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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
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    • We have finally managed to obtain the transcript of this case.

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MINT card - unsettled default, please help!


atchaa
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Hi,

 

I have a default with Mint that is unsettled, and I have not heard from them in 2 years. Will it automatically drop off in 4 years if I do not settle it?

 

Should I try a CCA challenge with them? I do not remember ever receiving a default notice. I also made an effort to start making payments but never heard back from them.

 

Would really appreciate some advice...as I really need this default removed.

 

Thanks a lot in advance!

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Hi Atchaa,

 

Default removal is not going to be easy if Mint have an enforceable agreement. So a CCA request would be the first thing to do. If they send you anything, you can post it up on here for someone to have a look at.

If what they send you is not enforceable then you can start looking in other directions.

 

The fact that no one has contacted you about the account is a long way from being a factor at the moment, people get chased for debts alot older than yours with no contact for years.

 

Regards

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Thanks, i will get that sent off today...

 

just a quick question: if i do not pay the debt off, when willthe default drop off my file, is it 6 years from the date of the actual default notice? Or will it be there perpetuallly if I do not pay it?

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Thanks, i will get that sent off today...

 

just a quick question: if i do not pay the debt off, when willthe default drop off my file, is it 6 years from the date of the actual default notice? Or will it be there perpetuallly if I do not pay it?

 

The default would drop off if there were no action on the account from the time of it being entered and 6 years hence. The thing is that your alleged debt has not been chased at all yet, which means if Mint pass on the account then the chances are that a DCA will enter a default themselves anyway just to keep your credit file up to date.

The sensible way to fight this is make them prove you owe them the money and all other side issues will follow one way or the other.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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