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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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bongobaz v citi ****won****


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just got back from the courts!!

all went well!

the judge was amazing and helped me out alot!

he rules the the citi charges were a penaulty and so are un enforceable !

been awarded all my charges back, 8% interest, court fees and travel expenses!!!

:)

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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Nice result. Well done.

 

Two cases, two days. Two wins. Can't get better than that!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Congrats bongobaz and well done!!! Citi have had a few 'bloody noses' lately :D:D

Citi Cards

- S.A.R sent 29/01/07

- Statements received 08/03/07

- First Request sent 12/03/07

- LBA Sent 21/3/07

 

Bank of Scotland

- S.A.R. sent 27/02/07

- Request for Payment sent 14/05/2007

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taken 10 months from start to finish so far!

they have 28 days to pay up now but told they might not!

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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CONGRATULATIONS BONGOBAZ - They will have to pay up when you send in the Bailiffs!!!

 

thanks to all!!

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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CONGRATULATIONS!!

 

Well done, bongobaz!:D

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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I am seriously impressed Bong, well done you!

 

Congratulations.

 

You are an inspiration to others!

 

Y

Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

Citi Cards -WON!

 

Banks

 

08/06/06 Claim against NatWest started.

01/11/06 Case Closed :)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :)

 

 

Visit my forum: http://www.planet-watch.org/forum

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Congrats Baz.. was this against Citicard or Citibank?

 

it was citicards

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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  • 2 weeks later...

Excellent news. Have you got details of the judgement.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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superb!

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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If they dont pay.....consider using an enforcement officer they are very quick,work outside 9-5 hours and will get it very fast. costs incurred by you for using them will be collected and given to you with your money.

The Courts are very slow with theirs.

If you go for a warrant make sure that it lists their registered office Castle Street Reading and NOT Salford !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i had a letter from the courts last week stating they had to pay up before 22nd of june but so far nothing!

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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  • 2 weeks later...
If they dont pay.....consider using an enforcement officer they are very quick,work outside 9-5 hours and will get it very fast. costs incurred by you for using them will be collected and given to you with your money.

The Courts are very slow with theirs.

If you go for a warrant make sure that it lists their registered office Castle Street Reading and NOT Salford !!

 

how do i go about using an enforcement officer??

citis deadline for my payment is 21st june!

i know i can go to the courts but that can take 4 weeks or more?

any advice??

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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  • 3 weeks later...
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