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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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little spiceracks

moriarty law/JC International Claimform - old Talk Talk Broadband debt

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Do you understand what it conveys little spiceracks ?

 

Andy

 

no i havent got a clue ?? im stressed to my limits i got 5 days to defence deadline i dont know what a defence letter should look like as i have never done anything like this before. just found this on line and thought mabe this would be ok could some one help me please thankyou ps have sen of the cpr letter and had absolutely nothing back ?

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no i havent got a clue ?? im stressed to my limits i got 5 days to defence deadline i dont know what a defence letter should look like as i have never done anything like this before. just found this on line and thought mabe this would be ok could some one help me please thankyou ps have sen of the cpr letter and had absolutely nothing back ?

 

Not considered looking here as to what others have submitted ?

 

Post#65 ...edit to suit....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481304-Cabot-Restons-Claimform-EE-Mobile-Debt./page4

 

Andy


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told you what to search for in post 14

right at the end...


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told you what to search for in post 14

right at the end...

 

ok i will go back and look over it many thanks for your time guys

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Date of issue – 22nd sep 2017

What is the claim for –

 

1. the claimants claim is for the balance due under an agreement with talk talk limited dated 20/11/2013 which was asigned to the claimant on 31/03/2015 and notice of which was given to the defendent on the 31/03/2015 and which is now all due and payable .

 

2.the defendant agreed to pay monthly instalments under account number ...xyz... but has failed to do so.

 

and the claimant claims the sum of £451. 11.

the claimant also claims interest thereon persuant to s.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £36.08.

 

What is the value of the claim?£572.19

 

 

 

and below is a drafted response for my defence ...........

 

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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.

 

2.The claim is denied.I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 06.10.2017 and wich the claimant received it on the 09.10.2017

 

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) Show and evidence the nature of any breach;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.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

5. As per Civil Procedureicon 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 crediticon Act 1974.

 

7. By reason 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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ps by the way do i have to send the dc soliciters a copy of my defence letter ? thnaks

 

No..MCOL sends a copy


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any news?

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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