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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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 noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (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;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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ADCB/Moriarty claimform - UAE debt ***Claim Discontinued***


GoldenGoose
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you must acknowledge the service of the claimform within 19 days.

[acknowledgement of service]

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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Yes thanks, please treat me as a complete novice to this as I really am.

On another note can you point me to what the donations go towards as I really appreciate all this help its fantastic.

 

So!!

When I can login and send my response on MCOL (this is my AOS?)

The CPR is the letter I am sending asking for agreement and original docs etc?

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any donation goes directly to keeping this webforum alive as you appreciate its not a cheap adventure... 

we are all free time volunteers .

 

the MCOL AOS is simply a tickbox exercise

the cpr goes to moriarty

its worthy to note you've now wasted 7 of your 33 days, cpr should be sent ASAP not 7 days late but hey ho..moriarty don't turn up anyway should this go the whole nine yards.

 

so get it in the post by tracked 24hrs TOMORROW 

 

just incase you've not fallen in..or not been reading up

you DO NOT await any documents

you MUST file your defence via MCOL too by day 33.

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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Your a gent! 

yes I fully appreciate that you guys must be constantly busy and all the effort is appreciated,

I feel well out of my depth with this tbh so your help is a huge relief I just want to be sure I don’t make any mistakes by my ignorance and misunderstandings.

 

I am constantly on the road and will post my CPR on Thursday registered post, the AOS I will login again tomorrow night and submit as you suggest.

 

I have read as many threads as possible but not sure about my defence letter as I do not even know what this is they claim because the agreement date is well after I departed?

Guess who I will be asking for help??

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:rockon:

do not miss your defence filing date no matter what.

 

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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Share on other sites

its not a letter

you file directly on MCOL the same as you did AOS close to your dec 20 deadline

 

getting it filed and done is not something needed to be done ASAP.

 

give them time to see if they wish to play any cards they have yet. for us to judge the strength of their hand.

 

 

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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mcol is nothing to do with the claimant nor their dogs.

 

no harm in you researching what you might say in your defence mind.

 

I pers would be spending every spare minute reading up on all/every UAE debt thread here I could find.

then you'll be genned up on whats what whats to come next and how to deal with it as the court claim progresses.

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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well you might necessarily not

as the ones that are here stupidly thought it was a good idea not to post anything here following advice by one of the enemies spies that posted here advising never to post important docs..they subsequently mostly lost.

 

in all probability it will be based upon our std no paperwork/holding defence in most claimform threads here with a bit thrown in to encompass the foreign debt issue....

 

however..your main objective at present is to understand the overall UAE/Kuwait debt syndrome and its in and outs

 

 

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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doubt it very much..

 

you seem to be thinking they have a chance of winning..which seriously worries me as it obviously means you are not reading things properly or are not understanding ...

 

the more you read HERE the stronger we become.

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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Having only been into this for a few days I cant say I am filled with huge amounts of confidence in what I have searched or read because most threads just stop with no result or outcome.

I assume its just because everything stops and goes away.

 

Having read of people going to court and the outcomes is what knocks me back but as you mentioned this is due to their mistakes or its scare mongering.

 

This is Of no detriment to you and your help what so ever just things i have read so far but will keep plugging away and try to understand better

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well in real terms yours is the 1st claimform here from these players regarding a UAE debt

and p'haps shouldnt be too confused or roped in with the other historic threads here which mostly revolve around irdww cwd etc.

 

understanding what a speculative claim is [type it in]

and that moriarty [we call them morality]  never turn up at court anyway.

are 2 important other factors here..

 

most of the uae banks dumped idrww/cwd after years of them costing them £100'000's in costs and getting effectively nowhere in the recovery of some £40bn of supposed debts to them all.

 

they have now discovered the UK equivalent of  'cheap and nasty'

ie moriarty law and the likes of CLI and a law firm who's name escapes me for now.

 

they [quite legally] go for backdoor ccj's at old addresses in the uk,  hoping for a non contested default rubberstamped judgement through northants bulk [ a roboclaim or speculative claimform] court-where nothing is checked or even seen by any human.

 

the first people get to know its happened is when they apply for credit then get refused or get a court or HCEO bailiff at their door [but that's another matter altogether that might not be so much of a wimn as they might think!]

 

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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Thanks DX your explanation is great and helps me understand this situation a bit better.

 

because they got no response on my final demands they submitted a county court claim hoping again i would not respond so they could get a backdoor CCJ?

 

Now I have responded

they will need to provide all docs requested which they may or may not have,

if they cannot provide I guess it will go quiet until they try again!

 

is it likely they have done the smallest one because it’s small claims?

 

the others would cost more to persue?

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1 hour ago, GoldenGoose said:

Thanks DX your explanation is great and helps me understand this situation a bit better.

 

because they got no response on my final demands they submitted a county court claim hoping again i would not respond so they could get a backdoor CCJ? - :rockon:

 

Now I have responded

they will need to provide all docs requested which they may or may not have,

if they cannot provide I guess it will go quiet until they try again! - you MUST file a defence regardless, they can't try again for the same bogus debt no

 

is it likely they have done the smallest one because it’s small claims  the others would cost more to persue? 

 

no ..costs are limited in the small claims court, they can't add what we call unicorn food tax and extra costs no matter what happens below I think it's £5k.

 

there is also fast track under small claims where by you have to pay to progress thru certain stages and become liable for a greater liability with regard the claimants costs ...

 

many of the more experienced fleecers sorry DCAs/debt buyer, take that this route and issue claims for over £5k

but i'd say these players would not be one of them to risk it.

 

 

 

 

 

 

 

 

 

 

 

 

 

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...

Hi All,

 

I have just received the attached document, its a standard doc that asks for full contact details which I am reluctant to give phone and email!!! also asks if I agree this is suitable for small claims court, which court i would prefer the hearing at, would i like mediation, and to sign and return.

 

Its all tick boxes and straight forward but do you agree I dont give phone numbers and email just address? also do I sign this?

 

Thanks

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  • Andyorch changed the title to ADCB/Moriarty claimform - UAE debt ***Claim Discontinued***
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