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    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    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.     2. 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     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 credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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 how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per 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 82 A 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and pep in this case.    
    • not sure what happened to the statint sheet...looks like you over wrote cells.   so they have already litigated over this debt ?
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Any time limits AZ might spout are simply arbitrary, the ONLY thing you need to be doing is informing them ''in writing'' of your new address.   Also ensure your CRF is updated and showing your correct address also.   When you send AZ the letter which needs only to be one line......   Sir/madam.   My current address is No.1 Mickey mouse street blah blah blah, please update your records accordingly.   Regards   And obtain ''proof of posting'' which is free from the po counter, send it 2nd class post.
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Hoist claimform - ex barclaycard Debt


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Just had an email
 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you on XX/XX/XX between Time  and Time.

Please can you phone us on 0300 123 4593 before the XX/02/2020 between the times of 09:00 and 17:00.

 

Owing to a high level of referrals, mediation appointments are limited and are offered on a first come first served basis.

your case will be transferred to a court to be listed for allocation if we do not hear from you, or all appointments are taken.

 

Please note that this is NOT a confirmed appointment, if we are able to secure a mediation appointment we will send you confirmation.

So, do I phone them asap to arrange and appointment?

Do I get to choose the appointment time for the date they've offered?

Nurselayer v Natwest - Settled in Full :D

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pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number gi

stupid ideas follow the tried and tested advice already given any new gov't will never change the biggest financial market in the whole industry.   dx  

Hello, I too am defending an old Barclaycard debt claimed by Hoist and a little further along, you might benefit from my thread with what I imagine will be the same questions that I had and sequence o

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Takes a while to get through. The person at the other end knows the drill and will ask if you have the material you require to be able to mediate, you say no (CCA).

 

That simple, getting through to them is the only aggy bit.

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for now you still agree mediation, the actual 3 way call might be weeks away.

Nurselayer you really must get reading up part of cag is self help by reading like threads here

and we shouldn't have to nursemain a nurse!

 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks DX. 

 

I do try and self help and I do read on the bits I'm unsure about and other people who've gone through a similar processes.

I post to double check when I'm still unsure. 

 

As you can see there can be conflicting advice in the cases I've read.

Just like on here where you and Hippo have given different answers.

 
This is my first case like this and so I want to make sure I get it all right.

Apologies though, I fully understand that you aren't here to hold my hand. 

Nurselayer v Natwest - Settled in Full :D

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there isn't conflicting advice on mediation its quite clear what we recommend doing

the only confliction is reading posts by users that don't know or don't follow whats already been advised.

 

sadly for some reason, there are lots here that just cant simply walk sometimes without us pushing them and thus get in a right pickle and confuse the be-jesus out of everyone over such simple matters ..like READ what we advise.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I rang the mediation service and they refused to book an appointment in for me as they were unable to complete the ticklist of things that are necessary to make mediation possible.

The person speaking to me asked if I was happy to make an offer to settle the claim. 

Initially I said that I wasn't as I disputed the claim but I would discuss it during the mediation and the person said that unless I was prepared to pay something then there was no point in mediation and I wasn't able to book an appointment in. They also said the amount that I was prepared to pay could be anything and I didn't have to reveal it so I said yes there was an amount I'd pay.

Then they asked me if I had all the information I needed to make a decision. 

I said no, that I was waiting for information from the claimant. 

They told me that unless I could answer yes to this that they couldn't book the mediation call for me.

I didn't want to say I have all the information I need, because when it comes to the actual mediation phone call I am going to say that I don't have all the information I need (as advised in earlier posts).

I've tried looking through the CAG site but when I search "Mediation" it comes up with 327 pages of results.

I've read a number of them and none of them seem to address this.

 

I've also read Andyorch's sticky at the top of this forum on Alternate Dispute Resolution (Mediation) and his one on The Process of Litigation and CitizenB's one about You've Received a Claim, What to Do.  None of these seem to cover the position I found myself in on this call. 

I don't think I'm an idiot but I also don't want to say the wrong thing and scupper my defence. 

I've tried looking for the answer on the site but I couldn't find it. 

 

The person who was going to book the mediation call for me told me that I can call back and if I give the "correct" answers, they can book the mediation call for me. 

 

I would greatly appreciate advice on how to proceed.

Nurselayer v Natwest - Settled in Full :D

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you have to enter into the 'spirit' of the mediation process

- that also entails giving the claimant as much time as possible to produce the information you state you require to make an 'informed decision' upon if to mediate or not.

 

until the actual phone mediation call, whereby the same questions are asked again, whereby you thus say NO to the above one - you state yes to all questions be them in letter, email or by phone.

 

thus you are seen to 'enter into the spirit' of the whole mediation process, thus putting more pressure on the claimant to actually prove their speculative claim as you did with your defence, CCA and CPR requests.

 

its all a great big game of chess. give them time, they will hang themselves without your assistance.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 3 weeks later...

I am on the mediation call. The mediator hasn't asked me if I've got all the information I need.  I've had to tell him that I haven't.

~Help I'm panicking a bit here.

Nurselayer v Natwest - Settled in Full :D

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correct say so then

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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He's contacting the other party to see what they say. I'm expecting him to ring back. I've said that I don't feel I've enough information to be able to make an informed decision at mediation.

Nurselayer v Natwest - Settled in Full :D

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They said they'd sent me everything and that they'd settle for £2400. I said I couldn't make a decision because I didn't have all the information.  Mediator said he'll refer it on to a court date.  I did do the right thing didn't I?

 

Nurselayer v Natwest - Settled in Full :D

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:rockon:

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Fab, thank you for all your help so far.  I shall post when I next hear anything.

Edited by Nurselayer

Nurselayer v Natwest - Settled in Full :D

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no you research what is next and get acquainted with how you then should respond...

 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 1 month later...

Hi folks, 

Hope you are all well. I just checked onto Moneyclaim and it says that the last history in the claim is that I filed a DQ. 

It's been 2 months now since I had the mediation call.

 

Do I just sit and wait?

Is there a time limit on what is to happen next? 

 

I've looked on here and as far as I can establish it's all now in the hands of the court to give us a court date - is this correct?

Is it usual to not hear anything for 2 months? (and yes, I know that the courts might be running a reduced service because of Corona)

 

I just want to make doubly, trebly sure that everything is hunky-dory and I don't need to panic.

Nurselayer v Natwest - Settled in Full :D

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the next move is not yours.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 5 months later...

Hi folks,

 

Today I received a letter from my local County Court telling me that a judge has allocated this case to the Small Claims track and that it will be heard remotely in April 2021.  The directions given are that 

 

Each party must deliver to the other party and the court copies of all docs on which they intend to rely no later than 14 days before the hearing

 

Original docs must be brought to the hearing

 

Docs sent must include the statements of all witnesses.

There's a fair bit of stuff in the directions but it all looks fairly standard and much of it doesn't apply (maps, police statements etc etc)

It also states that the claimant MUST pay the trial fee of £170 by March 2021.

I assume from reading up on other cases that I do nothing for the moment but wait to see if they pay the trial fee and send the documents they intend to rely on?
 

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Nurselayer v Natwest - Settled in Full :D

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i will guess it says exchange witness statements by 14 days before court date too?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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WS by 14days before as the 1st line says

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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