Perch/TM Letter of Claim now claimform - old Avant Credit PDL

[disneygirl]

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

[dx100uk]

On 04/08/2022 at 19:05, disneygirl said:

Will ensure I comply with posting defence by 4pm 19-08-2022.

re-read your own thread eh?

 

made an adaption to your defence

see what @Andyorch thinks,

 

 

[disneygirl]

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

 

[Andyorch]

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.

 

 

 

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, I have in the past had financial dealings with AvantCredit. The claimant has failed to state what date the agreement was entered into nor do I recall the precise details or agreement and have sought clarification from the claimant and their solicitors by way of a Section 77 request and CPR 31.14 request.

 

3. Paragraph 2 is denied. As per above I have no recollection of the agreement or any alleged breach or recall ever receiving a Default Notice pursuant to sec 87 of the CCA1974. It is denied an agreement can have matured if a breach was incurred and therefore resulting in its termination. Therefore a Default Notice must be served on fixed credit to enable a creditor to enforce any agreement be it fixed or running credit.

 

 4. Paragraph 3 is denied I am unaware as is the claimant given that no date has been provided of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit pursuant to sec 136 of The Law of Property Act 1925 

 

 5. 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 and evidence the nature of the breach and service of a Default Notice,
 (c) show how the Defendant has reached the amount claimed for; and
 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; and

 

 

 6. On receipt of the claim i sent a section 77 request pursuant to The Consumer Credit Act to the claimant for a copy of the Original signed executed  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 the claim

 7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 8. 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.

 

 9. 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.

 

[disneygirl]

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

 

[disneygirl]

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

[Andyorch]

Why would you want to add your name when you are already logged into your account on MCOL using your unique username and password..?

 

No you don't add your name to the defence or the particulars...just defence as above.

 

 

.

[disneygirl]

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

[disneygirl]

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

[disneygirl]

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

[disneygirl]

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

Edited September 6, 2022 by disneygirl
forgot attachment doh!!

[dx100uk]

No default notice then issued by the original creditor under section 87 of the CCA.

 

no actual ip address evidence of what machine and where it was when loan taken out.

 

Dx

[disneygirl]

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

[disneygirl]

Hi

Update, so nothing received since #61

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

T

[dx100uk]

probably though there could be court delays.

 

dx

[disneygirl]

Hi dx

Thanks for prompt reply

Hope you are having a quiet Sunday

T

[disneygirl]

Hi

Update, so nothing received since #61

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

Thanks

[disneygirl]

Hi

Update, so nothing received since #61

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

So presume now well and truly "stayed"?

Thanks