hi this is the 4th go
i have put the proper values in the poc and date haven't got a clue what i typed in first post lol
Particulars of Claim
1.the defendant owes the claimant £657.10 under a regulated loan agreement with money in advance ltd dated 25/07/ 2013 which was assigned to claimant on 12/05/2014 and notice of which was given to the defendant on 12/05/2014 (debt)
2.despite formal demand for payment of the debt the defendant has failed to pay.and the claimant claims £657.10
and further claims interest there on pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £52.56
i presume we dont need to mention the irregularities in the recon agreement compared to the original no proper copy of nos and no proper statement of account to show how this debt has grown no default notice never been served by original creditor a notice of arrears.
the defendant contends that the poc are vague and generic in nature
the claimant replied to a request made under a reply to a pre action protocol letter of claim made on 19/11/2018
the reply contained incomplete reconstitutions with irregularities in the reconstituted agreement It is therefore considered that this is not a true copy of the executed agreement and with documents missing from the list in my request
a cpr 31.14 request was made to the claimants solicitor dated 2/06/2019 in the reply dated 12/06/2019 they have not adhered to my request and they state clearly cpr rule 31. does not apply
the claimant has shown no evidence how the amount claimed has been reached
the claimant has shown no evidence of a legal right to claim this debt
therefore the claimant is put to strict proof to
a) show how the Defendant has reached the amount claimed for;
b show how the Claimant has the legal right, either under statute or equity to issue a claim.
Current address.....previous known address.....are accepted where a defendant may be served.
How did the claimant know your place of work address ?
And what is your Boss doing opening post not addressed to him ?
I think we need full details of the nature of this claim.
See CPR 6.9
Nature of defendant to be served
Place of service
Usual or last known residence.
2. Individual being sued in the name of a business
Usual or last known residence of the individual; or
principal or last known place of business.
Yes that exactly, what it means is that all the dodgy evidence, rubbish POC etc can't be challenged. Its an own goal that gives them an automatic easy win, and their evidence goes through without any rigorous investigation.
This is a bit of a lengthy one but I’ll summerise best as possible.
THIS IS HOW THE PHONECALL WENT
I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker)
I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded.
Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
so far so good.....
i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
so far so good....
A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/