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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

MrJohnW

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Everything posted by MrJohnW

  1. MrJohnW
    Thanks for that, I have managed to get those wrong one every one of these so far haha.
  2. MrJohnW
    Moriarty "Law" might be owed my a non-lawyer as an ABS Law Firm but they do have them employed to do the legal work. I make no comments about the type of person that would do that kind of work though
  3. MrJohnW
    Name of the Claimant - Motormile Finance Date of issue – 28/04/2017 Date to acknowledge - 16/05/2017 Date to defence - by 4pm 30/05/2017 What is the claim for? 1.the defendant owes the claimant £100.00 under a regulated loan agreement with ariste holding ltd t/a cash genie dated 30/05/2014 and which was assigned to the claimant on 27/04/2016 and notice of which was given to the defendant on the 27/04/2016 (debt). 2.despite formal demand for the payment of the debt the defendant has failed to pay and the claimant claims £100.00 and further claims interest theron pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £8.00 What is the value of the claim? £183.00 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Payday loan 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? Motormile Finance Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that she remembers. Did you receive a Default Notice from the original creditor? Not that she remembers. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that she remembers. Why did you cease payments? Couldn't afford the repayment What was the date of your last payment? No payments ever made. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I am assume its another case of Acknowledge service and send out a CPR and CCA? Ahoy, Well, after fending off two Lowell cases this year already she has now had one for Motormile Finance. Not a good year for her. I wonder what has made them all come out of the woodwork and try shenanigans. She claims to have no recollection of this particular debt although she had a few payday loans and I know the same companies trade under various different names said she had a letter or two from MMF and it made no mention of the original creditor. I looked into this one (Cash Genie) and see they ceased trading 3 months before this debt was assigned and there are a lot of debtors making claims against them and getting refunds from them (the website for them listed how to claim). I struggle to see how anyone with a degree in Law can have such bad grammar and presentation when it comes to these claims or if its done by random spods how they can allow them to do so in their name.
  4. MrJohnW
    Spoke to the Court on Friday, they have confirmed that it is stayed. Moneyclaim status has not changed and no paperwork has arrived to confirm this either from the court or from Claimant or Solicitor, what a load of con artists. Well at least this one is done, now onto the next one haha.
  5. MrJohnW
    Homeswap is the only option left to us. Im looking for advice regarding the Local Housing plan and home swaps.
  6. MrJohnW
    Home Swap is the only option open to us to leave. Every other avenue has been explored and denied to us.
  7. MrJohnW
    I rang them yesterday afternoon and spoke to a lovely chap (if only all government employees had his telephone manner). Apparently the court has a backlog of 9-10 days. We should see the stay today or tomorrow automatically but to give it another fortnight "just is case" as any paperwork that has arrived and been stamped by them within the deadlines will be dealt with accordingly. Seems fair enough.
  8. MrJohnW
    Hi All, If this is not the right place could someone kindly move it or advise a better place? I moved to a Rural Village with my wife 2 years ago to be closer to her family so I could get some help and support looking after her. A month after I moved in First cut the bus service and then two months later all her family moved out(over an hours drive away) leaving us stuck in this horrible little village. Neither of us can drive nor can we afford a car. We have tried everything to get out, private rent, medical re-banding etc etc and been given the finger at every turn. Our only hope is getting a swap. This is a very small chance as apparently everyone round here knows how horrible this village is and won't live here. We have now found out from the housing association that in order to swap(over a year after we joined the register) that the other tenant must have a local connection as per the village plan(these houses were built two years ago specifically for people with a connection to the village). I have read the plan and nowhere does it state that swaps are to be enforced only new allocations, I have spoken to housing and planning at the local council and they have stated that swaps will be enforced. Any help here? Where can I go? A swap is the only chance we have of leaving and if I ever find anyone who actually wants to live here I cant have any barriers in the way. Thanks
  9. MrJohnW
    So, its now been 28 days since the defence was submitted. Whats the next step? No letters have arrived nor has the case been discontinued.
  10. MrJohnW
    She had a letter at the weekend from the court stating the defence would be passed to the defendants solicitor. How long do they have to respond to that?
  11. MrJohnW
    No letters from either branch so Defense has today been submitted. Fingers crossed.
  12. MrJohnW
    Hopefully this looks better (Not sure if I was just tired last night so my brain decided to take small vacation or the wording on this one is a bit simpler so gels better with the requests), the two pages that were linked in seemed to be along the line of agree she had one but deny any monies are owed, I hope that is the right tactic - Particulars of claim 1) The Defendant entered into a consumer crediticon act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement'). 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 the Claimant on 29/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding And the Claimant claims a)the said sum of £1,***.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28 C) Costs 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. Paragraph 1 is noted. I have in the past had an agreement with Provident but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 77 request. 3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1). 5. On receipt of the claim form, the Defendant sent a request by way of a section 77 pursuant to the Consumer Credit Act 1974 for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request was made via CPR 31.14 to the Claimants solicitor requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied but has stated a general extension of time to retrieve the documents, to date nothing has been received. 7. It is therefore not accepted 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 how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 8. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed. 9. 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.
  13. MrJohnW
    I searched and read a few of the other ones like this, most didn't get to the point of defence, can you tell me what I am supposed to be looking for? We both appreciate the help but a bit more of a hint would be nice I didn't read it that the denial was based on failure to reply to CCA/CPR. Does it need to be reworded? Court reply date is the 10th. Am I best not sending a defence off until closer to the time? I am only looking into it this early as I have to go away and don't get back until the 11th and there is no one else to hand this off to that can(or will) help her. To be honest I was hoping this would be as easy as the other one and they would just go away.
  14. MrJohnW
