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    • Oh yeah, I messed up the numbering. So should I keep paragraph 1-3, then use my original ones for the CCA? No CPR / NOA or DN. Thank you for your patience. I don't really fully understand all this legal stuff.   Revised draft defence:   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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.    2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.    4. On the 04/08/2018 I sent a formal request for a copy of the Credit Consumer Agreement to the Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. <---- do i need to delete 77 or 78? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the agreement and that any account they had was unenforceable so therefore the Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.    Thanks
    • Ok, you haven't got the set aside yet so you can't file the 'full blown' defence we would normally file upon receipt of a claim form, you need to await the set aside and if a subsequent hearing is requested to file what you have.   your 1st no.5. Is about the only relevant bit above. But no a cpr is not a cca and you didnt send a cpr or any other request for noa or dn?   DX
    • DRAFT DEFENCE 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.  4. On the 04/08/2018, I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. <<- is this the CCA request? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the original agreement and that any account they had was unenforceable so therefore, the Claimant has failed to date to respond to the CPR and remains in default of the section 78 request. <<- their response to CCA request 3. 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 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant should prove the allegation that the money is owed. 5. On the alternative, if 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.  6. 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 believe the facts stated in this Defence are true.
    • just copy and past the text into a msg box here then its far easier to edit/quote for us please   dx  
    • Hi dx   Thank you very much. That has been a great help. I have been searching the forum, but wasn't finding anything that I thought was relevant to our situation.   Find attached v2 of draft defence.   Have I missed anything? are the other documents ok?   Thanks cag-ddv2.pdf
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Sara v's GE


saralou
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Hello all,

 

In the process of claiming from Abbey but over the years I have had a few accounts with GE and thought I may as well start those as well! Do I need to send £10 for each account I'm claiming for...I know its a basic question but I've read so much this afternoon I am beginning to lose my sanity!

Thankyou all

 

Sara

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No, you just pay once for all GE accounts.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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