Hi sorry to be a nuisance but I really want to get this letter off tomorrow so any help or link would be great thanks sorry for annoying you all

Hi any help compiling a professional looking letter? Thanks

Hi Sorry not sure what you mean - I am look for help to write a letter incorporating what i have put in my last thread. Thanks for looking in and any assistance is greatly appreciated as always

Bump

Help with letter want to put these points in a well written letter - any takers??? Thank you for your recent letter which was received today - please note all correspondence should be sent to the address above. I enclose for your reference three letters which were sent recorded delivery. The first letter is dated 11th October 2007 requesting details from the original creditor, the second letter is undated and this is my response to the original creditors reply, the third letter dated 8th January 2008 is to First Revenue Assurance which to date I have NOT received a reply. I think you will find the letter (marked 2) is self explanatory and as such this account remains in dispute. I have also enclosed the OFT guidance for your information and highlighted areas I feel I have been affected by with regards to this account. It should also be noted this account is made up of a number of charges therefore, the balance you claim is owed is incorrect. It should also be noted that bypassing the county court option and issuing a statutory demand is also frowned upon and will be questioned.

Hi yes I have kept all the paperwork everything has been coming to my address for her - the debt has been assigned - she received a letter from MBNA giving her four options pay in full, pay so much now and balance over years, early settlement blah blah I ignored that as they had not complied with the CCA request - then she got a letter from Arrow a default notice, then a letter every week offering discounts blah blah - then they sent the agreement which is illegible it is black?

Thanks I don't know if she could attend an hearing - it is sooooo unfair that I know I could take this on and win but its not me !!!!!!

Hi The only default was from Arrow themselves she never recevied one from MBNA?

thanks for that - Can I go to court on her behalf or at least speak on her behalf? They have sent the agreement but you cannot read it - should I just adapt this letter to suit? Thanks for looking in

Hi guys just an update for you .... A letter came to her address today saying she has 14 days to contact them or they will be issuing a stat demand - as I said the CCA is completely black can hardly read it - T&C's typed out with account number written on the top - what now??? If this was me I would fight it tooth and nail but I am not sure she can - can I do it on her behalf? Do i ring them and explain (I know the answer to that) - i just don't know what to do - she still has a 50K mortgage she is on pension credit and they pay the bulk of her mortgage - but the thought of her being homeless ??? Any advise as ever is appreciated

Hi Guys thanks for the advise - there are quite a few - I actually think this is Marlin/Arrow on behalf of MBNA now - they are not taking no for an answer even thought the CCA is a sheet of black complete illegible - I will just continue to chip away ............ I just do not want her to have the stress she is not a particularly well woman and surely if she wants her mail delivering elsewhere that is her perogative!! Thanks again

Hi I did suspect that but don't understand why they would do that I do not ignore any mail and always respond - it seems odd that they would go to that extreme?? surely tracing agents are for people who are ignoring mail etc

The best advise I can give you is to stick around these forums these guys on here are amazing and give you so much support - the key is to listen to what they say. I am 3-4 years into this and have been to court 6 times (won everytime) have another 2 cases pending - at the start of this I thought I could never in a million years do this but I did I took them on and won - sometimes you will feel you are in a lonely place but you ARE NOT alone - just log on and talk to people it helps take care

Hi all Hope you are well My mum in law had a number of debts she is a pensioner and could not cope - i redirected all her mail to my address and deal with them as they come through - however today someone knocked on her door said is it Mrs XXX she said yes and they said just wanted to confirm your postal address and left Any ideas what this would be - despicable people ( she is almost 70) Thnaks

Hi The judge found flaws with their particulars of claim and requested that an amended particulars of claim be submitted before a certain date - they did not submit that and the judge struck it out. Another lot of good news today - another one I was about to go to court with has sent a notice of discontinuance - (will post on that thread though:)) Thanks for all your support and help and if anyone wants any helps with HFO or anyone else let me know because, trust me, I am old hat at court appearances (civil not crim lol) - in my opinion fight them all the way and don't let the buggars get your down

My only problem is it was done via northampton and I do not have a claim number or anything and they do not have a search facility???

