Hi

I wonder if you can help...

I have an outstanding debt of £798.22 which was an MBNA CC from 2011 - this has been passed round collection agencies since then and I haven't made any payment or acknowledged the debt till Nov last year.

I am currently not working, been on ESA for years and have very little prospect of returning to work.

My dad offered to help me clear my debts so I can move into an adapted rented property

. I wrote to Restons and offered them 10% of the outstanding debt and explained I had a chronic health condition.

They replied a month later rejecting the 10% but asking for supporting documents

. I replied on 31/12 sending letters from the hospital and haven't heard anything.

Meanwhile other creditors have been accepting 10% full and final settlement offers..

my post has just arrived which included a Claimform from Restons -

I'm livid as I had been trying to resolve this.

The debt collectors before Reston were dlc who offered me a settlement of £199.56 but sold the debt on

Can I appeal?

I have tried to call Restons, even with a named case manager, I can't get through

I am so so frustrated and upset by this

thanks for your help

Why if you were writing to restons did you not get the claim form and defended it?

Do they not know you real address?

SORRY - my mistake, I have received the claim form today. I was so upset I called it the wrong thing when I posted on here. Sorry

ok

please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

Name of the Claimant ? - Hillesden Securities Limited

Date of issue – 15th March 2016

What is the claim for

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and MBNA dated on or about Feb 19 2008 and assigned to the claimant

Particulars a/c no xxxxx

Date 10/11/2015 Default Balance £798.22

What is the value of the claim? £928.22

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? - credit card

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.

It's the debt purchaser / solictiors that have issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I had a letter from dlc saying the next step was to pass to Restons, no letter of assignment

Did you receive a Default Notice from the original creditor? - I don't so, was such a long time ago

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Lost job due to ill health

What was the date of your last payment? April 2011

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

I just had a call from Restons,

I had called them before posting here yesterday to ask why they issued a claim

when I was trying to resolve the matter.

The lady was very polite she went through my file and said no letter of 31/12,

not heard anything since my 10% offer in Nov.

I didn't send it registered post, but equally, I didnt send the first one registered but that got there ok.

I asked her if they would accept the 199.56 offer I had made, which was in response to dlc's offer and she said no, because it was in court I had to respond to court and there was nothing they could do.

I explained I was on ESA ( I had previously sent them a financial statement from Stepchange) and could only pay £1 a month which since the balance is £920 I wasn't going to live that long!

she agreed but wouldn't budge, told me to fill the court paperwork in.

She wanted to know all about my chronic condition,

I asked what was the point in going through it if she wasn't able to help?

I had earlier told her I have arthritis in both knees and right hand with very little prospect of returning to work.

I said I wanted the original signed agreement and she said had to be in writing and send a pound.

Hi minkie64 ...first off no more phone calls to Pestons...its counterproductive and will only worsen your health.

You have 33 days in total if you intend to defend the claim in full.....19 days to acknowledge service (date on the claim form being day 1) and a further 14 days to submit a defence...so int total 33 days.

You can register to use MCOL and do all this on line....so disregard the claim pack but retain safely.

1.So firstly acknowledge service once you are ready.

2.Send a section 78 request to the claimant for a copy of the agreement (go to the Library for template) follow the instructions

3.Send a CPR 31.14 request to the Solicitor (go to the Library for template) follow the instructions

Come back here once all the above is complete or if you are unsure of anything at this stage.

Regards

Andy

Hi Andy,

I promise, no more speaking to them. I just hoped they would accept the offer of £199.56 and it would all be resolved.

this is the letter I am about to post, can you please advise if I send to just them? I'm confused

template removed - please read our rules - dx

CCA request goes to the Claimant not the Solicitor.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

Thanks Andy, so this should go to Hillesdens? and do I send anything to Restons? I'm very confused

thanks for your patience!

CPR 31.14 to Pests..once you have edited to suit the claimant's particulars.

hi,

I sent the letters to DLC and Restons and I've just got this reply.

Please find enclosed a draft letter which purports to come from you but which is unsigned. ( I had typed my name at the bottom of the letter)

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

they signed it!

so, by worry is now, I have to file my defence in court next week.

Shall I sign the letter and send it back or send this to the court?

Help please and thank you

Neither...you simply refer to the claimant in your defence as frustrating your requests to verify the claim and failing to comply with Pre Action Protocol.

Andy

Thanks Andy

I also had a Letter from DLC

Important information about your account.

On 1 March 2016, ME lll Limited bought your account from Hillesden Securities Ltd. ME ll and Hillesden Securities Ltd (*dlc*) are both part of the Caboot Credit Management Group.

Although, ME lll Limited are the legal and beneficial owners of your account, you should continue to communicate with, and make payments, to your current servicer.

Currently paying?

You don't have to do anything.

Currently dealing with a third party debt management or insolvency company?

You don't have to do anything. We will continue to deal with your third party and your plan will remain in place.

Not currently paying?

We would like to speak to you to discuss your account. Call us on 0344 335 8498 so we can agree an affordable solution with you that is tailored to your financial situation and personal circumstances.

If you have any queries about the content of this letter, please dont hesitate to contact us or you can visit our website, mydlc.co.uk for more details.

yours sincerely..

I don't think this was a reply for my section 78 request, so not sure what to do?

thanks for your help

not a reply to your s78 request, you must keep in mind your defence due date by April 16

you must not miss this regardless of what you do /do not receive

Thanks

I don't know how to defend this now?

I admitted to Restons that I owed the debt back in Nov when I made them a 10% full and final settlement so what do I write as my defence? I want to post it on Monday as I don't think I can do it online?

thanks in advance

Why cant you do it on line...? how did you do your acknowledgment of service?

Andy

matters not what you said to Restons, if they dont have the correct paperwork to support their claim

you need to start reading up on similar defences here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

you did acknowledge the claim om mcol website as advised at the start of this thread?

something like this:

POC

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and [original creditor] dated on or about etc etc

2. And assigned to the claimant on etc etc

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have in the past had financial dealings with [original creditor]. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Hi,

I will do it online, I thought I had to do it by post and send copies of my letters ...thanks for all your help

Many many thanks for this - I will tweak it, but I didn't have a clue how to start off and what to say

your help is much appreciated

Thank you

you did acknowledge the claim om mcol website as advised at the start of this thread?

You did do this? To give yourself the extra 14 days.

defence not due till/by 4pm Friday 15th

post it up first before your file it please.

dx

Hi Dx,

Yes, I did the AofS online on the 22nd March to get the extra 14 days

Thanks