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LEYLA

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  1. Well, I really am "dim witted!" Been through my files today, to see what else I had relating to this old account. I have discovered copies of letters I sent to both original catalogue, Fashion World, & Reliable Collections, who were the DC at that time; requesting credit agreement, statement of account & deed of assignment. The catalogue replied in Feb 2009, stating date account was opened (1991). They state that there is no requirement for a "true copy of agreement" bearing my signature, but they have included a copy of the agreement, which they completed and sent to me when account was opened . There is also a breakdown of account back to 2002. So how do I go about any defence? I f today is last day for submitting- what time does it have to be in by? Haven't a clue how to do this. Sorry for sounding so pathetic, but my condition does make it very difficult to fathom things out!
  2. Thanks for the reply Andy. I've had a good look at other threads, but most have been sensible enough to send away for relevant documents to give leverage for defence. Afraid, I only have a few of the original statements, & letter informing me of sale to Lowell Portfolio. I have made no requests at all for further information! As final day is tomorrow, I haven't a clue as to how I could submit anything. If anyone has any suggestions, or can help me draft some form of acceptable defence, i would definately appreciate it.
  3. Could do with some URGENT advice please. I received a court claim from Lowell's in January, & completed acknowledgement of service as requested. At the time, I stated that I would defend in full. Deadline being tomorrow 28th Feb. Unfortunately, family bereavement & my own health (which tend to affect concentration & memory) have led to me lose track of time-scale, & unable to prepare any defence. This claim is for an amount outstanding from 2008 on an old catalogue. From the paperwork in my possession, I last made a payment in Sept 2008, with a balance of £333.49. It would appear that with admin charges, and "peace of mind plan" this had escallated to £545.95, by the time Lowell's took ownership in Jan 2013. The amount with court costs now total £718.83. As I'm unable to present any case, I feel my only option now is to come to some payment arrangement. Can anyone advise me on how to proceed with this. A) Do I contact or email the court & say I'm not submitting a defence? B) Do I make contact with the claimant & sort out a payment plan with them? I know that a CCJ will be entered against me, as there isn't any way of paying amount in full. Hope some kind person will advise. Grateful thanks, Leyla
  4. Hubby made an agreement with Cabot via court to pay debt by £40 per month. Payments made regularly via direct debit over past 3yrs. Just before Christmas, he was plagued by letters & phone calls, telling him that he needed to submit another income/expenditure form so that a new payment plan could be implimented. This added further £5. This week, there have been at least 3 phone calls a day from cabot asking for hubby (who has been at work). Today, when I answered phone, it was a different company called Fire Ltd. I note from CAG, that they are linked with Cabot. They are obviously wanting to increase payments again! Can they hound people like this, when you've made an agreement in court, & are making the required payment every month?
  5. Thanks HH. I noticed the letter I received didn't even have a signature attatched. Will be interesting to see how all this pans out!
  6. Received letter from HL on Saturday, which reads: We write in relation to the above claim. In order to assist you with your defence please find enclosed all the relevant documentation in relation to the above account as previously requested. Eigma SPV1 Limited is prepared not to persue the Claim and to allow the Claim to e stayed subject to you entering into a repayment plan on the Original Agreement: ------------- within 14 days of the date of this letter. Please contact us on 01527 586599 to discuss your repayment proposal, alternatively we will pursue the above Claim. Yours Faithfully, HL Solicitors Attatched was a "Statement of Transactions" with original lender. A copy of a letter supposedly sent in February from some company - Sigma Red Limited, informing me that they are passing the account to litigation partner HL Solicitors. A copy of letter from HL in May offering a "substantially discounted payment in settlement of balance." I'm assuming these original letters were never received, as I was regularly returning letters which were arriving at my address under another name!! The docummentation received, in no way meets all that I requested! Has anyone else received similar?
  7. Thanks very much Andy - that's reassuring.
  8. Got a letter from HL yesterday dated 8th August. Reads as folows:- We are disappointed that you have not replied to the claim for issued against you recently via the Northampton County Court. We are now at liberty to enter default judgement against you for the full amount claimed together with interest to date of judgment and costs. In the event that judgment is obtained details will be entered in a public register, the Register of Judgments, Orders and Fines, where they will be held for 6 years. They wil also be passed to credit reference agencies, who will supply them to credit grantors and others seeking information on your financial standing. This wil make it difficult for you to get credit. If judgment is entered and you ignore the order your goods may be removed and sold, or other enforcement proceedings may be taken against you. If this happens further costs will be added. To avoid judgment being entered please contact us immediately quoting reference. ..... If you wish to pay by debit or credit card or discuss the matter personally then you must contact us on. ........ You can also pay online at http://www.payhl.co.uk. We shall look forward to hearig from you Yours Faithfully, HL Solicitors Strange how this has just arrived! Nothing from them to acknowledge either of my letters requesting info or informing them of my defence. I did check with the court the day my defence was due, to ensure everything had been received in time. They had both my email & hard copies (sent recorded post) which had attatched letters that had been previously sent to Hl! What should I do now? Court told me they would be sending details of defence to HL & it was then for them to respond. One thing that does concern me. When I went online to see if HL had taken delivery of my recorded post - it only gave details of date & office depot delivered from. In the past, there have been signatures. Will this affect my ability to prove these letters were sent & received?
  9. Thanks for advice SD. Having to send an updated email as suggested. Will get it right this time hopefully!!
  10. Thanks guys. Oops I did miss statement of truth at the end! So how do you go about cancelling an email you've already sent? Never had to do that before. Sorry if I sound really dim!!
  11. PANIC has spurred me on! Decided it was best to check out FAQ on MCOL website, and discovered that I could email the defence, which I have now done. Did add a little note to say that HL had not acknowledged request for info. Wondering if I should send copy by registered post as back-up, or if this should suffice?
  12. Right, if I'm having to post this via snail mail, there's a couple of questions please. 1) Is it best to write by hand on the form sent in pack, or can I type it up & attatch? 2) Also, is it ok to use the defence used by some of the others on this forum (all appear to have identical poc - just that mine was with M&S)? 3) In my letter to HL, I informed them of my intention to go ahead with defence, & to make court aware of their non-compliance. Would this be added onto defence, or a note added seperately to the court?
  13. Oh Goodness hh, if that's the case, I'm right on the wire, as it's due 11th August!
  14. Thanks SD. Going to get letter sorted & then worry about log in & defence on Monday. Have tried 4 times to phone without success! Can't cope with more than 1 thing at a time
  15. Could someone tell me if this is ok, or if I need to alter it? On the 18th July I wrote to you,confirming acknowledgement of service to the court. I also made a request under CPR 31.14 forthe disclosure and production of documents mentioned in your Particulars ofClaim. Part 18 Request for furtherinformation, was sent separately, and both were received by your office on 19thJuly 2012. Up to this time, I have not received eitherdocumentation, or any indication that this information will be forthcoming. Ican only assume that you are not in possession of these details and thereforeask that you state this to me in writing. Please be aware, that I now intend to goahead with my defence, and shall make the court aware of your non-compliance. Yours Faithfully,
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