Hi I do not have a copy of the original judgement - i pay it to YB and have done for 5-6 years never missed the payment - i received a letter from marlin saying the debt had been assigned to them and now I have a letter from they solictors Morgans saying they are going to enforce the judgement as I have not paid it??

Hi I have continued making my regular payment and have today received a letter saying as I am in breach of my judgement they are seeking to get an enforcement order - but I have not missed a payment???? Do I contact the court?

Just wanted to let you all know - I won they failed to comply with an order the judge made and it was struck out!!! Thanks to you all

thanks popeye, its not massively urgent but just want to know where I stand

Hi just wanting to BUMP so someone can look it over for me Thanks

Hi the reply card is the CCA, there is no default notice and this is my defence (which has not been amended) The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all. The defendant has asked the Claimant for disclosure of documents. Specifically, statements for the duration of the alleged agreement, a copy of an executed agreement, and a breakdown of all charges levied to the alleged account. By failing to furnish said documentation, the Claimant is denying the Defendant the opportunity to file a properly particularised Defence. The Defendant will seek the permission of the Court to amend the Defence when the Claimant provides the information requested. It is averred that the Claimant having failed to serve a Notice of Assignment on the Defendant as required by section 136(1) of the Law of Property Act 1925, does not possess any legal right to issue a claim demanding monies allegedly owed. Under the aforementioned Act, the absence of a Notice of Assignment precludes the claimant from instigating these proceedings and continuing with the same. The Defendant puts the Claimant to strict proof that a Notice of Assignment was received, as averred in the Particulars of Claim. Accordingly, the Defendant does not know the case it has to meet and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing the claim is vexatious and amounts to unlawful harassment pursuant to section 40 of the Administration of Justice Act 1970. In respect of that which is denied, a request was made under section 78-79 (since I have no knowledge of the type of agreement) of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. The Claimant has twelve working days from receipt of the request, to provide said document, which is stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. In response to the request, no letter has been received. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78-79 of the Consumer Credit Act 1974. The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment. Further, in respect of that which is denied, it is averred that during the period in which any alleged account was operating the claimant, or the original creditor, debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant or original creditor. The defendant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law. Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. The Defendant puts the Claimant to strict proof that any Notice of Assignment sent to me was legally valid. To be valid, a Notice of Assignment must be accurate in respect of the amount stipulated. It is denied that any Default Notice was received from the claimant, and the claimant is put to strict proof that any default notice sent complied with section 88(1) of the Consumer Credit Act 1974, as to form and content, and has therefore been registered with Credit Reference Agencies unlawfully. The Claimants are not entitled to claim interest, as they have not established a legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely unmeritorious and should be struck out for the aforementioned reasons.

Sorry thought I had posted it but it says: It is ordered that 1. Unless the claimaint: (a) by 4.00p.m on the 4th December files and serves amended POC pleading the claimaints title to the sums allegedly due and giving full particulars of how the sum claimed in comprised (as to capital and interest) and (b) by 4.00p.m on the 4th December file and serves a statement explaining the claimants solicitors answers to question one of the pre trial checklist dated 22.8.08 and © by 4.00p.m on 18th December files and serves a witness statement complying in ALL respects with the provisions of the Civil Procedure Rules and condescending not only to the claim but the matters set out in the Defence the claim will be struck out (without further notice) with costs. (2) Upon full compliance by the claimant with Paragraph 1 above further directions will be given to lead an adjourned trial of this claim (3) there shall be no order as to costs of today Thanks

That is everything they have to rely on - I am not too sure about the Reply Card thing but surely it is insufficient? and they have only sent one statement should they not sent the whole statement of account? I just need loads of mud to sling but just need it clarifying by you guys Thanks Maz for looking in

yeah I just need to know what I am going to court with? have they provided enough of what the order is asking?