It's not that kind of debt yet, but the original company have hired two different agencies to chase(I have made sure my friend kept all the letters).  

I just found this statement in an email to be odd.  

She emailed this company just to let them know that she is paying the original company every month, and that the company have instructed two different agencies to chase.

It is money she owes, and agrees she owes and is willing to repay(and is doing so).

If it goes further, I'll make a proper post, thanks for the reply.  

Can pre-action protocol be issued via email?  

Had an email from a "paralegal" that states - 

"Under the Pre-Action Protocol for Debt Claims you have until 29 September 2023 to respond."

Why would she inform the court?  The matter was over?  Is that just a precaution because of the way it was struck out originally?  

She can't call, will they give thatt info out if she emails the court in question(not bulk, it had been assigned to her old local court) or does she need a letter written? 

No, just this.  She can't check old home.  

She gave up her home a few months ago to move in with family, but has a redirect in place(it's how this letter from the court came).  

The court.  

Couldn't respond there for some reason.  

Letter today saying judgment for claimant.  

What the heck?  It was struck out

I wrote a statement for her based on

having no income,

being disabled,

Morses lending to her in her home when she couldn't afford it,

no one turning up to collect,

morses wanting all arrears at once after pandemic stuff was over

lantern not giving her the proper notice and paperwork prior to the claim or during it,

her disabilities meaning she could not attend.  

Judge struck out based on neither party attending and claimant not having given notice under CPR 27.9(1).  

Claim Struck Out.  

Thanks, will have a  peruse.  

Ahh, Righto, 

I thought the defence was enough, so basically the defence again, but as a statement.  Will get to it. 

Thanks

So, there are no documents to file, the claimant has provided no evidence thus far, and no one to give evidence at court(As she wont attend, and no one can attend on her behalf).  

So do nothing?  

 

Letter is from the court, says she needs to provide any documents she will rely on in court.  

Shall we send a reply stating that the claimant has not provided any evidence of the claim and has not replied to the CCA/CPR, so there are no documents available to her?  

Thanks.  

She had a letter a few days ago but I won't see her until the weekend.  

Can anyone help with Logo Recognition?  

I had some guy knock at my door today, did not answer as he was trying to hide from the camera.  I saw from a window a clipboard and a cot with a blue R logo.  Is this a DCA/Baliff/TV Licencing etc?  

It was the fact that he was trying to hide from the camera that led me to be cautious.  He got into a personal car and drove off, so not a chugger.  

Update(from a while ago sorry), I got angry at someone at paypal, had it passed up to a specialist claims handler and explained their obviously flawed decision and they rescinded it and refunded me. 

Hi, 

I never said ebay.  And it is a crime, the authorities are only interested in it from the side of Action Fraud, so I will take him to court to get my money back from him and get some justice as well.  

What do credit agreements since Brexit change for paypal?  As there are a couple of Pay in Threes on the paypal which I have no intention of paying while the account is in a negative balance. 

He committed a crime, and I have the time and inclination to make him pay for it.  

Hi, 

Someone recently scammed me on Paypal, they decided in the buyers favour despite it being glaringly obvious that he was a scammer(Claimed I sent him a womens top instead of the actual item).  

I have plenty of proof he is a scammer, and Paypal have that and still sided with him.  

So I want to take the buyer to county court and refer him to action fraud. 

I need a letter before Action first I believe.  Something like this?  

 

Dear "Scammer" 
 

Re: Fraudulent Paypal Claim
 

You recently submitted a fraudulent Paypal claim against me, claiming I sent you a Womens Top instead of the items you paid for.  Paypal have since charged me £50 for the cost of the items as well as a £12 fee.  
 

I am requesting that you transfer the sum of £62 to the following Paypal account (123@email.dot) to pay back what I am owed from your fraudulent claim. 
 

If I do not receive a payment from you within 14 days of the date of this letter, I intend to issue proceedings against you in the County Court without further notice as well as report you to Action Fraud. This may increase your liability for costs.

I look forward to your payment and a swift end to this matter.  
 

Yours faithfully

 
Bob
 

Hello, 

Which forum would be the best place to get advice for taking someone to court?  

Thanks.  

She has had the Small Claims Questionnaire arrive.  Is the advice still to say yes to mediation and then when they  call to discuss mediation say you don't agree there is a debt so mediation is pointless?  

Thanks

It was taken out about a week before the Lockdown.  

Thanks, I will add PAP stuff now that now.  

1.  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.

2.  The Claimants pleadings are noted.  The defendant has in the past had financial dealings with Morses.  The Defendant does not recall the precise details or agreement nor the claimant having failed to state any alleged account number. 

3.  The claimants pleadings regarding failure of payments and termination are noted although irrelevant without a corresponding agreement number in connection to the alleged debt.
 

4.  The Claimants pleadings regarding the assignment of the debt is denied.  I am unaware of any legal assignment or Notice of Assignment  pursuant to section 136 of the Law of Property Act 1925 allegedly served on **/**/**** from either the Claimant or Morses.

5.  It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. On receipt of the claimants letter before action dated 01/12/2021 I requested copies of the information requested above by way of a CPR 31.14 request and a section 78 request pursuant to the CCA1974.  The claimant as of this date is yet to comply and is therefore prevented from enforcing any alleged agreement. 

7.  The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) pre claim pursuant to PAPDC changes of the 1st October 2017.  The creditor must provide that document/information requested within 30 days of receipt of the response or provide an explanation as to why it isn’t available. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

8.  As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
 

9.  On the alternative, 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 82 A of the consumer credit Act 1974.

10.  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.