Thanks, no of course I understand this, the call was to check whether they filed set aside but my understanding is they cannot as clearly no grounds. If they had then the enforcement process is delayed isn't it. By attendance I just meant expediting the procedure to seal the CC order for N293A, given the operational speeds at my local CC...
Defence 1. Paragraph 1 is noted. I have in the past had a contractual relationship with Vodafone however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply. 2. Paragraph 2 is also noted but denied. The amount claimed could not possibly consist of simple monthly usage. 3. Paragraph 3 is noted .It is questionable why the claimant has waited 5 years to litigate on an assigned debt and then tries to claim section 69 interest from the date of assignment but then limits itself to just one year. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement/Contract (b) show and disclose evidence of the nature of breach and quantify any debt outstanding (c) show how the Defendant has reached the amount claimed for (d) show how the Claimant has the legal right, either under statute or equity to issue a claim 4. On the alternative, if 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. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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 of 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. An Unfair Term and Condition governed by the Unfair terms in Consumer Contracts Regulations (UTCCR). 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.
Hello, what do think of this? i have taken most of it on the above mentioned posts, i need to submit today really because I don't think I will gain access to a computer tomorrow 1) An agreement between HSBC and Defendant/s (D) subject to standard terms and conditions 2) Claimant (C) purchased the debt 13/10/2016 3) it was a term of the agreement that is any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable less (on Payment) any rebate that D maybe entitled 4) D Failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay sums due, which consequently became immediately due and payable, Formal demand issued dated 10/08/2020 5) D has failed to pay outstanding balance of £4277.61 ************************* FINAL Defence ********************************************* 1. The Defendant contends that the particulars of claim are vague and generic in nature. 2. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request. In response the claimant has disclosed they do not have an agreement between HSBC and Myself And in response to my section 78 request for the HSBC agreement - was not supplied 3. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment. 4. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit 6.Paragraph 5 is noted but I refer you to my point 2 that i am unaware of the alleged debt they are referring to 7.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 with the Claimant; and (b) show and evidence the nature of any breach and Default Notice; © 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; 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 10. 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. 11. 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.
@curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
@skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
Jennyripper1974 posted a post in a topic,I’m in desperate need of help
I bought some clothes online in may through Evans and paid through PayPal
returned them all seven days later
I waited the 14days for my refund and no refund came
I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it.
evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
I contacted PayPal
they said the dispute had been closed but Evans at no point had attempted a refund.
fast forward to today
I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
I’ve also contacted their customer service too
all I get is PayPal have cancelled refund because dispute is still open.
I have proved that the dispute is closed
I have got an email saying that if Evans sent the refund they would accept it
but up until the date I got the email they have not once attempted a refund .
I have sent them a letter before court email
I have even offered to have the full refund as a gift card just to get this sorted !
I’m literally at the end of my tether and don’t know where to turn next !
i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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