timbof
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Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
Hi Andy, this is current situation... no judgement has not been entered and i have received confirmation dated the 5th from court today that both defences have been received and that the claimant now has 28 days to reply or it will be 'stayed' -what will that mean for me 'stayed? thank you -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
will do thanks Tim -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
oh, i did put in the email that it was for us both, would that be ok? or shall i do another email? or two more separate emails? -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
Im assuming doing it by email will be acceptable...? thanks again -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
Hi Andy, I have called and no judgment has not been entered, so i have sent the defence by email, as I'm still having issues with the MCOL claim password i have. -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
will do, can I call to do that? or will it need to be email? thanks Tim -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
many thanks Andy, I am trying to log onto MCOL but it keeps saying that the Defence pack password is invalid. I have the courts email address so I will email them now thanks Tim -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
Hi, sorry i have not done this sooner, I was in hospital up until i was released late ysterday afternoon I have completed as i think correct, what do you think? thanks Particulars of claim 1.by agreement entered into between the claimant and the defendant. 2.the defendant has failed to pay the sum of 2679.14. 3.the claimant has requested payment but the defendant has failed to pay the full sum demanded. The claimant claims the sum of 2679.14 and interest under s69 of the county court act 1984 at a rate of 8% per annum from 24.1.18 until judgment or sooner payment. Costs. 4.The claim does not include issues under the human rights act 1998. the claimant complied with sections iii and iv of practice direction pre action conduct of the civil procedure rules Defence 1. The Defendants 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 Defendants deny with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. The Claimant has failed to confirm that the alleged debt has been assigned or when it was assigned therefore whether they are legally allowed to make this claim and act as Claimants. 4.On receipt of this claim we requested information pertaining to this claim by way of a CPR 31.14. To date we have yet to receive a compliant response. This was posted on the 12.02.18 to date we have had no response or acknowledgment. 5.On receipt of this claim we requested information pertaining to this claim by way of a Section 78 request. To date we have yet to receive a response complying with the request and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendants has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 7. 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 82A of the consumer credit Act 1974. 8. 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. -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
i have had a go, but i am really uncertain, i just dont understand a lot of it its well above my head, sorry... POC 1.by agreement entered into between the claimant and the defendant. the defendant has failed to pay the sum of 2679.14. the claimant has requested payment but the defendant has failed to pay the full sum demanded. 2.the claimant claims the sum of 2679.14 and interest under s69 of the county court act 1984 at a rate of 8% per annum from 24.1.18 until judgemnet or sooner payment. costs. the claim does not include issues under the human rights act 1998. the claimant complied with sections iii and iv of practice direction pre action conduct of the civil procedure rules 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. On receipt of this claim we requested information pertaining to this claim by way of a CPR 31.14. To date we have yet to receive a compliant response. This was posted on the 12.02.18 to date we have had no response or acknowledgment. On receipt of this claim we requested information pertaining to this claim by way of a CPR 18 To date we have yet to receive a compliant response. This was posted on the 12.02.18 to date we have had no response. On receipt of this claim we requested information pertaining to this claim by way of a Section 78 request. To date we have yet to receive a response complying with the request. To date they have failed to comply and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendants has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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 82A of the consumer crediticon con Act 1974. 6. 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. -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
hi, are you still willing tomguide me on this? (btw i have just finished work so could not ask sooner) thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
attached to the letter there is a stament of the £10 monthly payments that we made, it has an 'original account number' on that of [removed to keep thisconfidential-HB13] thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
Pap? -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
sorry i have started a new job which involves a lot of travel -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
we have also just found a 'letter of claim' which is dated 12 december 17, the claim form is dated 25 jan 18. the letter of claim states it is based on the agreemnet dated 21 december 2007 which corresponds with the date on the land registry search we did too. the letter refers to an assigmnet date of 16/07/13 and the 'client' as Me IiiLtd (marlin europe ii LTd- part of the cabot credit management group)- formerly black horse ltd. it also lists some payments we made of 10 pound per month from 19/09/13 to 28/04/16 being the last one which were made via a company called Mortimer Clarke. is this information useful?? thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
i checked the amount with what is on the land registry site and the date when they say the debt was assigned to MEIii Ltd which is 16/07/2013 so it can only be the secured one. thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
thanks DX, do i have to ask him to take a look..? -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
so i use that as my defence, in 47 part 3. it refers to assigment do i leave that in as there is nothing in the POC about the assigment that has taken place...? thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
if i dont defend today will i be able to do it in morning?# thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
thanks, it is the secured one, i checked. -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
Hi, i have received nothing back from my letters. i did acknowledge service as you said i must and i did notify of my intention to defend all, do i have to let them know what my defence is now, i think you said i must do this by 26th? but i do not know what to say my defence is.... thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
done that, i'll crack on with the other bits now, thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
thanks i will do that now, and then action the other parts of (22) above -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
We have received 2 separate claim forms. they show two defendants on each, one is me the other is my wife. on the one form i am first and my wife second, and vice versa on the other, they both have same claim number but different passwords...... thanks -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
done the one, but cant do the other, should they have the same claim number but a different password, as i did the one first time, the other is still coming up with The following errors have occurred: Claim number or password is incorrect. -
Me Iii Ltd/Ascent legal joint Claimform - old black horse loan
timbof replied to timbof's topic in Financial Legal Issues
it still wont allow me on, do i have to set up two mcol accounts one for each of us?
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