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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  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. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   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.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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baycloves

Lowell Claim form - Provi Doorstep Loan online signup.

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Name of the Claimant: Lowell

 

Date of issue – 30-07-19

 

Date to file defence  - 30th July 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1)The defendant entered into a consumer credit act 1974 regulated agreement with Provident personal credit limited on 26/11/2015 which subsequently assigned to Vanquis Bank limited under account reference xxxxxxx (‘the agreement).

2)The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was subject to a further assignment to the Claimant on 12/06/2017 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £273 remains due and outstanding.

And the Claimant claims

a) the sum of £273.00

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.060, but limited to one year, being £21.84

c) costs 

 

What is the total value of the claim? £369.84

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes. Completed form. Sent CCA request to Lowell with fee. 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes. Took door step loan. Moved address few months later. 

 

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? Doorstep Loan

 

When did you enter into the original agreement before or after April 2007 ? November 2015

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Enquired online. There is no signed agreement. SAR to Provident revealed I entered into an electronic agreement with my email address. I've requested information regarding this and SAR request is still pending 40+ days. Complained to Provident. Complaint sent to ICO.

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

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. Assigned to Vanquis then assigned to Lowell. Lowell claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was not aware. I did not receive a notice of assignment originally. Didn't know Provident and Vanquis were part of the same group.

 

Did you receive a Default Notice from the original creditor? Not originally. Sorry don't quite understand.I have received a default notice from Lowell after CCA request. Not originally. The default notice is addressed from Vanquis not Provident. It also contains conflicting dates. The notice is dated 18-01-17. Once side states I must make payment by 28-02-17 and the other side states I must make payment by 28-02-19.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Never received anything named this.

 

Why did you cease payments? Couldn't afford. Collector stopped coming. Moved address not long after. 

 

What was the date of your last payment? 15-12-15

 

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? No

 

Can I add,

when I sent CCA to Lowell, they returned all the documents I asked for.

 

I moved address when the debt was still with Provident.

The assignment to Vanquis occurred after I moved address.

 

Vanquis were never able to verify my new address.

They sent occasional to the occupier letters asking if they knew this person (me).

 I generally did not use credit and wasn't on the electoral register for 4 years.

 

When I registered earlier this year Lowell sent a Pre protocol a few months later.

Maybe for a year previously they sent the odd debt letter.

I opened them but ignored.

I never received a notice of assignment or a default notice, notice of sums or anything like that. 

 

Lowell sent me a printed name credit agreement.

I sent a SAR to Provident and they provided the same copy.

 

I enquired my signature and they then confirmed I agreed through an electronic signature with my personal email address.

Provident were also unable to produce the notice of assignment I received from Lowell.

They denied sending me a notice of assignment.

 

They state such document may have been sent to me by the debt collector who they referred to as Vanquis, on their behalf.

I suspect it would have been Vanquis who would have recorded this on my credit file.

The fact they did not might suggest they never issued a default notice. Is this correct?

Why else would they not record this? N

ever appeared on my credit.

 

I really appreciate any help provided.

I'm at my wits' end with this.

I have no idea how to write a defence.

 

From the samples I've found online, most of them are based on Lowell not sending docs.

They sent me all docs but doesn't mean they are genuine, right? 

I've already logged onto moneyclaim and selected to defend all.

Thank you.

 

 

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please note you corrected defence filing date.

 

get a CPR 31:14 running too.

 

please scan up the CCA return to ONE PDF file

read upload

 

Thread title amended

 

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

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Reply attached.

I'm not sure what to edit out but I've removed my personal details and account numbers where I can see them. 

I will send CPR 31:14 recorded today.

Do I send this to the Lowell Solicitors address?

Thanks so much.

 

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name on page 2 or 3

and on page 10.

 

need to investigate this fresh start deal

it rings a bell with me.

but the cca is enforceable yes.

you payment says required within 7 days

it should be 14 days cooling off period under the CCA rules.

 

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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pop up on the MCOL website detailed on the claimform.
.
 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.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 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/
.
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]
 


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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Should I send a CCA to Lowell again?

I did this when I completed the pre-action protocol letter.

I did both.. requested docs on the form.

Sent a separate letter to Lowell with £1 fee.

I only received the documents I uploaded here.

 

I will hide my name on those pages you've pointed out.

CPR sent to solicitors this afternoon.

Thanks.

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wont hurt

was almost 3yrs ago now

 

 

 

 


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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I'm slightly confused.

