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Arrow/Restons claimform - old MBNA debt


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go see what mcol says.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It says the following:

 

A claim was issued against you on 20/04/2017

Your acknowledgment of service was submitted on 24/04/2017 at 09:18:29

Your acknowledgment of service was received on 24/04/2017 at 12:01:54

Your defence was submitted on 21/05/2017 at 17:13:05

Your defence was received on 22/05/2017 at 08:01:57

 

So the last entry is 'my defence was received'

 

Where does this leave me then?

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unnecessarily panicked...

 

you've not received an n180 re mediation either

we should have spotted that.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes forgive me ...no Notice of Allocation issued yet.....the claim is stayed ...they have applied to lift the stay and you are currently waiting to hear from the court if there will be a hearing or not.....

 

Did you upload their WS with their application and N244?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Start drafting your WS in response to their WS and Application...there will be a hearing and the court will confirm when.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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you should get something from the court just now re their application saying app'n to lift, no hearing (re the app'n to lift), but if wish to object can do so within 7 days

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  • 2 weeks later...

I need some help with this -

I am really struggling with the WS for the trial.

 

I can't see anything from my research in my favour,

I mean there is a whole bunch of evidence including copy of default notice, copy of assignment, photocopy (bad quality) of the credit agreement etc.

 

Do I have an option here of negotiating with these nasty people and settling this without getting stuffed with a CCJ against my name?

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there is always that option. yes

 

you've not got even a date yet have you..?

 

why give in simply because you cant find a witness statement already here to guide you...

 

use the search CAG box of the top red toolbar

witness statement card

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No date yet, but its imminent.

 

I absolutely have no problem with submitting a witness statement, but I just feel its extremely high risk vs not getting a CCJ against my name.

 

If I get a court date, is it still possible to settle this stuff outside of court?

 

A few of things I've identified,

 

can you tell me if any of these are worth including:

 

1. On the claim form, on the 'Statement of Truth' they havent crossed out the relevant parts in the truth statement, (I believe)(The applicant believes) and also (Applicant('s legal representative)('s litigation friend) - they were meant to cross these out

 

2. The copy of the CCA is blurry, and the attached terms of the CCA are completely different format (just like a word document)

 

3. They say I 'signed' the credit agreement but there is no signature on the CCA, just an IP address and tick box

 

4. The sign date on the CCA looks like 2006 not 2008,

 

5. There is no evidence of an Immediate Payment in Full Final Demand letter from MBNA

 

6. There is no evidence that Statutory Arrears notices were sent from MBNA

 

7. They note a second letter before action was sent on 31 March 2017 but this isnt included in the evidence

 

8. There is little evidence provided of mopnthly statements of account, expenditure, interest charges

 

9. The CPR request was not complied with until the documents were included in the witness statement (should they have sent them before?)

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2 and 3 as post 117...

the rest no

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

A DN is an intention to file a default not exactly when they will

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks

I have no evidence that the notice was served to me on the date said, nor that I received the notice of assignment. Is it worth me arguing that neither were received?

 

Hi

I've literally scoured the evidence top to bottom. There is a lack of defence here, can you tell me if any of this will support:

 

1. they never reponded to my CPR 31/14 request and say this is now complied with within the witness statement

 

2. I never got a notificaion of the claim becoming stayed, it never showed as stayed on the MCOL website

 

3. The balance on the MBNA statement they sent in evidence is different to the amount that was owed when they were instructed

 

4. I never got a letter from the court saying they'd received my defence

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1 CPR is a request not mandatory to respond unlike a CCA

 

2. as already explain you don't

 

3. immaterial

 

4. doesn't matter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

they did on mcol

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I don’t think I have a leg to stand on here.

 

Can someone explain what my options are as far as settling this before court date?

 

I’m happy to ph these people a couple of grand if it gets them off my back and I don’t end up with a CCJ

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i'll trawl through later

still no court date I assume...

 

you are currently waiting to hear from the court if there will be a hearing or not.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Here is the entire documents I received with personal details blacked out.

Your support and help is much appreciated with where to go next.

 

hidden this attachment as its not redacted properly

I will sort it

and a response soon.

shame it wasn't done properly in the first place

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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