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

macker16

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Everything posted by macker16

  1. macker16
    I understand now, I'll make the changes and repost soon. Many thanks
  2. macker16
    Thanks Andy,will this be ok to now upload?
  3. macker16
    Hi, can someone have a look over my defence please. As yet still no information received back from claimant or solicitors. Particulars of Claim 1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around the 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) PLC agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated. 3. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £316.82 Defence 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted, the Defendant is unable to confirm if this an account once held with Capital One as no account number has been documented. 3. The Defendant denies owing any monies to the Claimant. The Claimant has failed to produce any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of Section 78 request. 4. 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. 5. 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 Sections 136 of the Law of Property Act and Section 82A of the consumer credit act 1974. 6. On the 27 December 2017 I made a legal request by way of section 78 to the Claimant. The Claimant has not yet produced the requested documents, therefore I am unable to fully defend this claim. 7. As per Civil Procedure Rule 16.5 (4) it is expected that the claimant prove the allegation that money the is owed and evidence any breach by way of notice of notice of default notice or sums in arrears. Therefore the Claimant is put the 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 8. By way reason of the facts set out above, it is denied that the claimant is entitled to the relief claimed or any relief. Thank you for any advice given. Macker16
  4. macker16
    I only login when I post, I will be posting my defence in the next few days. I haven't done it before now as I wanted to give them some time to come back with some documentation but it looks like they've not got a lot and therefore can't prove they own the debt. Isn't that what they are suppose to be able to do. .... .prove that they own the debt and to do that they would have all the documents I've asked for? Macker16
  5. macker16
    Hi I did send the CCA request and as yet have heard nothing back. I won't respond to Mortimer and see what they come back with.
  6. macker16
    Hi I have now received the following reply from Mortimera We acknowledge your request for documentation pursuant to CPR 31.14. We confirm we have requested copies of the original agreement and other relevant documents relating to this debt from our client and will forward these to you upon receipt. CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure is evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions. I have no documents that I can find, do I need to respond to them or should I wait and see what they send? Many thanks for any advice Macker16
  7. macker16
    I've just looked at my credit report and it only shows the last 4 numbers.
  8. macker16
    I dont have a 16 digit card number on the paperwork - only the court claim number.
  9. macker16
    Correction its on the CCA request that i'm adding it on
  10. macker16
    Hi I have just gone to put my account/reference number on the CPR letter and have noticed that the Court paperwork does not have it on, do i send it without? Macker16
  11. macker16
    Do i need to send the court a copy of the CCA & CPR request? Hi Haunter No, i am no longer making the reduced monthly payments. Macker16
  12. macker16
    Hi Everyone Not getting on very well, i cannot find any of the paperwork from Capital One that had the payment plan agreement on or the default notice. I will be sending the CCA request and CPR r.31.14 request off today. I know time is running out but i only have access to a computer and printer when i'm at work. Thanks again for all the advice you've given me, will post again when i've done it. Macker16
  13. macker16
    Hi I've not sent anything yet. So I need to send a Cca request and which cpr do I send? Paperwork says claimant is Cabot ando the address for sending document and payments is Mortimer Clark Solicitors. Do I send the CCA & CPR request to Mortimer? And is there a Cca & CPR template on here?
  14. macker16
    Name of the Claimant ? Cabot Financial UK Limited Date of issue – 15 December 2017 What is the claim for – 1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) PLC agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. 2.THE CLAIMANT THEREFORE CLAIMS £316.82 What is the value of the claim? £316.82 With fees £401.82 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card 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. Assigned to Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not received Notice of Assignment from Cabot Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, only received one and that was when i first defaulted on payments Why did you cease payments? Partner lost his job and then relationship broke down and only had 1 income and many other debts What was the date of your last payment? 19 October 2015 (according to Noodle report) 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? I did communicate with them and did a payment plan but they kept pressuring me to increase it along with pressure from my other creditors I have not received any paperwork from Cabot to say they own this debt so was suprised to receive the court paperwork with their name on it. Any further advice would be gratefully received. Macker16
  15. macker16
    Hi I have received the court paperwork for an old Capital One debt (claimant is Cabot) The document says it was taken out on or around the 29/7/2014 and I've never had any documentation from Cabot to say they own the debt. In the past I have been given the wrong advice and have sent off a cpr18 letter and cca request. Can somebody please advise me of the correct way to deal with this. I have acknowledged service that I intend to defend all the claim, total amount with fees is £401.82 Thank you in advance for any advice given Macker16
  16. macker16
    Well I've not received anything in the post and I would ring Lincoln but you just get an automated message saying all operators busy and then cut off. All seems a bit strange, guess I'll just wait wait to see what the court order is. If they had dismissed my amended defence and gone for the ccj would that involve a court order?
