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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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Blue jeans

ukcps/? PCN claimform - FLEECE YARD KIMGSGATE SHOPPING CENTRE Huddersfield

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UKCPS Ltd

1200

Century Way

Thorpe Park Business Park

Colton

LS15 8ZA

 

25th May 2017

 

Dear Sir or Madam,

 

Re: UKCPS Ltd v Blue Jeans

 

CPR 31.14 Request

 

On 17th May 2017 I received the claim formicon in this case issued by you out of the UKCPS Ltd county courticon.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1. the contract between UKCPS Ltd and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

 

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

 

3.copies of the notice to driver, notice to keeper and any other correspondence from UKCPS Ltd to the defendant that they intend to rely upon in court.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

 

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

 

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

 

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

 

Yours faithfully

 

Does this sound right?

I have put my address above in the letter

Thanks

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that will do nicely.

 

 

They will have seen them before and probably wont give you sight of them before the hearing

but that means they are running the risk of being instructed to hand them over beforehand or even having their claim struck out if when you compain to court later about their failure to follow protocol the judge reads the case files beforehand.

Admittedly a summary strike out is rare but it does happen so always go for it.

 

I also note that they have dropped the use of the worlds greatest solicitors, Gladstones.

 

 

Presumably they have learnt so much from them they believe that it is cheaper to lose by their own incompetence rather than pating someone else to screw up

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Perfect I'm going to send it recorded delivery today so I know they definitely receive it.

TBH I've still no idea what I'm doing so I'm just following everyone's great advise and hoping for the best!

Thankyou

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Perhaps an admin should delete your name and case number from your letter?

Then delete this post to clean things up?

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Sorry I didn't realise it mattered. Please done delete the post though I'll need more help I'm sure

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Dont worry, I'm just concerned in case the parking company are watching.

When these helpful people ask for details they usually ask for personal details to be hidden.

I'm just assuming they don't want the parking company or their solicitors to be handed free information.

Looking through this thread there maybe two copies of your CPR request letter with your details on

 

Once they've done this could they please delete my comments as not adding any value to the thread.

 

Just had another look and there's only the one 1

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done

 

 

dx


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

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opps done properly

for want of ref we don't need to see what you send re 31:14


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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Hey everyone Thankyou for your help just to let you know they cancelled my fine and all court costs whoop thanks again x

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fine?

 

 

dx


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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Sounds good!

But do keep all documents and advice safe for at least 6 years.

I got a court case coming up from an alleged parking infringement/claim from 2011.

Just in case they try it on again.

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oh no that's not good! I've filled all the paper work away so fingers crossed

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well, it keeps them out of trouble with the authorities, who must be taking a real interest in them by now. are yo going to sue them for breaching the DPA and harassment?

Hey everyone Thankyou for your help just to let you know they cancelled my fine and all court costs whoop thanks again x

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