Copier
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Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
yes any thought on this anyone -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
yes november -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
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 r 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 . 2 .Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant 3 .Paragraph 3 I am unaware of any legal assignment or Notice of Assignment allegedly served nor have I ever been contacted with repeated requests for payment. The claimant only recently acquired the debt. On the 12/10/16 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 4.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; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.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 crediticon Act 1974. 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. they say the 18th -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
reading todays letter again if you do not contact or respond we will ask the court on xxxx to enter a ccj so hopefully but with the lies these tell they havent done anything yet is it a proper assignment notice? cld just amend that bit then (remove the denial) and put them to proof that they have sent a compliant required notice? its just a sheet of paper saying we here by give you notice and on the back a introduction to them obviously a copy no letter head -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
so now edited as yours andyorch All done no red in there i have a notice of asssignment now received around 24th so take out? -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
1.the defendant entered an agreement consumer crediticon act 1974 with shop direct. 2.The defendant failed to maintain the required payments and a default notice was served and not complied with 3.The agreement was later assigned to claimant on 11/12/15 and notice given to the defendant despite repeated requests for payment the sum of remain due and out standing the claimant claims £ 979 interest to s69 county courts act 1984 at rate of 8% per annum from date of assignment to date of issues accruing daily rate of 0.215 but limited to 1 year being 62.48plus cost What is the value of the claim? 1192 the value is 1192 total Original was 979 so add the red parts and take out my previouse black ones? not thinking right i see the red as their poc, head in a flap -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
What is the claim for –. 1.the defendant entered an agreement consumer crediticon act 1974 with shop direct. 2.The defendant failed to maintain the required payments and a default notice was served and not complied with 3.The agreement was later assigned to claimant on 11/12/15 and notice given to the defendant despite repeated requests for payment the sum of remain due and out standing the claimant claims £ 979 interest to s69 county courts act 1984 at rate of 8% per annum from date of assignment to date of issues accruing daily rate of 0.215 but limited to 1 year being 62.48plus cost What is the value of the claim? 1192 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 r 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 . 2 .Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant 3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served nor have I ever been contacted with repeated requests for payment. The claimant only recently acquired the debt. On the 12/10/16 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 4.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; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.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 crediticon Act 1974. 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. -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
yes i had acknowledged i will send off a defence and hope it goes through this should never have been sold on as it was a buy now pay later which ended march 16 payments have been made and the debt was sold in january Thank you all -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
sent them a email thanks -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
wont accept my claim number or password says they are incorrect and mc dosnt open again until monday tried calling them, -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
Take it its all screwed no chance for a late defence Ok so now i contant them and offer payment? -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
Sorry too late to edit that should say no default notice or cca as taken from the letter we have requested that the original creditor provide us with a copy of default notice and statement of agreement What now then there letter said we have requested the original and is on hold until they receive the response -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
Update received letter back on 22nd with a copy of notice of assignment default notice and they requested my cca with original creditor then a letter saying they have requested the cca and account is on hold until they receive a response today I have a letter saying I have failed to respond all has been acknowledged on mc online and they will issue procedings if I don't respond by the 18th no cca yet and as I said all acknowledged online have I missed anything? Tia -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
Thank you dx all printed and ready to go -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
LOL saying that i need to put my contacts in:oops: -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
I thought my first post was the q& a in that link that was the first place i looked and the details are the same as in post number 1 is there something im missing here -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
so just send the a income expenditure instead? -
Lowells/? claimform - old Shop Direct CAt debt
Copier replied to Copier's topic in Financial Legal Issues
so i take it to cca shop direct and cpr 14 lowells? TIA -
Name of the Claimant ? Lowells Date of issue –28/09/16 What is the claim for –. 1.the defendant entered an agreement consumer credit act 1974 with shop direct the defendant failed to maintain the required payments and a default notice was served and not complied with the agreement was later assigned to claimant on 11/12/15 and notice given to the defendant 2.despite repeated requests for pyment the sum of remain due and out standing the claimant claims 979 interest to s69 county courts act 1984 at rate of 8% per annum from date of assignment to date of issues accruing daily rate of 0.215 but limited to 1 year being 62.48 plus cost What is the value of the claim? 1192 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? shop direct When did you enter into the original agreement before or after 2007? after 2007 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. Lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure Did you receive a Default Notice from the original creditor? not sure as everything is online statements nothing comes through on paper Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ? Why did you cease payments? was on a buy now pay a year later What was the date of your last payment? September Was there a dispute with the original creditor that remains unresolved? ? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? never got anything paper from them any help appreciated going to look at further thread to get advise on what to send
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In fact their letter from the legal department states a incorrect amount to be paid and she admitted this was a typo
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Hi upon checking they have applied inhouse solictors costs i can undertsand the court fee and interest but the inhouse solicitor fee could i dispute this
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brill i just have so many people that then say it wasn't a agreed transaction after our discussions
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yep i agree i will speak to them on his behalf tomorrow make sure it is just court costs he seems to think they want more
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Business to business
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yes he was trading with them he paid the debt but now they want the court costs my friend has left it late and only asked me this weekend
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