  17. macker16
    Hi Andy The letter is from Lincoln but they've now transferred it to Peterborough County Court due to a court order made on the 11 December but I haven't a clue what the order is? Macker16
  18. macker16
    Hi After submitting my amended defence I have today received a letter from the court saying that following a court order made on the 11 December the claim has been transferred to another County Court. Any ideas what this could be? I've not received any Court order and don't understand why it would be transferred to another County Court? Thanks for any advice Macker16
  19. macker16
    Well I'm keeping my fingers crossed they've accepted the email and have sent a hard copy today with my signature on it and have sent a copy to Lowell with only the typed signature...... Now just have to wait till the dreaded white envelope from the court appears on the mat.
  20. macker16
    In those t&c that the court sent it said that I should only send 1 copy? On the hard copy do I ink sign next to the typed signature. On the copy that I'm going to send to Lowell should I just leave them with the typed signature as I don't want them having my signature in case they try and misuse it on documents. I really hope I've not messed this up Andy after all the hard work you put into the defence. Macker16
  21. macker16
    In the email subject line I put the claim number. If I resend it now they'll reject it as the deadline was 4pm today! I've totally messed this up, I didn't know there was t&c about how email to a court had to be sent. The email address has my full name on it, and my full name and address was also on the amended. Can they really reject it because they do not have my proper signature and it's only typed under the statement of truth? Macker16
  22. macker16
    I sent it to my local county court email address, i tried for over an email to speak to an operator to confirm which email address it should go to but the automated message kept saying all operaters are busy and then hangs up so i emailed it to enquires and listings. Now panicking as the amended defence only has my name typed under the Statement of Truth.........gotta feeling i've now messed this up!
  23. macker16
    Hi I have received the below response from the courts, will sending it by email be accepted as i clicked on the links and none of what i read made any sense? Kind regards Macker16 Thank you for your email, which has been received by the Lincoln County Court. We will endeavour to respond to your email within 5 working days. Please note that if you are filing a document by email to any of Lincoln County Court’s external customer facing email accounts, it is your responsibility to ensure it complies with the CPR Rules and the Court User Email Guidance. In particular the total size of the email must not exceed 2MB; statement of witnesses must not exceed 10 pages or the 2MB limit. In addition, a party must not use email to take any step which requires a fee to be paid, unless it is an urgent matter and an explanation for the urgency is given. Note: Trial Bundles must not be filed by email Please refer to: Civil Procedure Rules Practice Direction 5B – (Electronic Communication & Filing of Documents) http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/practice_directions/pd_part05b.htm And Court User Email Guidance http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/emailing/court-email-guidance.htm Any emails that are received in these accounts that do not comply with the rules and guidance will be automatically rejected and the sender will not be notified that their email is unacceptable. Quick Links Money Claim Guidance http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/index.htm Forms http://www.justice.gov.uk/global/forms/hmcts/index.htm Fees http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/fees/index.htm Court Information http://hmctscourtfinder.justice.gov.uk/HMCTS/ Insolvency http://www.insolvency.gov.uk Court staff are not legally qualified. If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter. You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau. You can also contact Community Legal Advice for free legal advice on 0845 345 4345 or via their website at http://www.communitylegaladvice.org.uk/ This message is automatically generated; please do not reply to this message. Thank you.
  24. macker16
    Thanks Andy, now going to email to the courts and send a copy in the post to Lowells. Wish me luck and i know i've already said it but thanks again for all your help. I'll keep you updated Macker16
  25. macker16
    Is this correct and ok to send now? Further to my initial defence dated 13 July 2017 and pursuant to the court order dated 6 November 2017. 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. Pursuant to the court order dated 6 November 2017. *I now submit an amended defence after making an application pursuant to CPR 18 dated the 4 July 2017 requesting the claimant was ordered to provide disclosure of the documents its claim relied upon. 2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Vanquis Credit Cards in the past. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant for further details by way of CPR 18 and a section 78 request. 3. In its compliance with the order dated 20th October 2017 the claimant was ordered to provide inter alia the Original Credit Agreement, a full summary of how the amount claimed in the proceedings was calculated. A copy of the Notice of Assignment and a copy of the Default Notice served at the time of any breach. 4. The Claimant has provided a summary of the alleged debt along with the Notice of Assignment and a copy of the Default Notice pursuant to section 87.1 of the CCA1974. 5. With regards to Original Credit Agreement the claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1..... (za)section 55(2) (disclosure of information), or (a)section 65(1) (improperly executed agreements) And also devoid of any Terms and Conditions. 6. It is therefore respectfully requested that the claimants claim is struck out pursuant to the above and subject to the court order dated 20th October 2017 for non-compliance. STATEMENT OF TRUTH The content of my statements are true to the best of my knowledge and belief.

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