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dillon21

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Everything posted by dillon21

  1. dillon21
    Sorry I have started to duplicate at the bottom
  2. dillon21
    Particulars of Claim The Claim is for £1752.23 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and /or goods. This debt was assigned to/purchased by Lowell portfolio I Ltd on the 11/03/2010 and notice served pursuant to the law of property act 1925 Particulars Re Shop Direct A/C No And the Claimant Claims£1752.23 3. The claimant also claims interest pursuant toS.69of the county court act 1984 from date of assignment of the agreement to date but limited to one year and a maximum of 1000 amounting to 114.10 My Defence 1.It is accepted that i have had financial dealing with shop direct in the past but have no recollection of the account details, it is therefore denied and the claimant be ordered tio disclose evidence of any alleged balance. 2 I am not aware of any assignment of any alleged debt nor have i ever received any notice of Assignment pursuant to the law of property act 1925 3. The Claimant is denied section 69 interest to the value of 114.10 which the have included within the alleged debt it has yet to be judged and is at the discretion of the court to allow the interest 4. On two previous occasions i requested information pertaining to this claim by the way of a CPR 31`.14request and a section 77/78request.The claimant has declined to respondto the request and remains in default of the section 77/78request and until such compliance is unable to request any relief connected to the alleged agreement 5. Without clarification of the claimants claim, the defendantis extremelydisadvantage and the claimants claim seem to be spurious and without merit 6 The particulars of the Claims are vague and unsubstantial with regards to the defendant owing any monies to the claimant and the claimant is to put to strict proof to Show how the defendant has entered into an agreement or contract with the claimant and Show how the Defendant hs reached the amount claimed for. And Show how the claimant has the legal right, either under statute or equity to issue a claim. 7 As per Civil Procedure Rule 16.5(4).it is expected that the claimantprove the allegation that the money is owed. 8 Furthermore, if the claimant is an assignee of a debt, it is denied that the claimant has the right to lay a claim due to the contraventions of section136 and 196 of the4 law ofProperty Act 1925 and section82(a) of the consumer creditcon Act 1974 9 The claimant has failed to comply with sections 111 AND 1V of the pre action conduct “practice
  3. dillon21
    A pc have typed up and saved in word 2007 doc
  4. dillon21
    Ok have typed up how do I copy and paste never done it befor will also google it lol you must be tired if my questions
  5. dillon21
    So I need to physically type all that could take a while bear with me
  6. dillon21
    Just one thing sorry is this something I have to write up or is there a template Thank you
  7. dillon21
    So i will type that out this evening how do i post it up her for you guys to see
  8. dillon21
    I have spoke to a gamily member who is able to lend me the money to pay this but only at £500 a mth they didn't ask why I needed it I am wondering could I send a letter to court and claimant asking if they would except this anyone pls I don't want another charging order just one thing should I mention I'm registered disabled and receive Higher rate DLA would this impact on the judges decision Thank you
  9. dillon21
    I am at the stage of spoke to mediation but because I told them I had not received any of the documemts I asked for they referred it back to the judge which i now have till Friday to hand in the defence as stated above
  10. dillon21
    Hi I put in the defence that I had contacted the original firm who was collecting debt and asked for cca and cpr but received nothing back it was then put forward for mediation but when I rand and told them (mediation team) that I had received this information it was sent back to courts and that where we are now I need to put in a defence put what else can I say except I have not received this information Thank you
  11. dillon21
    Which I shall find on here yes Could someone pls advise how to set out a good defence in these cases Pls Many thanks
  12. dillon21
    Just a thought could I maybe write to the court and ask for an order to be suspended if I can pay the full amount in say 12 weeks or would the charging order still go through
  13. dillon21
    I'm worrying myself sick here reality as hit I have two charging orders on my house I can I go about paying them off I have heard nothing from court or the debt companies since these orders where made a couple years ago I want to start paying a regular amount
  14. dillon21
    That I had got in touch with the original company's asking for the origanal cca or cor
  15. dillon21
    I have received a general form of judgement order and have till 4pm on 19th June to file and serve a fully pleaded and particularised defence what should I say in that defence and do I need to do it on a downloaded form
  16. dillon21
    Hi I have been unable to sort things until now had an op but still have time to sort when I go to the N24 form there are lots of options the one I just printed is application for suspension of a warrant and/or variation of an order is this the correct form it asks for all finically employment details etc
  17. dillon21
    Thank you that's most helpful will do that tomorrow I will read the sticky thread now it's a joint ownership I can't seem to find the sticy thread for charging order
  18. dillon21
    Ok finally got through to mediation team said what is written above they said not suitable for mediation will go back to judge transferred to local court my only concern is that I will receive a letter like the one foe another case saying defence stuck out pay by such a date will this happen or will it have a chance to get in touch Many Thanks
  19. dillon21
    Thank you
  20. dillon21
    So should I now fill in this form send it to the court and ask to pay in instalments Also can I ask for it to be on a direct debit to be set up Next step,pls guys
  21. dillon21
    Sorry when you say a formal application what do you actually mean I just wrote a letter obviously by the sound of it I have done yet something else wrong
  22. dillon21
    ok Ok I wrote to court asking to make mthly payments heard nothing back now have had a letter about a charging order to be heard in June this case just gets worse is there anything I can do apart from pay the full amount off which is not a possibility thanks in advance
  23. dillon21
    Hi I did the above have had a message on phone to ring mediation what should I say to them sorry if that sounds dumb but don't have a clue what I should be saying TA
  24. dillon21
    Good Evening I am sure I have not posted about this actual debt before so wont get told off. I received a claim form from the court on 10th Feb from Lowell portfolio which I replied to and defended sayind I had asked for a cca and a sar which I had not received a reply to I have now today received a notice of proposed allocation to small claims track now I believe I just fill this in saying I case be referred to small claims mediation service what worries me is I did this with the form I received for a different debt next thinh I know the judge awarded for the claimant don't want to be in that situation again should I just go ahead fill this form in and wait or should I be writing to someone else MANY THANKS
  25. dillon21
    What is a Tomlin order

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