[DISCONTINUED] - DC not mentioned in particulars of claim

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

@PlanB
Were you trying to pay with bitcoins
LOL
Nope but does this mean won't be paying for backstage status then?

Is that section no longer available?

Do believe you should be compensated for your time for any suggestions (whether win or lose)


==


A DN is not needed since this was a fixed-term loan which has now expired.

This makes no sense to me and doesn't read well

What does that mean?

If loan expired, why wanting payment?

Any point in going any further then?

Can I scupper them by paying a minimal amount to prevent appearing in court or stoooopid idea?

Has to be a hole in their defence somewhere because every thing has an opposite

Up + down

Hot + cold

Rather it be Win (to me) and Lose (to the DC)

Vexing that Judge has allowed them to continue even though their claim form was incorrectly submitted



Posted about this claim on another internet forum can you send me the link by email
Will do

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

Don't worry, we're very good at finding fault with claims. We have access to a solicitor who guides us in these matters.

We normally go for the most damaging stuff first in case it provides the ammunition to get a claim struck out, hence my question about the summons being served within the necessary time frame by the solicitor.

The DN and fixed term loans issue is complicated. Basically a DN tells you that you've breached the terms of your contract and what the creditor requires you to pay, and when to pay it by, in order to put things right (back in contract) before they can terminate the account. In the case of an expired fixed term loan there's nothing they can ask you to do to fix the problem before terminating the account because it has already terminated itself on the expiry date. If that makes sense. Unless you defaulted before the agreement expired.

We're sorting out your backstage pass, so don't worry about that for a minute.

Plan B x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

GOOD GRIEF!!!!



What a difference a day makes...

Yesterday with debt collector name on file, credit score was 1 outta 5.

Today with debt collector name gone (not even showing in closed accounts section) credit score is 3 outta 5!

Geeezzz...

So really nuttin to do with last payment date (26 Mar 2009) only to do with default entry on credit file (Jun 2009)

Perhaps speaking too soon though?

Either way one happy bunny today!

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

We're sorting out your backstage pass, so don't worry about that for a minute.

Seems we posted at same time!

Didn't see this next piece of good news today when I posted earlier.

Some emails will be awaiting in your inbox by end of tonight as couldnt place all your requests into one PDF

Looking forward to whatever assistance can get

Done my other homework you've set in that I posted the CCA and the £1 postal order today

Haven't things changed since I last used one? They printed the name on there instead of me writing it.

So amazed that forgot to double check got name correct. Just stuffed it into envelope and handed it back.

and yes...

I was naughty I backdated the request to Mon 29 Jun 2015

Shhh..

[cymruambyth]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

Hi Chole, hopefully you are now feeling more in control! As you can see 'the team' like to ensure that they know everything to ensure that the correct advice is given. Once your AAD+ membership is sorted everything will be away from general public view; it is a leap of faith supplying everything with all your details on, however the security does work and these details are only viewed by our legal triumvirate and solicitor.
Keep scanning

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

Some emails will be awaiting in your inbox by end of tonight

I look forward to getting them

Plan B x

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

See now I'm confused. From the jumbled range of documents you've sent so far, nothing makes sense.

I cannot for the life of me see how a court order demanding the claimant comply with part 18 came into fruition - part 18 doesn't apply to SCC (small claims track) so a judge wouldn't write such an order. It's like the claim and docs are for different cases.

We are happy to help. It's what we do best but in order to help you we need you to please send unedited documents to us in a pdf as full documents. Don't blank half the page - just copy everything as-is and email me / planB a copy and then we'll tell you if we can help and if so, how.

Right now things don't add up. Please therefore appreciate I've closed (locked) this thread for the time being until we get your paperwork and establish exactly what's going on. As things stand this thread is confusing and incomplete and I'd rather lock it now to stop people replying unnecessarily when we can't (right now) establish the case facts.

Upon receipt of your email planB will authorise the thread to be unlocked and moved to a private section for you via our forum manager, IF.

Thanks

Niddy.

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

Thank you for emailing the documents overnight.

There's a lot to absorb, but things are now clearer

After you filed your Defence you made an application for a summary judgement asking the court to strike out the claim as it had no prospects of success since PRA had not proved that they own the debt (you'd sent their solicitors a series of escalating letters inspired by another forum).

It appears your SJ application prompted the judge's Directions for the Claimant to provide the Deed of Assignment which they have now done. The Directions also asked for the DN which it seems may not be applicable to this fixed term loan which has expired (we need to double check this with the documents which you have now sent and when you actually defaulted).

I expect the hearing on 17th August is for the SJ and not the full Trial - or maybe a combination of both.

The main confusion for me is why a DJ in Court A would allocate and list a hearing at Court B in the Notice of Allocation (different court named on different pages).

We'll leave the thread closed for the time being but you have our email contact addresses.

Plan B x

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance to carry on court cla

Thread is unlocked again.

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Thanks for replying to emails and providing more paperwork.

I take on board your question about filing an Amended Defence in the light of the documents which the Claimant has disclosed following the judge's Directions since those weren't available to you when you filed your Defence or you may have done things differently.

We'll be looking at all your options in the coming week.

Feel free to post any questions you have on your thread in the meantime, or email if you prefer.

Plan B x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Okay!

Will do.

Thanks

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

We're looking through the new stuff you've sent.

According to the claim form your loan started in December 2005 and you defaulted in June 2009. Were you sent a Default Notice at that point (June 2009)?

Question: how long was the fixed term loan supposed to run and/or was it due to expire before June 2009 ? We need to know if your loan was terminated 'early'.

Reply by email if you prefer. I know you don't login to your emails regularly which is why I post on your thread which I know you do see.

Plan B x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Sent PMs today as getting jittery.

[Undercover Elsa]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Hi Chole,
As I understand it at the moment we're waiting for the claimant to supply the DN etc by 15th July, next Wednesday. Is that correct?
Your amended defence won't be done until shortly before it's due on 3rd August. We don't do them earlier than that as so many things can change in the meantime

Have you received anything else from PRA yet? Any response to the CCA Request?

Elsa x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Hi Undercover Elsa
Thanks for jumping in and below are answers to your questions

Your amended defence won't be done until shortly before it's due on 3rd August. We don't do them earlier than that as so many things can change in the meantime

Okay!
As you're aware, all new to me and this forum rules but learning as I go along

Waiting for the claimant to supply the DN etc by 15th July

Was there any other documents suppose to have requested?

Asking because you've mentioned etc

Any response to the CCA Request?

No but the SAR arrived today which means (in my view) if can dig deep for me, can also dig deep for claimant therefore expecting the CCA to arrive from the claimant before 15 Jul 2015 and perhaps the unnecessary DN - hence the jitters!

SAR didn't answer all my requested documents and another waste of paper and ink to me.