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RU753

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Everything posted by RU753

  1. RU753
    Lol ford, Thank you all, I will check with the court and make a donation soon. Thanks again to all of you who helped me it is much appreciated :-D
  2. RU753
    Hi DX, Thanking you, martin and Andy for all your help Do I need to let the court know or do nothing more? Many thanks, RU
  3. RU753
    Hello All, Just an update from me, I received a letter from Howard and cohen saying their Client has instructed them to discontinue the claim. Please find links to letter below https://drive.google.com/file/d/0BytXDIYLA5NNa3Jic3J1RTlnNU0/view?usp=sharing https://drive.google.com/file/d/0BytXDIYLA5NNWjg1T0pDYVBoNEE/view?usp=sharing Is there anything else I need to do? Many thanks, RU
  4. RU753
    Thanks DX, I guess ill wait and see what happens. Happy holidays to all you guys. Many thanks, RU
  5. RU753
    Thanks Martin, What would I need to say when I go court and do I need to take anything with me? Many thanks, RU
  6. RU753
    They asked me if Iv received all the paperwork and if I will be making an offer. I said I didn't get the paper work and im not sure what I will be paying for, they then said they will transfer it, I then asked them transferred to where they said to court. They said they will not allow it for mediation as iv not received anything from the other party. Does that mean mediation has failed? Many thanks.
  7. RU753
    I didn't receive any documents from them other then this: https://drive.google.com/file/d/0BytXDIYLA5NNUzNFWEthT1kzMjA/view?usp=sharing They said on the call, if I didn't receive all the documents I requested from the other party then it would need to go court but if I'm happy with what I have received from the other party then I would need to make an offer on the day. They said people think mediation is there for someone to hear both sides but in fact it's there for you to make an offer if the other party accepts the offer then they would do the contract. What should I do now? Many thanks.
  8. RU753
    Hi, The court mitigation contacted me asking if I will be making a payment and I said no as I will need to talk to them first but they said they would need to transfer it because I will not pay why is that any idea? I also told them I did not receive a reply to my CCA and she was like I would need to transfer this.
  9. RU753
    Thanks Andy, I am off to the post office now.
  10. RU753
    Hi Andy, I am sending this off first class today but I was thinking if I sign it and send a copy to the claimants solicitor do you think they will copy my signature? Many thanks,
  11. RU753
    ok, I will do that and keep proof of postage. Thanks
  12. RU753
    Thanks Martin, I will get it ready and sent off.
  13. RU753
    Thanks Andy, This is what I received in full: https://drive.google.com/file/d/0BytXDIYLA5NNeV9KNmk5R3ZWXzg/view?usp=sharing Does this mean I will have to go court?
  14. RU753
    Hi dx, Yes this is what I received: https://drive.google.com/file/d/0BytXDIYLA5NNeV9KNmk5R3ZWXzg/view?usp=sharing
  15. RU753
    Hi DK, After I put my defence in the only letter sent back to me was a reply to the 31:14. https://drive.google.com/file/d/0BytXDIYLA5NNREcwc09rUF9MTEU/view?usp=sharing They didn't send me anything else after this but only the Notice of Proposed Allocation to the small claims received a day ago. https://drive.google.com/file/d/0BytXDIYLA5NNSFZDWkpqVl9aTjA/view?usp=sharing Do I need to send this in or call them? Many thanks, RB
  16. RU753
    Hello everyone, I have now received a Notice of Proposed Allocation to the Small Claims Track what do I need to do now? Please advise. Many thanks, RB
  17. RU753
    Thanks dx, I will read other threads and wait for a reply from the county court. Many thanks to you and the rest of the guys for all your help so far.
  18. RU753
    I have done it now dx. Claim History Your acknowledgment of service was submitted on 22/09/2016 at 20:22:43 Your acknowledgment of service was received on 23/09/2016 at 08:21:36 Your defence was submitted on 14/10/2016 at 21:55:16 What happens next and what do I need to wait for?
  19. RU753
    Thanks for your reply ford. I guess we have to take it a step at a time. Lets see what happens after I put my defense in.
  20. RU753
    I will copy and paste it tomorrow to be on the safe side and I guess it will show the date I uploaded as on time. Thanks dx.
  21. RU753
    Thank you Andy for the Should I put it into a letter format with Dear Sir/Madam and regards at the end or just copy and past the above as it is?
  22. RU753
    dithering around The court told me I had to get my defence in by the 17th?
  23. RU753
    ok dx, which part of my above defence do I need to change now m8?
  24. RU753
    Hello dx, Which twaddle this.. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974?
  25. RU753
    Andy, that was a mistake how does it look now 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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request. 3. I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor. 4. Its denied that I was served a Default Notice I do not recall ever receiving a Default Notice pursuant to section 87(1) CCA or any advance notice or warning. 5. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a true copy of the alleged agreement refer to in the Particulars. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Along with the request a payment of the statutory fee of £1.00 was sent. The Claimant has refused this request and returned my £1.00 fee and so remains in Default of said section 78 request. 6. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request. 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 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 section 88 CCA1974 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. 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. 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.

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