Van Lynn Developments ....... reply to DOA argument Urgently required please .

Waylander thankyou , now just under 2k with costs,
I will start again although as before I have already filed a lot so may be too late ,

Flyingfish I tried to look at the Van...... on the site with 3 day free trail on a link on here but wont let me sign up and I looked at the other suggested but couldn't make sense of what counts towards

Particulars of claim

not really answering my questions

but now you have found this it might help you HOWEVER the important thing is their WS and supporting exhibits to evidence what they are saying in their WS AND AND what they are claiming in their particulars.

you need to understand what you have to do here i will try and explain it:

they submit a claim and say : " hey judge this person owes us some money, we bought the debt her is a notice we sent ( still doesnt prove legal assignment ) the customer signed an agreement and here it is they defaulted and here is the default notice , we want our money which is £x ."

this is what the Judge will look at and you are defending so .... you need a copy of a compliant agreement, a copy of a compliant notice of assignment, a copy of a compliant default notice and a copy of the D of A to evidence that the claimant has legal title to sue. FOR BOTH ACCOUNTS THAT iS IF THERE ARE 2"

NOW : they have submitted a WS ...... READ IT and UNDERSTAND IT and they should have submitted evidencein the form of documents ( exhibits) look at those and see if they are compliant IF NOT then say so and state why.

i cant be any clearer than this.

have dealt with many court claims in last 2 years and have won all of them, i know the process and what you need to do but first and foremost you need to actually look at what they are telling the court and argue your case against their claims and evidence. Van Lynn is a case law whcih may help BUT at the end of the day they CANNOT prove legal assignment of any account without the D of A and the sale and purchase agreement,
" their refusal to provide this evidence raises a serious question that the Courts should consider, what are the Claimant trying to conceal" " has the DEED been executes correctly ? does it actually contain the accounts claimed ? failure to execute the DEED correctly would result in any assignment being invalid put forward an argument and then maybe use Van Lynn but it is not a great one to be honest.

ALL cases i have dealt with have produced a deed of assignment

My defence

So the witness statement is a paralegal for the solicitors ,
Firstly is this allowed ?

yes why not ?

why you worried about that ?

worry about your arguments against there claim
i just cant read the particulars they are too small and when i try and expand them in a nother programme they become blurred

Hopefully you can read this ,

Particulars of claim hopefully bigger ..

When you're photographing the pages, make sure the page is flat and hold the camera still and looking directly down, perpendicular to the page.  The only readable images are the last Particulars of Claim, and the excepts that appear vertically in your posts.  The pictures of whole pages are taken at an angle and are not in focus, or suffer from camera shake giving the same effect.

oh my god they are a joke

first and foremost they have not pleaded ANY cause of action

not stated what the agreements relate to

not stated who the original creditor was in respect of either agreement,

they say they were terminated so you should have a copy of a termination notice

they say they were assigned but no mention of any notice of assignment so why are they allowed to produce something not pleaded ?

due to the poor particulars and lack of pleading N of A then it is imperative they do provide a copy of any notices and also a copy of the Deed of A to evidence that any account was legally assigned

they should never win this case not in a million years

the best argument is that they have no cause of action!!

Waylander ..
Can you read my defence ?
If not I will re upload with Flyingfishes advice .
I will also upload their witness statement once copied and blanked out it is more in depth ..

it doesnt matter what they are now trying to plead in their WS if its not in their particulars then unless they have applied to change them it should not be permitted.

there is NO cause of action pleaded, should be at the forefront of your defence and of your final statement.

cant read anything other than particulars but my god they are simply a joke.

no default pleaded ? are they now trying to say that the account defaulted and default notice WAS SERVED ?

Yes the full shabang

Does anyone know how to upload PDF Please if possible ?