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OC solicitors striking out defence

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  • OC solicitors striking out defence

    I wrote to my OC asking for the following :

    1. Validation of the debt (the actual accounting);


    2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );


    3. A copy of the contract signed by both parties and therefore binding both parties.

    Totally ignored letters

    I then wrote letters to DCA and solicitors the following:

    Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe.

    The above info is from GOODF site.
    I wrote 9 letters in all yet in witness statement of solicitor she states she has no record of the 6 I sent recorded delivery to dca and to her firm.

    Solicitors sent me a county court claim, I put in a defence stating what I had asked for in my letters and have received nothing. I had notification from the court that the OC solicitors had received my defence and the claimant may get in touch within 28 days and then it will be stayed.
    Solicitors applied to lift the stay 4 months later, just after they sent me copies of translations and asked me for payment proposals.

    Proceedings were started for small claims but then I was informed they were to apply to have my defence struck out as no reasonable prospects of success .

    Due to illness I authorised (in writing ) my dad to act on my behalf but they still write to me.
    My Dad has also offered a settlement figure but they refused.

    This is quite brief but hope you get the gist.

    Thank you
    Tags: None

  • #2
    Re: OC solicitors striking out defence

    may i ask why the bills of exchanges act and not law of property act 1925
    debts are assigned to a DCA under lop 1925

    what is the debt
    bank,loan,credit card

    i take it then it has been assigned to a dca

    Comment


    • #3
      Re: OC solicitors striking out defence

      Dca then solicitor both work out of same office and both their letters have the same template signature.

      Not sure about bills of exchange still researching - I found this info on another debt forum and when I have questioned they say to research the site so that's what I am still doing.

      Comment


      • #4
        Re: OC solicitors striking out defence

        Sorry, credit card

        Comment


        • #5
          Re: OC solicitors striking out defence

          I've been advised that the debt hasn't been assigned, solicitor acting on behalf of OC

          Than you

          Comment


          • #6
            Re: OC solicitors striking out defence

            please post a link to this other site as you have been given duff info, i would like to have a nose and see what they are saying. the reason the solicitor is ignoring you is your argument about the bill of exchanges act has no relevence to the case

            when are you back in court as we have to try and salvage this now

            have a look at the last page on this thread, i have just done a defence and it mentions about assignments etc

            http://www.legalbeagles.info/forums/...y-Arrow-Global

            Comment


            • #7
              Re: OC solicitors striking out defence

              right then

              who is the claimant (oc)

              can you type out the particulars of claim and did you do A CPR 31.14 request for the documents mentioned in the particulars of claim

              Comment


              • #8
                Re: OC solicitors striking out defence

                http://www.getoutofdebtfree.org/

                Tuesday I'm in court

                Comment


                • #9
                  Re: OC solicitors striking out defence

                  what is your user name

                  Comment


                  • #10
                    Re: OC solicitors striking out defence

                    I don't think I have time to do anything now as I have put my statement in.
                    If the solicitor knew this then she should have said - she has actually said she has received no letters!
                    i don't know what a CPR is, I'm sorry. It's unpaid credit card that I defaulted and it went from there - took advice from that site, who I believe they are so correct on what they say but other things, I'm a bit slow at getting my head round.
                    Sygma bank credit card
                    thanks for the prompt response.
                    Its much appreciated!

                    Comment


                    • #11
                      Re: OC solicitors striking out defence

                      i am trying to help but the lack of info is not helping

                      is the hearing on tuesday for summary judgement

                      i can do a letter for you to give the solicitor and judge on tuesday but i need you to start from the begining and please be calm

                      start by what are the particulars of claim on the claim form then go on stating back in 19xx i got a credit card, then right up to the solicitors letter and what was put in the defence

                      i take it this was money claim on line the claim where you log on with a password

                      i might be able to get an extension

                      Comment


                      • #12
                        Re: OC solicitors striking out defence

                        No nothing online, oh gosh don't know where to start!

                        i have just read the info you kindly supplied and letter you wrote for a forum member which I am now somewhat confused.
                        If I'm right, I believe the defendant was asking for a deed of assignment, yet in another thread I was told that there would be no deed of assignment or notice of assignment due to the fact the debt has NOT been SOLD to the dca/solicitor. I posted this in the debt sticky page, assignment and something -
                        I keep making mistakes due to tiredness I have to get up at 6 - I will post the info you require throughout the morning.
                        The claimants solicitor has said that they have no copies of any default notices as the claimant only keeps them for 3 months, strange that.

                        I appreciate your help
                        thank you

                        Comment


                        • #13
                          Re: OC solicitors striking out defence

                          yes
                          i am going top turn in as well

                          before you go to bed, please type out the particulars of claim on the claim form,
                          it normally starts, "money owed"

                          and on tuesday at court, is it a summary judgement application to throw out the defence

                          that get out of debt free forum is nothing more than "free man garbage" web site

                          i will try and resue this but i need details, and quick

                          i am talking by tomorrow night

                          Comment


                          • #14
                            Re: OC solicitors striking out defence

                            I signed a leaflet in JJB sports store 2008/9 for a credit card, Sygma Bank which belongs to the Creation Group. I defaulted with payments. I then wrote the 3 letters asking for the information I previously posted. I wrote 3 letters to sygma bank. I did receive a letter back from "Creation" stating my documents will be sent. They never were. After a few harassment calls from them sygma passed it on to a DCA called ascent ( which is owned by Irwin Mitchell Solicitors)to collect on behalf of OC - 3 letters went to ascent asking for documents again, slightly different to the bank ones. Acsent then passed it on they say to Irwin Mitchell (same office). Sent letters to IRwin Mitchell.
                            I was then sent a county claim form which I put in a defence stating I had asked for the said information snd trceived no reply to my 9 letters. No one contacted me and the case was stayed,but left it over 4 months before issuing me with a copy of an agreement, transactions etc but nothing I requested. They then applied to lift the stay which was granted, the reason being : finding information etc - never ever replied to my letters - so it took them nearly five months to get a copy of agreement -
                            sorry tried to get this done but my eyes keep closing sorry

                            Comment


                            • #15
                              Re: OC solicitors striking out defence

                              My file is at my dads so I will get it
                              thank you

                              Comment

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