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Civil National Business Centre Claim Form Received

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  • #91
    So received a bundle from Kearns today


    Key dates




    3.

    9 March 2017 entered personal loan agreement with Shawbrook bank




    Copy of credit agreement in bundle marked AS1







    4.

    Under deed of assignment dated 23rd of May 2020 Shawbrook bank assigned the debt to the claimant. The defendant was notified of the assignment through a letter dated the 2nd of June 2020. A copy of the notice of assignment is attached marked AS2

    They have provided the transfer from Shawbrook, and the notice of assignment.




    5.

    It is submitted that in the date 30th of June 2021, which is the date of assignment mentioned in the particulars of claim is a mistake. On 30th of June 2021 the agreement was terminated. This does not prejudice the defendant, the defendant is still liable to pay monies owed to the claimant. The claimant apologises for the inconvenience.




    6.

    Or around the 30th of June 2021 in breach of the agreement, the defendant defaulted on repayment of the account with the balance of £2400. The copy of the default notices attached and marked AS3.




    AS3 dated 1st July 2021says:




    “as agreement has now been terminated, we link financial outsourcing Ltd have been appointed to service the accounts on behalf of hasset link capital Ltd. All future contact correspondence and payment should be made directly to link”







    AS3 also contains a default notice served on the section 87 (1) dated 13th of May 2021







    DEFENCE

    1. He requested court to ask the claimants provide unnecessary documentation or claim should be struck out.

    Comment


    • #92
      So is there more?

      Comment


      • #93
        There is. I just didn’t know which bit to Add to be honest.

        Comment


        • #94
          Can I still negotiate a plan with them before the date? They seem to have provided everything required, and I can’t deal with the stress of transfigure it all out.

          Comment


          • #95
            Can I still negotiate a plan with them before the date? They seem to have provided everything required, and I can’t deal with the stress of trying to figure it all out.

            Comment


            • #96
              Yes, fill in an income and expenditure form, take into account the 'cost of living' i.e. food, energy etc. Give yourself a buffer in case things go up. Only commit to paying what you can afford, a Court wouldn't ask you to pay more.

              https://nedcab.cabmoney.org.uk/

              Here's a template, amend to reflect your circumstances.

              https://www.citizensadvice.org.uk/de...itor---letter/

              Send it to the Claimant and their solicitor. Make sure you get Proof of Postage.



              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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