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    • mcol always has fits on a W/ends   try Monday when its gets reset.   dx  
    • Name of the Claimant ? Capquest Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10/10/19 Your acknowledgment of service was received on 25/10/2019 at 16:05:14 Your defence was submitted on 07/11/2019 at 09:55:10 Your defence was received on 07/11/2019 at 12:05:11   Particulars of Claim Not sure how to view this at the moment, as its not listed on the views I can see online. Will route out the paper copies and update in the morning. It is a Shop Direct / Littlewoods   What is the total value of the claim?   £3000   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBD Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes - catalogue When did you enter into the original agreement before or after April 2007 ? After, in 2009 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore 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. Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure 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? in 2013. Not sure exactly but it was early in the year. What was the date of your last payment? Early 2013   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? In 2013 early, but they never accepted.
    • Thanks Andyorch.   Damn. I misunderstood your comments on post #170 about timescales. I read "don't let a claimant impost time deadlines.........they impose the time limit because they have to pay the hearing fee". I can print a letter tomorrow and get it back first class though so they will received it Tuesday.   Is it a case of just filling in their 1-page paperwork/income/expenditure form (as we've gone through the CCCS/Stepchange, I will just add in the same figures which are correct) and wait for their reply? Or should I include a letter?   Also, if £2947 is owed, is there a sensible amount to propose owing such as the £1500 over 60 months which has been suggested?   Thanks    
    • So, after several months, got response back from Aviva. "We confirm that Aviva is not responsible for investigating sale of PPI. This is because policy was arranged & sold by EPF. They were therefore acting as your agent in this matter; there was no agency agreement between Aviva & this firm so Aviva cannot accept responsibility for any advice that they might have given.  HSBC are responsible for investigating these complaints, so I have sent them your details and have asked them to contact you.  Although Hamiton Life, now part of the Aviva group, were the underwriter of the policy in question , we were not responsible for the sale, or any associated lending. As such, you should direct any enquiry regarding undisclosed commissions to the lender who provided the finance that the PPI was protecting to progress this element of the complaint". So where do I go from here? I contacted HSBC again before deadline, got response back from them saying they were not responsible either. 
    • Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under.   They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since.   The letter is giving me 30 days to make contact or they may issue a claim. The amount they are asking for is £794.00   I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them.   Should I be asking for a copy that should have been sent to me by EE? I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
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ConcernedExpat09

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Yes  within 14 days either way


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Just now, Andyorch said:

Yes  within 14 days either way

Andy I don't know if you do it to wind people up on here - but thats a perfect example of how you aren't clear.

 

Yes or No. Simple.

 

Do I tick both boxes.

 

Defend all of claim 

and

Contest Jurisdiction.

 

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Yes either way depending on whether you are contesting jurisdiction or if not and just submitting a defence ...its within 14 days.

 

Tick Contest Jurisdiction

 

You can tick Defend all (incase you decide not to contest jurisdiction)

 

You then have a further 14 days to either submit an N244 application or send a defence as normal

 

Strange how Hornsey and Squaddy got it within one post :becky:


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15 minutes ago, Andyorch said:

Yes either way depending on whether you are contesting jurisdiction or if not and just submitting a defence ...its within 14 days.

 

Strange how Hornsey and Squaddy got it within one post :becky:

Because neither of them asked about ticking both boxes. 

 

Perhaps if this was happening to you you would understand the pressures we are actually facing. 

Equally both squaddie and Hornsey62 that you 'advised', lost their Jurisdiction challenges.

 

Hence I am making sure all correct. 

 

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Neither Hornsey or Squaddy were in two minds and undecided...they were simply contesting jurisdiction with no intention of defending or submitting a defence.

They and we assumed the court would rule in their favour.

 

Your covering both bases by ticking both boxes in case you change your mind.


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OK so it is acceptable to tick both boxes as Hornsey62 saying you can't tick both as then accepting Jurisdiction?

 

 

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Yes its okay to tick both boxes in your particular scenario...in case you change your mind and dont contest Jurisdiction.The courts will ignore contest jurisdiction until they actually receive your application....and if you dont submit an application and just submit a defence then it proceeds as a normal defended claim.


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This is an interesting article ..wonder which solicitors they were talking to ?

 

https://www.buddyloans.com/blog/returning-to-the-uk-with-debts-outside-the-uk/


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I bet I can guess..!!

but we don't publicise them here as they charge spoof fees and get backhanders from the creditors to sign people up to their settlement plans


..

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Here’s a question..

 

why have all my messages in in my inbox from Hornsey62 and Versus disappeared..?

 

now I’m unable to prepare my defence 

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With regards to preparing defence I must have missed those lectures at Uni when I was studying for my law degree...

How would I know how to prepare a defence? You keep referring back to other posts - but these posts obviously don't have correct information as CAG don't know how to advise on UAE cases. 

 

 

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There's been some kind of glitch unfortunately and we're looking at that. I lost everything in my inbox too.

 

HB


Illegitimi non carborundum

 

 

 

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Just seen this 

 

when I was in court the judge was clear that it was in my interest to defend this here and the judge also had no choice because of the case examples (from the EU) that CWD barrister gave 

 

my concern is, if it goes my way that CWD won’t let it drop.  

 

Its the wording in the T&C that allow it to be heard here, with all the rights of being in the UK it’s now how I defend.  I’ve not seen any examples of people saying it wasn’t heard because of jurisdiction 

 

if your debt is 9years old then under UK it’s statue barred which would be my defence, along with anything else you have  

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so what its in their T&C's?

there would have been no PPI reclaiming and NO CAG because of the bank charges campaigns in 2006 if everything in T&C's were legally enforceable .esp in a foreign country ...the UK.

 


..

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I’m only saying.  

 

Regardless of that, the point is the judge will hear the case(s)  because it was in the T&Cs

 

 

 

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doesn't mean the agreements nor T&C's ARE enforceable in this country

simply means the judge decided the case 'could' be heard under UK jurisdiction.. there is a 1000mls difference between the two...

 


..

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I know that, it could be heard and is being heard.

 

 

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People are here for help. I am in pieces here and no one at CAG has actually given anything constructive.

Today I spoke with a DCA and their solicitor to get the other perspective on it so I could file a defence. 

 

CAG isn't even able to give advice on how to present a defence without crappy comments like we aren't here to hold your hands. 

You are grown men/women I presume so grow the hell up and act like it and if you can offer help then please do.

 

 

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Quiet...not really your last post was only 17 hours ago.Have you had any further thoughts with regards to your intended defence ? 

Post a copy of your intended draft here then we can  pool some ideas and add to it.

 

Andy


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Excellent so you dont really need any further ideas or advice  or assistance. ?


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On 16/04/2019 at 20:42, ConcernedExpat09 said:

Here’s a question..

 

why have all my messages in in my inbox from Hornsey62 and Versus disappeared..?

 

now I’m unable to prepare my defence 

 

You just stated on your thread you had submitted your defence?

And further why is all this advice you refer to by PM and not on the threads ?


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