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    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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swt61

lantern/moriarty claimform - old QQ debt.

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time to do the other part of CAG now and that's self help.

 

click the very top left CAG squares logo

then doen on the left

you'll see

 

custom google search box.

 

type in there

 

PDL Claimform.

 

and read as many threads as you can the more you read the stronger we become.

if you wish

limit your search and add in in Moriarty

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Good morning request sent off yesterday to moriarty law  but today got this load of tosh 

Combine Jul 17, 2019.pdf

 

Anyone any advice of any of the stuff they’ve sent ? Still no cca or default notice only the stuff above which looks like a hash to put together some stuff

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its all stuff from their system and on their letterhead

not from the OC so who knows if its truthful

I thought you'd guessed that by your comment which is why I didn't.

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Yes mate I thought it looked just stuff thrown together nothing looked right to me especially the deed of assignment unless I’m wrong 

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there is no deed there and you'd never see that anyway. confidential business data

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thanks I’ll try and word the stuff in that they sent me when I do my defence on the weekend 

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plenty of examples here of the holding/no paperwork defence

just add in a line stating what reply you have had in no from the original creditor or something.

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Good morning all just had an email off moriarty law regarding the so called cca that they sent me and the entry on my credit file which is obviously wrong as I’ve uploaded that info here previously. They obviously assume they’ve sent me a cca for QQ which they have not to date. 

 

 

IMG_2089.pdf

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you should not be using email!!

else they'll file important stuff 1min before its due not giving you time to respond.

have you not been reading other threads?

 

send them one email state that your email address should NOT be used to file any documents or communication in relation to the court claim xxxx and they will now be blocked  by you


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Ok email just sent

 

 

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good afternoon all, the day has come for me to compile my defence for the court, considering all the previous documents i have uploaded and also the documentation so far received from the dca and moriarty is the defence attached ok ?

 

i could not find a way to insert somewhere that they have not supplied a correct cca after my request  

 

thanks

 

1.The defendant owes the claimant £336.08 under a regulated loan agreement with casheuronet LLC T/A Quick Quid dated 15/4/2013
2.And which was assigned to the claimant on 04/01/2019 and notice of which was given on the 04/01/19 (debt).
3.Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £336.08
Defence


1. The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.


2. Paragraph 1 is denied .The Claimant claims £336.08 is owed under a regulated loan agreement with Casheuronet LLC T/A Quick Quid on 15/4/2013. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.


3. Paragraph 2 is denied The Claimants statement regarding the Assignment of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on 04/01/19 from either the Claimant or Casheuronet LLC T/A Quick Quid.

 

4. Paragraph 3 is denied.


5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:


(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice
(c) 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;


6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Moriarty Law, have failed to fully comply with this request.


7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.


8. 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 82 A of the consumer credit Act 1974.


9. 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.

 

 

hi sorry anyone around this afternoon ?

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not due till tuesday by 4pm

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Hi I know mate but im back in work tomorrow and am away from my pc so only able to do today or by 12 tomorrow

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look ok but let andyorch check it.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Yes thats fine.......did you receive a Final Demand .....point 3 of the POC ?


We could do with some help from you.

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Hi Andy, not sure if I did to be perfectly honest, should I put in a line somewhere that Ive received incorrect cca or just leave that ?

 

my cca request direct to original lender also has not been aknowledged to date

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Then deny point 3 also...you can add about the incorrect agreement at point 5.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hang perhaps not......your giving them notice and time to correct....save it for your witness statement...should it proceed that far.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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ok so just file my Defence exactly as I have posted for now ?

 

will filing it on mcol before the tuesday deadline give them too  much leeway or it wont matter even if I file it tonight ?

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Ok thanks mate really appreciate everyone’s help again especially on a Sunday 👍 .

 

I will obviously keep everyone updated on the progress or lack of it.

Once this is sorted I got a lot in my life I need to put away too before I lose the will 😩.

 

sorry what do i put in to deny point 3 ? 

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you just did

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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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ok sorry lol

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did you get a PAP letter of claim from moriarty before the claimform and ignored it?

 

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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

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