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ADCB/Moriarty claimform - UAE debt

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that's simply a letter informing you of what has been sent to the claimant to now action as you've defended the claim...

 

was there a blank N180 inc for YOU to fill out?

 

dx

 


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Hi DX 

 Yep you’ve got it, its all straight forward just wanted opinion on details I give out and signing, will this form only go back to the court and NOT Moriarty?

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Urm just review ing the thread..

what defence did you file and when??

 

DX


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I haven’t filed the defence yet, its not due until 20th, I haven’t received any of the documents requested yet so my defence is currently no evidence provided that this is my debt and how it has been calculated etc

 

A claim was issued against you on 19/11/2019

Your defence was submitted on 27/11/2019 at 10:54:05

Your acknowledgment of service was submitted on 27/11/2019 at 10:56:35

Your acknowledgment of service was received on 27/11/2019 at 12:05:16

Your defence was received on 27/11/2019 at 12:05:16

DQ sent to you on 10/12/2019

 

I'm confused as I have only returned the court claim response.

 

We seem to be back on the wrong thread DX!!

 

Ah no this is the correct thread.

Looking at my defence notes it says defence to follow???

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Oh dear

Looks like you didnt follow instructions

 


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I completed the AOS on MCOL as we mentioned, in the defence box i entered defence to follow?

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Sorry no I talk rubbish, I sent the AOS and then completed the form on MCOL which was my defence!!!(didnt realise)

My defence is 'Defence to Follow'

 

What now DX??!!

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Obviously I requested all the documentation as well which is what I still haven't received !

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As per 'post 20' you mention you do not file a defence so I entered defence to follow, should I have left blank??

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you should have entered nothing.

 

this is why its so important to read instructions and other like threads carefully.

 

 


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Is there still chance to submit my defence as it is the 20th final date for submission?

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no harm in ringing northants bulk Monday as fessing up to your mistake

ask what you can do as you want to actually enter a CPR compliant defence


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Unfortunately I tried 3 times today and was 54 in cue at best and just didn't have the time to wait, more time tomorrow so will try again and revert.

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Hi DX, 

Just got through to Northants Bulk and they have said I can said via email before 4pm today, so far I have not received any of the documents requested from Moriarty, so I plan on this being the bulk of my defence along with the out of jurisdiction 

Do you have anything further i should add?

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Is it just as simple as attaching the CPR to the email and mention all documents requested have not been received therefore I do not belive this claim to be true?

 

How does that look??

Defence.pdf

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5. It is denied that [Original Creditor] 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.

 

Not applicable to UAE credit agreements...


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Ok will redact that !

 

then good to go?

 

cheers andy

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Not particularly good I'm afraid to say.......why not amend one of our usual defences and edit out any reference to CCA1974.

 

You have missed the following for starters....

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol

) ?No 

 


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Particulars of claim for reference only.

 

1.The claimants claim is for the balance due under an agreement dated 19/12/2014 which is now all due and payable.

 

2.The defendant agreed to pay monthly instalments under account number **************** but has failed to do so and the claimant claims the sum of £877.52

 

3.The claimant also claims interest thereon pursuant to S.69 county court act1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £70.20

 

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 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.

2. The Claimant claims £ xxxxxx is owed under a credit agreement account reference xxxxxxxxx with Abu Dhabi Commercial Bank. I do not recall the details or  type of agreement which the claimant fails to state in its pleadings, and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any Notice of Default served under UAE Law in breach of any defaulted payments.

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 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 under UAE Legislation; and
(c) show how the Defendant has reached the amount claimed for.

5. After receiving this claim I requested by way of a CPR 31.14 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 remain in default with regards to this request.

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

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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I removed point 8 of the above and edited as applicable 

Thanks again

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You mean point 7 with regards to assignment. (now edited)

 


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