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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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1972mum

Hoist/Cohen claimform - Barclaycard***Claim Struck Out***

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That was my next question thank you!

 

I was wondering how specific I needed to be when he phoned back.

 

Am I not obliged to tell him what info is missing then?

 

Does the mediator have to decide that mediation is ended or can I?

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Just state to the mediator that you have been sent random pieces of paper..badly photostat ...that have no connection to yourself or the alleged debt or the claim..

 

 

Andy


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That was short and sweet! Told him the paperwork was incomplete - didn't go into details as advised. Mediation ended! Are they on commission by any chance? His manner changed when he ended the call!

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Let it progress to allocation now....see if they are prepared to pay a hearing fee based on the documents they rely on.


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I've had an email from the solicitors.

 

 

says they are willing to accept a payment plan to avoid potential court costs

,and have I looked at the paperwork they sent.

Do I just ignore it?

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IMHO yes

looks like they're itching to settle as they know they don't have anything enforceable


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That's what I thought. Thank you

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Was hoping they'd given up but No!

 

 

received a notice of allocation to small claims track for 9th November.

 

 

It states claimant has until 12 October to pay the trial fee.

 

 

Will I find out if they don't?

If it goes ahead,

what documents are they talking about that I need to send copies off to claimant and court?

Is it the witness statement?

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What a shower! Can you post what they've sent up on here 1972mum? Then Andy, DX and others can check it over and advise you?

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so WS to the court and them by 14 days prior to the hearing date

no harm in preparing the bones of one

then await and see if they pay the fee..

I doubt it mind


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thanks for the advice.

 

What needs to go in the witness statement ??

 

The fact I havent recieved a signed copy of the orginal agreement etc ???

 

Thanks as always for the help and advice

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lots of recent threads in the same forum as your thread are at this stage or beyond it.

use the search cag box of the top red toolbar

 

 

witness statement


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Just an update. Cohens/Hoist had until 4pm on 12th October to pay the court fee.

 

Ive just called the court, and they said it doesn't appear to have been paid.

 

The guy was hard work!

I asked would i get correspondence to say that this was the case and it would be struck out.

 

He said no, even if its struck out i wont be informed and that I should still turn up at the court?

 

Is this normal, as it means that I have to do the witness statement and send it with all my other paperwork!

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as told to you on the 21st....


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Yes, i appreciate that. I was asking if its normal to get notification that a case has been struck out? Sorry for the confusion...

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Seems you are relying on the claimant not to pay the fee in order to avoid submitting your evidence and WS...claimants are allowed a lot of leniency and most pay on account that the court staff fail to check.

 

If you miss your dates for following the directions and submitting your evidence...your defence will be struck out...not the claim.

 

Andy


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I may somewhat naively have been hoping that the fee wouldnt have been paid yes!

Do i get a witness statement from Hoist too? The witness statement that I have found to copy, refers to parts of their witness statement?

Sorry, if asking dumb questions - all a bit new to me this!

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Parties are expected to serve each other copies of their statement and disclosures (as advised within the courts directions on your Notice of Allocation)

 

If either party fail to serve a copy on the other this can be brought to the courts attention and sanctions possibly imposed.

 

Unfortunately DCAs have a habit of serving very late or not at all...it easier to draft a WS in response if you have a copy of the claimants but if not then you are drafting blind simply in support of your defence.


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Well, just received a letter from the court saying it's been struck out due to not being paid! My husband also had a hearing the week after mine and he got a letter last week.

Shocking knowing that so many people must pay these people or go to court when the dca really don't have a leg to stand on.

Up yours Hoist!

Thank you for all the advice. We made a donation to the site last week in thanks for the invaluable information.

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Excellent well done mum.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy


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