this is my first draft for the defence to be added to the claim this week
The Claim –
1.The Claimant claims the sum of £6605 for an outstanding debt owed.
2.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB BankPLC for a credit card under ref xxxxxxxxxx.
3.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864.
4,On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.
5.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.
6.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18
In respect to paragraph 1, the defendant does not admit the allegation because
a. The claimant has failed to respond to a number of CCA information requests in full.
b. The claimant has been unable to provide the original creditor default notice
c. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued detailing: All Transactions. From 2006 to 2016
d. A CPR31.14 requesting the Default Notice and Full statement was sent to the claimant on 25/11/2019 and has not been responded to.
In respect to paragraph 2, the defendant admits the allegation.
In respect to paragraph 3, the defendant does not admit the allegations because:
a. The claimant has not provided the original creditor default notice.
In respect to paragraph 4, the defendant admits the allegation.
In respect to paragraph 5, the defendant admits the allegation.
In respect to paragraph 6, the defendant admits the allegation.
Im a little worried about the parts where I admit the allegation - is this the correct type of response? As i see it they have provided the correct information for these elements of the claim
Yes, currently trying to locate receipts in response to an email I just received from the shopping centre,
"Can you please provide your vehicle registration and PCN reference number. I will also need any receipts you have showing you where at One Stop, shopping during the four hours 12 minutes in question so that I can review your case please."
But I will hit up those stores too, as well as see if there's some way they can reprint receipts in case.
The fleecers are supposed to give a minimum 10 minutes grace period, so 12 minutes is hardly unreasonable during the Christmas period when it's more difficult to find a parking space and inevitably there are jams.
That's on top of the all the usual reasons these invoices are pants.
Did you do a great deal of shopping at one or more shops? If so, a first step could be to approach those shops directly to have the invoice cancelled.
If Royal Mail claim no contract exists in the first place and in any case they have immunity form tort and so cannot be sued, and If that is established law from the High Court, why don't they simply apply to have any County Court claim struck out?