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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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        • Thanks
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Idem Claimform - HSBC Credit card from 2005


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Try again: thanks for bearing with me

 

I have copied the text in post 21 and added in the line missed:

 

Does this now look ready to submit?

 

 

 

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. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

In response the claimant has disclosed they do not have an agreement between HSBC and Myself

 

And in response to my section 78 request for the HSBC agreement - was not supplied

 

3. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

4. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

 

5.Paragraph 5 is noted but I refer you to my point 2 that i am unaware of the alleged debt they are referring to

 

6.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 with the Claimant; and

(b) show and evidence the nature of any breach and Default Notice;

© 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 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.

 

 

9. 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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No the above has parts missing use the one in post #21 which I have already edited...there is no need for you to do anything to it except submit it on MCOL

We could do with some help from you.

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55 minutes ago, Welly26 said:

Hello DX100 uk, 

 

Apologies, I thought I needed to edit the above to suit my case.. My bad. 

 

there is not a 16 digit number in the claim, its exactly has written. 

 

oh well typical PRA claim they don't even know what type of debt it is !!

 

ruddy fleecers.

our post numbers are diff to 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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3 hours ago, Welly26 said:

Hello, what do think of this? i have taken most of it on the above mentioned posts, i need to submit today really because I don't think I will gain access to a computer tomorrow 

 

1) An agreement between HSBC and Defendant/s (D) subject to standard terms and conditions

2) Claimant (C) purchased the debt 13/10/2016

3) it was a term of the agreement that is any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable less (on Payment) any rebate that D maybe entitled

4) D Failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay sums due, which consequently became immediately due and payable, Formal demand issued dated 10/08/2020

5) D has failed to pay outstanding balance of £4277.61

 

************************* FINAL Defence *********************************************

 

 

 

1.  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.

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. I have in the past had financial dealings with HSBC . I am unaware of what alleged debt(s) the claimant refers to having failed to adequately particularise its claim,  or even referring to an account number. I have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

In response the claimant has confirmed they do not have an agreement between HSBC and Myself

 

And in response to my section 78 request for the HSBC agreement - was not supplied and therefore remain in default and prevented from enforcing the alleged agreement.

 

4. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment at the time of the Assignment.

 

5. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

 

6.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 the nature of any breach and Default Notice;

(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 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.

 

 

9. 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.

 

 

 

 

this one^^

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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Thank you, I never noticed you had edited to such an extent.. I really appreciate your help. 

 

I am assuming I don't wish to make a counter claim? 

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What could you possibly counter claim for ?

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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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I never expected to see an option of a counterclaim so pressed no and that looks correct. 

 

Thank you for all your help so far. 

 

what now, do I just wait for the court to contact me? 

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use our enhanced google search box

type in claimform lowell card

 

and get reading as many threads as you can

 

the more you read

the stronger we become.

that will also give you advice on what is next

what is to come as the claim progresses

and how to respond.

 

but you are most welcome and advised to check here 1st.

 

 

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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Hello i have just logged on to the MCOL online portal to check if any updates and its says DQ sent to you on 28/09/2020 will this be sent by post and will there be anything I need to do? 

 

Will this be sent in the post? i cant see anything online. 

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you should be reading up like threads

 

DQ is the N180 hundreds of threads here ' best to use the search i pointed you too before

 

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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Or use ours and complete on screen...looks far more professional......print 3 copies.

 

 

Your hard copy from the court will contain the date it must submitted by.

 

Andy

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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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