I sent CCA request to Lowell in February this year.

 

Either Lowell or the solicitors wrote me once every month for 4 months stated they were gathering the information.

Aren't they going to send me the same thing?

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sorry though pap cca reply was 2017

no need then.

 

 


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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https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=fresh start deal vanquis&oq=fresh start deal vanquis&gs_l=partner-generic.12...96131.99795.0.101856.9.9.0.0.0.0.138.713.8j1.9.0.gsnos%2Cn%3D13...0.2345j846595j8...1j2.34.partner-generic..9.0.0.NUDuuH6rWuo

 

i would suggest this fresh start invite was issued because the rules specifically states you have 14 days cooling off period and they demanded 1st payment 7 days latter??. provident have been previously warned by the relevant authorities about these fresh start loans too

 

can I ask was this your only provi loan?

was your credit file shot with defaults and others debt at the time you took this out?

 

 

 


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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Posted (edited)

I had a CCJ at the time that's all I know. I didn't check my credit much but it was definitely poor. I was refused credit quite a few other places before I got the Provident loan. This was my only loan with them. Will I be using this cooling off period in my defence?

Edited by baycloves

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I've received some advice today about my case and told I should try to settle for half. I'm not sure how I would do this now at this point.

 

I've been told the paperwork is fairly up to date and not worth trying to win as they win most of these cases.

 

It's the older debts that are easier to wriggle out of. I'm starting to wish I had paid it when they first contacted me. There's at least £100 added and probably more to come.

 

There's also my credit which is in very good shape. I've worked on improving past few years paying everything on time.

 

I actually registered on the electoral to further improve since I have no interest in votes.

 

I've read so many times that it doesn't make a difference but it does with Lowell.

 

I heard nothing of this debt for 3 years.

Literally a few months after registering I get this bother. And I know Lowell searched for me on there because I see them on my online account.

 

 They started ringing me after I got a contract with Vodafone which appeared on my file.

 

Does this trying to settle for less come after a failed or questionable defence?

 

 By up to date paperwork, I meant the credit agreement.

 

I have previously been informed it is enforceable but was encouraged to SAR Provident to verify the other documents.

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You should never run away from debt

The fact you failed to register is probably mores the reason this is happening now..it  could have been dealt with years ago.

 

as a side issue, you've probably got a very good irresponsible lending complaint against provi here and that could have been done if you'd just not followed that advice of the same place youve just returned too??

 

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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I understand. I'm more responsible with money and credit these days. This is actually the only debt I have remaining having resolved everything else. I will have a good look through the forum and try to get a defence together.

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not due for weeks yet..

post it here 1st


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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I'm going away next week so rather have something prepared and not have to worry. I've looked on the site for hours. The only defences I can seem to find are those where Lowell has not provided docs. Not sure what to write. I believe they are very confident with my case. They have responded to my CPR 31:14 request in just 4 days. They sent the same docs as before. Anyway here's the defence I've come up with.

 

Particulars of claim for reference only

 

1)The defendant entered into a consumer credit act 1974 regulated agreement with Provident personal credit limited on 26/11/2015 which subsequently assigned to Vanquis Bank limited under account reference xxxxxxx (‘the agreement).

2)The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was subject to a further assignment to the Claimant on 12/06/2017 and notice given to the defendant.

Despite repeated requests for payment, the sum of £273 remains due and outstanding.

And the Claimant claims
a) the sum of £273.00
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.060, but limited to one year, being £21.84
c) costs 

 

 

Defence 

 

The Defendant contends that the particulars of claim are vague and generic in nature

 

1. Paragraph 1 is noted. I have had an agreement in the past with Provident but do not recognise the account number referred to by the claimant.

 

The Claimants statement of case states that the account was subject to assignment from Provident to Vanquis. The Defendant does not recall receiving notice of this assignment.

 

2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

3. Paragraph 3 is denied. The Claimants statement of case states that the account was subject to further assignment from Vanquis to Lowell on 12/06/2017. The Defendant does not recall receiving notice of this assignment.

.

 4. Paragraph 4 is denied, the Claimant has yet to establish legal assignment to them took place of any balance.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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 how the Defendant has reached the amount claimed for; and

 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

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

.

 5.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 and Section 82A of the consumer credit Act 1974. 

.

 6.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.

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one thing you can be certain of is that the lawyers for the other side will always appear to be certain they will win, rihgtly or wrongly.

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