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    • Hi ¬† Something else I think you need to ask the Insurer¬†for Clarification on is. ¬† That you require full clarification on which clauses within the Terms & Condition of the Policy¬†they are using to refuse payment under the Policy. ¬† ¬† I would also consider sending the Insurer¬†a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form) ¬† ¬†
    • matters not what they come up with it's statute barred ¬† ¬† ¬†
    • Revised defence: ¬† The Defendant contends that the particulars of claim vague and are 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. The Claimant claims ¬£2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. 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 78 request who are yet to fully comply. I dont believe they have provided this yet correctly ¬† 2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands ¬† 3. 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 and evidence any cause of action and service of a Default Notice or termination notice; and ¬© 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; ¬† 4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request. ¬† 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, 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 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. ¬† ¬†
    • Just received a letter from lowells sols stating they have note of my aos ¬† They have stated they have attached -¬† Copy of agreement, statement and notice of assignment ¬† HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before ¬† They state they have requested a copy of my default notice ¬† So in light of this shall i still send the same defence? i think it still stands right? ¬†
    • Just had a Clear Score update which says: ¬† A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you‚Äôve closed an account. Maybe you‚Äôve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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sewingkit

CCJ already issued, options?

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Hi Everyone,

 

..not been on here for ages......ūüėú

 

Asking for my best mate.

 

He just had a CCJ issued against him for a Premier parking issue, one these speculative invoices I think.

I don’t need to go into details now as my questions are simple to start with, etc

 but you can guess he ignored everything,did nothing, and it’s gone this far, reasons for another time.

 

a few questions please, can you help...

 

Is the only thing he can do now is a ‚Äúset aside application‚ÄĚ? And is that request time limited, does he have to do it within a certain timeframe.
 

After reading a few things on here am I right to assume the Set Aside is a tricky thing to do?

 

He is only trying to repair his credit rating, which halved upon this CCJ!!!!! His was perfect before this.

 

In a slightly related question, why are parking fines related to a credit report.

It’s not like he missed a loan repayment or credit bill payment.

You could argue that non payment of spurious questionable parking fine is certainly not related to the repayment of credit or credit worthiness....

 

TIA

Steve

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Well, he owed a debt, had that debt established in court and then defied the court by not paying the debt even when ordered to by the judge.

 

That's what a credit report would conclude.  Doesn't matter that the "debt" didn't exist and was made up by fleecers, once he didn't defend the court claim he was going to lose and once he didn't pay a CCJ was inevitable.

 

Yes, a set aside is the way to go.  I don't think there is a time limit, plenty of people go for a set aside yonks after the event as they had moved and never got the court papers.

 

 

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its not a fine

that would be a criminal court not a civil county court CCJ.

 

not really much point in setting aside cost £255 as much as paying the CCJ itself

 

what date was it issued please?

 


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

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yeah, the costs are similar ofc but I should have said and I don’t know if he can do this but I think he wants to get the CCJ off his credit file, he’d happily pay to get it off. If he was to set aside successfully would he be able to get it off?

 

8th October dated

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opps no outside of the 33 days he had to pay it for it not too show sadly.

 

we are going to need far more info than what we have here now to even think of suggesting a set aside.

this is compounded by the fact hat you say he totally ignored everything inc the claimform?

 

oh well time for you to get scanning.

scan everything he has please 

every letter, the lot.

 

one good point is we only need the front page of the claimform..not the complete pach from northants bulk.

 

please makes sure you redact things properly but leave times and dates etc.

just remove his pers details, reg/pcn/ref numbers and any bar or QR code boxes.

read upload 

put everything in ONE MULTIPAGE PDF FILE ONLY please

 

 

the sad fact here is premier haven't ever won any CCJ's when cases are defended. they run away.


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, I’ll have to ask him if he wants to go any further and tbh I’m not sure he has anything kept, the claim form, etc. I’ll ask him tomorrow and see what he says or has.

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well the only way now to get it removed is via a set aside cost £255.

 

even paying the CCJ and it being marked as satisfied will not sadly improve his credit file nor prevent it poss killing any credit for the 6yrs it will show on his file for regardless to payment.

 

TBH: there would have to be something seriously wrong for a set aside to succeed 

location of the car park might help us at the least.

 

 


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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Another victim of an industry that shouldn't exist, just hope he hasn't binned everything as usually there is something where the fleeces shoot themselves in the foot, making any claim doomed if defended.


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