lol

so I presume s78 on cca

plus copy of dn and copy of original assignment from oc?

send all to BW

sorry above post wrong nothing to do with oc

should be dca

Hi dx

hope you are well

BW,s client is JC International Acquisition

ty

Hi all

Received Letter of Claim below is an extract from it.

Quote from Letter of Claim:

“Particulars of Debt

On 18 December 2019 you entered into an agreement with Bradford Exchange to provide you with a Retail Agreement Account.

You failed to make payment in accordance with the terms of the agreement and it was later terminated and has since been assigned to our client on 24 August 2022.

Notice of this assignment has previously been given to you.”

My question is re CCA request which section does a Retail Agreement Account fall under?

Or does it come under something totally different?

Thank you for all the help

Hi

Update, so nothing received since #61

62 working days from Defence submitted 22-08-2022.

So presume now well and truly "stayed"?

Thanks

Hi

Update, so nothing received since #61

45 working days from Defence submitted 22-08-2022.

Thanks

Hi dx

Thanks for prompt reply

Hope you are having a quiet Sunday

T

Hi

Update, so nothing received since #61

Defence submitted 22-08-2022, so I presume this is now "stayed" until further notice?

T

Hi dx

Correct, the only thing I could find regarding a DN was a "Notice of Default Sums"?

As I said in my post Open Office is your friend. lol

Thanks again for advice and help

T

Hi

Finally received reply to 2nd CCA request dated 27-07-2022, only about 2 weeks late.

I am no expert, but looking through the documents provided, Open Office could be used by me, or anybody else to provide same.

Because of the amount of paperwork I have had to use extreme compression to get it all down to one upload.

If quality not sufficient I will re upload in 2 sections.

Page 2 and 3 might raise a laugh. They caused me to smile.

CCA 1974 Paperwork received 05092022_compressed.pdf

Hi

Update, nothing major.

1. Received from 25-08-2022 HM Courts & Tribunals letter “acknowledgement of receipt of defence”.

2. Received from TM Legal 26-08-2022 see redacted pdf.

So they do not want my contribution to their tea fund this month?

They must have been short of cash in January because they have not returned that one!!

Oh well, onwards we go.

redacted - img20220830_18292970.pdf

Hi dx

The points you make I explained to him.

I told him what to ask about etc and to inform them of his work circumstances.

I told him several times not to phone CDER.

I am printing a list out for him for tomorrow.

If he does not follow through and get answers, then friend or not, I refuse to waste the Forums time on this anymore.

Thank you

T

on Monday 22-08-2022,

My friend rang the Magistrates Court and explained the problem re CDER.

He was informed that because the matter had already been passed to CDER there was nothing the Court could help with, he would have to deal with CDER.

he rang CDER, checked the amount they are asking for, and stated to them:

“He had not got the funds to pay the amount in full, but he was prepared to pay £50 immediately and then continue to pay £30 per month until amount had been cleared”.

To which they replied “No we require the full amount now”.

My friend told them politely “Sorry no chance”. He then ended the call.

Before being asked, no I do not think he recorded the call.

I would have thought they would be happy to come to some sort of arrangement to ensure the amount is paid?

the question is,

he has made an offer of payment which has been refused, so what happens next?

Thanks for help from Man - UB and Brass

T

thanks for reply UB67

Will speak to him and double check everything

thanks for quick reply man in the middle

No he does not drive

Address - he tends to live in b&b's where ever his work takes him, he does have a postal address for mail but he does not live there.

All contact so far has been through mobile phone calls and email.

Afternoon all.

Asking on behalf of a friend.

Friday 19-08-2022 he received a phone call from a number he did not recognize, so chasing work he returned the call.

The call was from CDER Group Limited, claiming he owed money for fines imposed upon him by Magistrates Court.

He was in trouble in 2011/2012, so he asked CDER for proof of what they are claiming.

They emailed him the attached document.

Could someone please take a look and explain a way forward, for example how to find out more detail of what is owed or even if it is the correct amount?

He is more than willing to pay if correct proof and or paperwork is provided, not just a letter headed document which many could produce.

redacted_img20220819_16142627.pdf

Update

Claim History

Your acknowledgment of service was submitted on 26/07/2022 at 17:29:52

Your acknowledgment of service was received on 27/07/2022 at 08:06:33

Your defence was submitted on 19/08/2022 at 14:53:16

thanks again for all the help

T

for some reason Andy I added it on last mcol defence, and could not work out why I did it

thanks for clarification

I know you are always busy

T

Hi

about to post defence on MCOL

quick question do I need to add my name at bottom of defence when posted?

meant to check prior sorry for last minute question

T

wow thank you Andy.

in the spirit of goodwill (lol) I will post defence on mcol on 19/08 before 4pm.

I cannot see any paperwork being delivered by then.

CCA 12+2 is today 17/08.

To quote dx post 15 "Pigs might fly.."

so on with the game

thank you again 

T

Every spare moment I get I am reading on the forum dx.

I have come to understand over the months what you mean in your tag line.

I also now realise that my problems are like a grain of sand on the beach compared to others.

I will shortly be setting up a dd for an amount I can afford in respect of all the help given to me and others.

Thank you.

T

Hi

If my maths is correct defence to be posted latest 4pm 19-08-2022

Is the defence in post 50 suitable?

Or does it still need work?

Thanks

T

POC

1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.

3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

Note: The above is paragraphed by the Defendant as Claimant could not be bothered.

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 noted and accepted I have in the past had financial dealings with AvantCredit.

I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.

 3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.

 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, 

Therefore 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 how the Claimant has the legal right, either under statute or equity to issue a claim; and

(d) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

 5. On receipt of the claim i sent a section 77 request under the consumer credit act to the claimant for a copy of the Signed Original Agreement and by way of a CPR 31:14 request to TM Legal Solicitors requested copies of all other documents referred to within their particulars of claim, both by Royal Mail recorded delivery.

To Date, the claimant remains in default of my CCA section 77 request & TM legal have failed to reply to my CPR 31.14 request further frustrating my enquiries to establish what the claim is actually concerning. 

 6. As per Rule 16.5(4), 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 82 A 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.

once again many thanks for your hard work and guidance dx

thanks dx

Hi

Will work on another defence tomorrow, not sure if post 46 flows right.

T

thanks dx hope this reads better

POC

1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.

3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

Note: The above is paragraphed by the Defendant as Claimant could not be bothered.

 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 and accepted I have in the past had financial dealings with AvantCredit.

I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.

 3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.

 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, 
 the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date 26-07-2022 (recorded delivery), and the claimant remains in default of my section 77  request, dated 26-07-2022 (recorded delivery).

Therefore 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. 

 To date the Claimant has failed to comply to my section 77 request and their solicitors, TM Legal Services, likewise. 

 6. As per Rule 16.5(4), 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 82 A 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.