please?

1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement").

2) The Defendand failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on 11/09/2015 and notice was given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding.

And the Claimant claims

a) The said sum of £1,227.79

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22

c) Costs

 

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

 

The 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 in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

4) On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported.

 

6) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

7) The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated.

 

8) The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money.

 

9) The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

 

10) 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;

 

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

 

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.

 

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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don't like 7.8.9 not needed IMHO

 

 

dx


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Okay I will take those out. Thank you so much for all the help, going to submit it now!

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Hi everyone. I finally received a response from the court

 

 

before my court case I have to have a telephone mediation in a few days.

I just wondered if anyone had any tips or advice for this?

 

 

I'm particularly interested to see if there's a specific law that says the creditor has to provide an itemised list of things that I allegedly purchased, and when and how much they cost?

This has never been provided to me.

 

 

Other than that is there anything else I should say during the call that will help?

Thank you as always for all the help I've received here.

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all mediation will ask is " Have the all the necessary documents to proceed to court" if you say NO then they will ask the other side question, then state not suitable for mediation and it gets transferred back to the court system,


:mad2::-x:jaw::sad:

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so they paid to lift the stay?


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