Debt Managers/Restons claimform - old JDW CAT debt

[dave466]

Name of the Claimant ? Debt managers services

 

Date of issue –25/03/21

 

Particulars of Claim

 

1) The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and jd Williams dated on or about Nov 26 2015 and assigned to the claimant on sep 07 2019

notice of the assignment has been given to the defendant.

 

Particulars a/c no

 

Date 12/02/2021 default balance 2426.10

 

What is the total value of the claim? £2611.10
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Not 100% sure, possibly though 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred YES
 

Did you inform the claimant of your change of address? NO

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account CATALOGUE
 

When did you enter into the original agreement before or after April 2007 ? After 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ONLINE
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment?  Oct 2019

 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and paid £50 a month for a few months then couldn't afford it again

I have done aos un time but unfortunately been working away and now believe I have missed the deadline for the defence.

[dave466]

I have also previously about a month or so back sent a complaint to jd Williams with regards to irresponsible lending due to gambling and also already having bad credit file before being given the catalogue 

[dx100uk]

defence is due by 4pm tomorrow

you can file the same one (adapted ) as you did on the one they just disc'd

 

don't forget to send CCA/CPR off too.!!

 

[dave466]

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 Fasion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought  clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars.

3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

4. On receipt of this claim I sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. As per Civil Procedure 16.5 it is expected that the Claimants 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.

Edited February 1, 2022 by dx100uk
formatting

[dx100uk]

So you'd already sent cca/cpr weeks ago

[dave466]

No I will be posting 1st thing this morning when post office is open

 

Does the defence need adjusting?

 

Thanks in advance 

[dx100uk]

yes ofcourse it does 

you can't say they have failed then can you.

 

dx

 

[dave466]

Particulars of claim for reference only

 

1) The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and jd Williams dated on or about Nov 26 2015 and assigned to the claimant on sep 07 2019

notice of the assignment has been given to the defendant.

 

Particulars a/c no

 

Date 12/02/2021 default balance 2426.10

 

 

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 Fashion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought  clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars.

3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

4. I have sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date I am awaiting these documents.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. As per Civil Procedure 16.5 it is expected that the Claimants 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.

[dx100uk]

dave ..how many claims have you had...you should be a master better than me by now..

see the red bits above

 

CAT debts are section 78

and how do you know the claimant are currently unable to comply? 

 

don't forget the notice of assignment statement too.

[dave466]

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 Fashion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought  clarification by way of a CPR 31.14 and section 7request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars.

3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

4. I have sent a CPR 31.14 request and a section 78 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date I am awaiting these documents.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. As per Civil Procedure 16.5 it is expected that the Claimants 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.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 Fasion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought  clarification by way of a CPR 31.14 and section 78 request which I am currently awaiting from the claimant.

3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

4. On receipt of this claim I sent a CPR 31.14 request and a section 78 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

e) Show evidence of the notice of Assignment.

6. As per Civil Procedure 16.5 it is expected that the Claimants 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.

Yes dx you would think I should be by now but unfortunately not much sticks in my head.

[dx100uk]

Paragraph x is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor . 

 

what about the letter of claim...are you saying you def have not had any recent letters from anyone like in the last 6 weeks?

 

 

[dave466]

I believe I have had a letter of claim I honestly can't remember as split from wife and post still going there etc

[dave466]

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 Fasion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought  clarification by way of a CPR 31.14 and section 78 request which I am currently awaiting from the claimant.

3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

4. On receipt of this claim I sent a CPR 31.14 request and a section 78 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

e) Paragraph 1 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served 07 September 2019 by either the claimant or the original creditor . 

6. As per Civil Procedure 16.5 it is expected that the Claimants 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.

[dx100uk]

put e) back as it was

insert the para 1 line before the DN line as 3 above 

 

3. assignment

 

4. dn etc remunber

[dave466]

Sorry mate got stuck at work and had 3min left so I just submitted the last one I sent across.

Edited April 26, 2021 by dave466

[dave466]

I have received this email from lowells today.

 

We write in reference to the above matter.

 

We are writing to inform you that our Client are still in the process of complying with your s77/78 request under the Consumer Credit Act 1974 which was received by this firm on 6th May, 2021 and you should receive a response from them in due course.

 

We wish to make you aware that non-compliance with such a request only renders the account unenforceable until such time that the request has been complied with. It does not mean that the Claimant is unable to recover the debt indefinitely. -

 

Alternatively, our Client is prepared to consider any reasonable settlement proposals you may wish to put forward in order to resolve this matter amicably and avoid continuation of this litigation. Please contact this office by 2nd July, 2021 should this option be of interest to you.

[dx100uk]

the claim is now well stayed

so will cost them £255 to lift the stay

and with no paperwork, that is going nowhere.

 

ignore them totally until/unless you get a N244 in the post

 

dx

 

[dave466]

Thought as much dx. Thankyou for your time and replies, much appreciated.

[AndyOrch]

Topic open

[dave466]

Good afternoon all.

 

today I had a telephone call for a conference call with regards to the above.

 

I moved and my ex didn't pass any letters forward etc.

 

on the call the judge asked if I Was aware of the claim to which I replied I was. I also explained my current situation with regards to my residency and not receiving any letters.

 

The judge and also the solicitor were understanding and agreed for it to be postponed to allow me time to look through everything and for them to serve me with the documents to my current address. 

(Judge said could be upto 3 months for next hearing)

 

 

Also just to note, I owe the money and I am not trying to get away with not paying it do the above is mainly for advice on where I go from here.

 

I cant afford to pay it all in full but would be willing to make/setup payment plan if needs be. 

 

Regards 

 

N244+SJ Application+WS+Exhibits a .pdf

[dx100uk]

3 hours ago, dave466 said:

Also just to note, I owe the money

no you do NOT...throw the morality card out the window!! they and JDW did the day they opened the account!!

 

i have sorted the mass of PDF's now in one file

 

worthy to note

still no default notice from the original creditor

 

that one is FAKE and from debt managers.. a debt buyer cannot issue a default notice, they were not the creditor...

 

i'll look over the rest later

 

dx

 

[dx100uk]

reconstructed agreement. so how did your details get so perfectly typed in in the same very font and where has this come from, JDW or the claimants filing cabinet?

 

(ii) The Defendant does not dispute signing the Credit Agreement - yes you did , you did not say that in your defence.

 

statements doesnt say whose system they came from.

 

more soon .

 

dx

 

 

 

[dave466]

Thanks for reformatting dx100uk.

 

I think the agreement was accepted online electronically if I remember correctly.

[AndyOrch]

Did you submit a statement Dave in response to their application for summary Judgment /Strike out  before the hearing above ?

[dave466]

No Andy I didn't I'm afraid mail's been all over the place and now they have all my correct details