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HSBCrusher

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Everything posted by HSBCrusher

  1. Stick with small local charities, local hospices for instance. Or give to the needy direct. I've done work for one very large famous charity. Money was no object, there was no expense spared. It's so easy to spend someone else's money!!
  2. lovely. Thank you. The deadline for subitting a defence is the end of the week.
  3. 1. The Defendant contends that the particulars of claim are brief, 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. 2.Paragraph 1 is noted, although I do not recall entering into a contractual relationship with Shop Direct or am aware of any balance outstanding. I have therefore sought clarity by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests. 3. The second paragraph is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, 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. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  4. 1. The Defendant contends that the particulars of claim are brief, 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. 2. The claimants first paragraph is in question with regards to the Defendant owing any monies to the Claimant. The Defendant cannot recall having signed a contract with the claimant, and whether any monies were owed. The claimant has failed to provide any evidence of contract or breach as requested by CPR 31.14 and is in default of a Section 77 request. 3. The second paragraph is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, 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. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 77 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. So I am to admit to having a contract? I can't remember ever signing a contract with these guys. As its a littlewoods type thing I would have not signed one anyway.
  6. With reference to other threads, I think this will do.... Particulars of Claim 1.The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Shop Direct dated on or about XX XX 2009 2. Assigned to the claimant on XX 2011 Particulars A/C no XXXXXXXX Date Item Value default balance XXX.XX post refrl cr nil total XXX.XX 1. The Defendant contends that the particulars of claim are brief, 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. 2. The claimants first paragraph is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of contract or breach as requested by CPR 31.14 and is in default of a Section 77 request. 3. The second paragraph is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, 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. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 77 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  7. you got it in one is this a problem? Ive asked them for the stuff- they would be sending it to the same address that the MCOL was sent to....
  8. probably lol. so they're happy to serve court papers and even reply to my letter to this address but not send the information (which they obviously don't have) that they're relying on in court.
  9. Letter back from the sols, they're not going to talk to me as I didn't sign the letter...
  10. I'm going to prepare something along the lines found here http://www.consumeractiongroup.co.uk/forum/showthread.php?469389-Hoist-Cohen-Claimform-cahoot-Flexible-Loan-debt-(2-Viewing)-nbsp Ill post it up for approval.
  11. Im going to put it in early Just something about I've asked for paperwork theyv'e not supplied it so I cant defend?
  12. when I discussed this with the woman at MCOL (I rang up to ask if I could serve the papers there) she didn't think that I could. It didn't quite ring true so I thought I would post in here. Thanks for the advice ericsbrother
  13. After a bit of a delay, I'm about to put in a MCOL in. problem is the lady in question is claiming she isn't at her old address and wont give me a new one. can I serve the papers to her shop?
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