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Noshovel

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  1. I'm sure an expert will be around befor long but keep searching other threads you will see how others have done it before Good luck
  2. Processed small donation a little while ago - Real name is no problem I wouldn't be standing on my own feet (just) no were it not for Martin and others on this forum
  3. Thanks no I don't have it I only have the docs the original creditor supplied to me as a result of my subject access request. I guess I may be stuffed then. I did have an account with the original creditor which I understood to be written off due to my financial hardship in 2007. I don't disput that I held the account. Since I'm told that these days the judge will agree any old reconstituted paperwork. The only other things are barely legible agreement reconstituted statements. With some proportionally minor discrepancies, and some unreasonable charges. These people have inflated the debt to more than double and are thretening more and more in costs. I don't have anything to pay them with, clearly they are after my home..
  4. Robinson Way have issued a claim against me some time ago now the claim was stayed to allow time for the parties to reach agreement I made a without predudice offer which they did not accept. I've received notification from the court that the case is being transferred to my local court and I've now received notification that RW have appointed new solicitors dwf. There are a number of issues but please correct me if I'm wrong but from my research I believe that their claim fails as there is no default notice. Dwf's letter reads Our client is still seeking the original default notice but evidence from C One (original creditor) is that the notice was served. It is possible that details are stored on a screen print so a physical copy was not included within your data subject request. In our opinion the debt is valid and recoverable...threats of mounting costs. And wanting to take a charge against my house. Any advice or comments are appreciated
  5. Well it was way overdue and I was forced to put in a defense with out it but the claimant has finally responded to my part 18 request. The documents attached are incomplete a cut and paste job for an agreement and incomplete statements of the alleged debt. The say that I have no prospect of defending sucessfully quoteing CPR 24.2b no complelling reason why the case should be disposed of at a trial. They give me 14 days to respond. Can anyone advise be about the format of my response I would like the case transferred to my local court for a hearing. Any thoughts anyone? Getting deperate
  6. Well I think predictably the other side have not responded to my CPR18 my defense has to be in soon.
  7. Thanks I'll word another letter directly to the Data Controller. Will let you know how I get on.
  8. I see, so even though we have a long time lag here it is "possible" I suppose. The letter is from solicitors acting for the bank so I guess they should know. I do recall fretting about being taken to court in August 08 this is because my Mum took me on holiday at that time to get me some rest:)
  9. Hi Brig Riding on my sucess with the above I check the rest of my experian report with a fine tooth comb. I found another error this time ***yds *** Bank I noticed that the entry in the experian report had the default date 08/08 where as my records have the default notice issued 12/07 I sent a letter to the "CDR Data Quality Team" asking them to investigate and make a correction they have not replied but I have recieved a reply from Solicitors who acted for the Bank in respect of litigation regarding this debt (I'm paying a regular sum every month). The reply indicates that they agree that the default notice was 12/07 but they account was referred for recovery 08/08 Which date then shoudl be the correct default date in my experian entry? Help and comments are all very much apprecated.
  10. Hi Netty I'm not an expert and I'm working right now (or should be) but this could help Dont worry about being late, just contact the court anyway is my advice. Form N244 is the form for strike outs etc N244 http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484 Is used to ask for set asides, strike outs, special court orders eg. For disclosure, leave to amend a claim where the other side have refused consent etc. Look here about drafting if you get to asking for a strike out or similar http://www.consumeractiongroup.co.uk/forum/showthread.php?282955-Hilesden-securities-court-papers-received-**-Discontinued-***/page6
  11. Subbing. I bumped into some of your post yesterday and it lead me to a helpful place. Good luck with everything.
  12. I’ve been doing a lot of research this weekend and I’m inclined to go the CPR 18 route as per London Guy http://www.consumeractiongroup.co.uk/forum/showthread.php?320879-Lloyds-Overdraft-IND-collections-and-N1CPC-County-Court-Form and others on this forum. I’ve drafted CPR 18 request which is largely a cut and paste. Any comments are welcomed. IN THE xxx County Court CLAIM NO: xxx BETWEEN: xxx Claimant and NoShovel Defendant CPR PART 18 REQUEST FOR FURTHER INFORMATION To: Claimant Please answer the following questions: 1 In your Particulars of Claim you refer to debt(s) being assigned to yourself could you please clarify from whom the debt was assigned what type of debt you refer to and to what grounds you substantiate this claim with regards to any written paperwork by myself that this claim will be reliant upon, along with any terms and conditions applicable and in particular any means as proof of breach or termination thereof. 2. In your Particulars of Claim you state The Claimant complied with Section III and IV and Annex B of… It is assumed you mean to say …the PD Pre-Action Conduct. If you can expand how this was complied with and what you wish to rely upon and be disclosing at standard disclosure? 3. Can you confirm that you are the legal assignee of this alleged debt by way of proving relative details of the date of assignment and amount and that you are entitled as the now legal owner to commence these proceedings. For reasons of clarity is this an Equitable or financial Assignment? TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU
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