    So - 1. I Deny owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and have therefore sought clarity from the claimant by way of a Section 77 request and a CPR 31.14 request. The claimant has acknowledged receipt of these requests but has yet to comply with these requests. Anything else?
  15. MrJohnW
    I have spent ages trying to work out whats wrong with them and they look right. I looked at other claim forms and have tried to alter this one to better fit. Its not as "cut and paste" as the letters were I re-read the one I copied over and the particulars are different. Hopefully this one is better - 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. I am unable to recall the precise details of the alleged agreement and have therefore sought clarity from the claimant by way of a Section 77 request and a CPR 31.14 request. The claimant has acknowled receipt of these requests but has yet to comply with these requests. 2. I am unable to recall that any default notice has been served. 3. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments. As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. Therefore Paragraph 4 is 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 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. 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 consumer credit Act 1974. 6. On 14/04/2017 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. 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.
  16. MrJohnW
    Im not sure what I was looking for. Is this the right kind of thing? I changed Section 78 for section 77 as its a loan, was that correct? Particulars of claim 1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement'). 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 the Claimant on 29/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding And the Claimant claims a)the said sum of £1,***.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28 C) Costs 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 not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 77 request and a CPR 31.14 request. 2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA 1974 has been served upon him by the Claimant as alleged or at all. 3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments. As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. Therefore Paragraph 1 is 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 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. 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 consumer credit Act 1974. 6. On 14/04/2017 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. 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.
  17. MrJohnW
    Another letter arrived today saying the account is "on hold" but this time the bottom does not say about the deed of assignment it instead says they notice a defence has been filed and she should pay attention to the timelines issued by the court. I am now working away for the next two weeks, so I guess we should file a defence huh? What am I filing? So far the CCA and CPR have had no response in the form of documentation requested. Is there a link with what to file I can read?
  18. MrJohnW
    Isn't the defence - They failed to provide any of the requested documents in time? If not what defence do I need to file for her?
  19. MrJohnW
    Haha, I missed that, I checked the letter and its the Notice I requested. Good spot So just await the 14 days for them to provide proof then?
  20. MrJohnW
    Letter arrived from Lowell Solicitors this morning - "We refer to the above matter and acknowledge receipt of your letter 12 February 2017. We note your intentions to defend the Claim and confirm we have received your Acknowledgement of Service which provides a further 14 days for you to respond to the claim appropriately. The account will be placed on hold until we have received the the requested documents from the original creditor Provident Personal Credit LTD in relation to the account opened ** **** 2013. The documents will then be forwarded to you upon receipt. The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement/Deed of Novation exists between you and out client. " So, they are going to try and go for it then. Does "account on hold" mean they will not be proceeding with the claim at the court or is it a tactic to try and make her not defend the claim? If they refuse to provide a deed of assignment does that mean they have no legal right over the claim as she has no agreement with or had any contact with Lowells?
  21. MrJohnW
    Letters were posted Monday. Apparently a letter has arrived today from Lowell Solicitors demanding payment of the total balance including all the court fees. Not seen the letter yet but are they allowed to do that?
  22. MrJohnW
    Name of the Claimant - Lowell Portfolio I LTD Date of issue – 08/02/2017 Date to acknowledge - 26/02/2017 Date to defence - by 4pm 10/03/2017 What is the claim for? 1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement'). 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 the Claimant on 29/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding And the Claimant claims a)the said sum of £1,***.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28 C) Costs What is the value of the claim? £1988.28(for a £900 loan) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Doorstep loan 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? Issued by Debt Purchaser Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Unable to tell as she didn't keep letters sent to her, but probably. She recalls letters from Lowell last year but it could be from something else. She has also moved once since this was taken out. Did you receive a Default Notice from the original creditor? Unable to tell as she didn't keep letters sent to her, but probably. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unable to tell as she didn't keep letters sent to her, but probably. Why did you cease payments? Agent never turned up. What was the date of your last payment? She thinks one payment was made around September 2013 Was there a dispute with the original creditor that remains unresolved? Agent stopped turning up. This was a second loan with them at the time and the agent had turned up for the first one every fortnight for about 6 months. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, when no-one turned up she just ignored the problem. So, just defended an older one with these guys for her(literally about a week before this was issued) and now another one. At least she was not in floods of tears this time. I am assuming to go down the same route of Acknowledge service and send out a CPR and CCA?
  23. MrJohnW
    Ok. Will do that tomorrow when I see her again and have the document to hand. I am helping her with her finances now so no more loans will be taken out. But she has had quite a few from provident over the years. Many Thanks for the help. Oh, in relation to the original claim she has not had a notice of discontinuance posted to her but the court confirmed it verbally to me over the phone. Is this something she needs?
  24. MrJohnW
    I have confirmed with the court the case has been discontinued however they have today sent another one. Lowell and Provident again. same situation except this one is not statute barred for sure as she thinks it dates to 2013 (apparently Provident used to come round regularly and offer her money but never turn up to collect). This one is for £1988.28 plus costs. Rinse and repeat? I assume it costs Lowell to start these claims?
  25. MrJohnW
    Result Letter today stating they cannot obtain the documents and will send a request to the court to discontinue. I assume I just need to check in with the court and make sure its actually been discontinued and thats the end of it?

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