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By honeybee13 · Posted
Thread reopened. HB -
More like they are no use to them, and what little use is negated by the 'extreme' requirements of the smaller party(s) .. Con/DUP aside erk! - how did overwhelmed become warmed in that last post! I've also noted that when quoting, then type straight away, sometimes my text goes in backwards (literally reversed) until i delete the whole line and start again. - weird, Trojan scans come out clean and those aren't simple typos
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By disneygirl · Posted
POC 1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number ********** 2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured. 3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment. Note: The above is paragraphed by the Defendant as Claimant could not be bothered. 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. Paragraph 1 is noted and accepted I have in the past had financial dealings with AvantCredit. I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors. 3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit. 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date 26-07-2022 (recorded delivery), and the claimant remains in default of my section 77 request, dated 26-07-2022 (recorded delivery). 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; and (d) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, TM Legal Services, likewise. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. 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. once again many thanks for your hard work and guidance dx -
By brassnecked · Posted
Exactly TJ they would but the Con/Lab/Lib are secure as the other party leader's are in their silo's and unwilling to talk to the other's.
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