Me Iii Ltd/Ascent legal joint Claimform - old black horse loan

[dx100uk]

no you keep anything you find out to yourself.

 

have they put the agreement number on the PAP letter?

[Andyorch]

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

 

Why have you left this until the day its due ? I notice you have not logged onto the forum since 12th Feb or viewed any threads in preparation ?

 

We are happy to assist....but on the day its due ...come on....

 

 

Andy

[timbof]

sorry i have started a new job which involves a lot of travel

[timbof]

Pap?

[Andyorch]

Pap?

 

Pre Action Protocol .

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[timbof]

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

Edited February 26, 2018 by honeybee13
Account no removed.

[timbof]

hi, are you still willing tomguide me on this?

(btw i have just finished work so could not ask sooner)

thanks

[Andyorch]

Sure ...DX posted a similar example yesterday at 14.46 post# 43.

 

Have a go at drafting it to fit your particulars and post back here for checking.

 

Andy

[timbof]

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.

Edited February 27, 2018 by dx100uk
poc added

[dx100uk]

I have added in your POC in red

you need to align your responses to those para numbers

 

you must either accept, deny or note to each in your defence

[timbof]

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.

[Andyorch]

Made a few changes...your 2/3 are not ideal but time is of the essence here as your already 8 days late.I would check the status on MCOL and see if it will allow you to submit and that the the claimant has not already requested judgment.

 

Andy

[timbof]

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

[Andyorch]

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

 

Just ask first if they have already requested judgment on both claims ? If so pointless sending yours.

[timbof]

will do, can I call to do that? or will it need to be email?

thanks

Tim

[Andyorch]

Try both..if no response you must submit today without fail

[timbof]

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.

[timbof]

Im assuming doing it by email will be acceptable...?

thanks again

[dx100uk]

yes

don't forget you have to file it twice

once for you

once for your mrs

[timbof]

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?

[dx100uk]

you each have a claimform

you MUST respond to each

[Andyorch]

Get your wife to do the same as you have but from her email address

[timbof]

will do

thanks

Tim

[timbof]

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

[Andyorch]

Stayed simply means paused...parked.The claimant after 28 days would have to make application with fee to resume the claim.