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micheybabes

Lowell Claimform - two old old cat Debts

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Hi Andy

Sorry should the account numbers be added? 

 

Michelle

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You stated at the beginning of the thread the following was all that was stated in the particulars...

 

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

 

Jdwilliams £1681.86

And

Jd Williams £593.75

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant

 

Now you say there are account numbers also....?  What else have you missed off or abridged ?

We cant check or advise on a defence unless we have the full particulars verbatim ...down to the last full stop.

 


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but no we don't need a/c no's just xxx will do.

 


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But we do need the full particulars with or without xxxxxxxxx


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Sorry,  reference not account numbers

 

right here are the particulars of claim, as per claim form

 

1) The claim comprises the following Agreements the Defendant entered into :

a. JD Williams & Company Limited with reference ******** and current balance of £1681.86

b. JD Williams & Company Limited with reference ********and current balance of £593.75

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims :

a) The total of the said sums being £2275.61 

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 but limited to one year, being £182.05

c)Costs

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Thats better now we know what we are defending against


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Thank you both of you 🙂 

 

I've searched lots of old threads and I've tried to edit according to my circumstances 🤞🏻 

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What date is your defence due ?


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Tuesday 4pm

 

 


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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Particulars of claim for cross reference...do not input with defence

 

1) The claim comprises the following Agreements the Defendant entered into :

a. JD Williams & Company Limited with reference ******** and current balance of £1681.86

b. JD Williams & Company Limited with reference ********and current balance of £593.75 

 

2.The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

 

And the Claimant claims :

a) The total of the said sums being £2275.61 

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 but limited to one year, being £182.05

c)Costs

 

 

 

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.

 

1 Paragraph 1 is noted. I have had various catalogue agreements in the past with various companies .I do not recognise the account numbers referred to by the claimant. 

 

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 On the 22/08/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

4 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; and

(b) show how the Defendant has reached the amount claimed for; and

(c) Show and evidence any breach and service of a Default Notice which it refers to in their particulars;

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

 

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

 

6 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.

 

7 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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Thank you so much, after a pretty rubbish few days (had to lose my pup yesterday) this has been weighing so much on my mind, cannot tell you how much it means to have you help me with this. 

A million thank you's! 🤗

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Tried logging on mcol site, won't accept my details, they are correct, from past threads it looks like it may be having a temper tantrum, will try again in the morning 🙂

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yes we've seen several Caggers say they are having issues over the last few weekdays with MCOL

don't worry pop back tomorrow when someone has reset the portal.

you've got till Tuesday.

 


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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Thanks dx, still not working for me but I'll keep trying 🙂

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You could always email it using the secure address provided by MCOL.


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

 

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Yes I might do that, I've filled out the written form as well just in case, mcol still not working 🤔

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Thank you again Andy and dx

 

Just emailed defence and got a confirmation back 👍🏻

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Hello all, hope you are all. Its been rather quiet on the a western front until today. I've received Directions of Questionnaire form N180 in the post.

I've still had no copy of cca or cpa that I requested back on 20th August. 

 

Please can you advise me how to proceed now

 

Thanks in advance

Michelle

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Quote

 I've received Directions of Questionnaire form N180 in the post.

 

 

From where ? The court is it a blank one or from the claimants (their copy ) ?

 

Andy


We could do with some help from you.

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Thanks Andy!!! 

 

Will get it completed and posted out👍🏻👍🏻👍🏻👍🏻

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Quick update. 

Received an email today from mediation inviting me to make an appointment with them. 

Still no copies of cpr or cca from Lowell despite requesting them back in August, is this a good sign or just lulling me into a false sense of security 🤔🙄

 

Michelle

 

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