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    • I am not behind on any of my priority debts and have been paying them 1st, its just I can't find a way out of making the balances smaller as the interest and charges get piled on top every month.
    • your other expenses are the priority ones that must be paid 1st   are all these still with/paying the original creditors?
    • looks good to me   not due till / by 4pm monday
    • you need the particulars of claim ring northants bulk and ask them to send it by email pdf or get them to read it out ...RECORD YOUR CALL>   the sb date does not run from defaulted date.   there are numerous threads here on these backdoor erudio CCJ's when the loans had never eben deferred with erudio so must be sb'd.        
    • Hello Everyone   I would like some advice of when I should submit my defence to the court. The Claim form I received was dated 23/09/2021, however it didn't actually arrive with me until the 27/09/2021. I haven't received any response from LC Asset as of yet to my CCA Request and only what I would call stalling letter from Kearns as mentioned above on the 07/10/2021 to the CPR31:14 request.   I have also listed below a 1st draft of my defence and would appreciate any help and advice or suggested inclusions or amendments.   1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/11/95. The agreement is regulated by the Consumer Credit Act 1974 (CCA) was signed by the Defendant (D) and from which credit was extended to D.   2.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.   3.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   And C claims - 1, £3751.16, 2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per Annum from 15/12/2020 to 23/09/2021 of £206.18 And thereafter at a daily rate 0.79 to date of judgement or sooner payment. Date 23/09/2021     1, Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 4. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request. 5,It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (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;   6. As per Civil Procedure 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 82A 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.   Thank you in advance of any help offered    
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help !!! complicated case


voyager9
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i am looking into a royal bank of scotland claim for my cousin and we suspect we may have a problem my cousin was sole account holder on this account uptil 1997.

 

then had his girlfriends name added however when they split in 2002

and she volantarily took her name off.

 

then it was his sole account again.

 

they are not speaking he cant even see his kids so theres no chance she would claim with him.

 

i am wondering if they will argue this point or not any advice would be apreciated

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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As far as I have seen so far, it only appears to be the Yorkshire/Clydesdale that are getting picky enough to argue this point, but it's to be hoped it wouldn't get as far as court anyway.

 

Go for it, I say. Nothing to lose, everything to gain.

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thanks seahorse

 

i have done the sar for him today he sending it monday

 

we will see what comes back

has any one heard of the bank not having a agreement for a loan being a case for a ccj to be set aside also he and former girlfriend took it out but only he got ccj and he has had to pay every penny leaving girlfrien scott free and she got house

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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