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Crolthtroll

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Everything posted by Crolthtroll

  1. How long have I got to apply is it 7 days from date of order? Here are the letters received today. SJ.pdf
  2. Hi, I have received a letter from the court today. The stay has been lifted without a hearing. Letter went to my old address and the order is dated 20th nov. I need to apply to have the order set aside varied or stayed. Please can I have some help with this. Many thanks
  3. Ok I have done some more reading. Applications that state they are credit agreements become executed once signed I have to argue that it is not properly executed should it get to court, is that the correct interpretation?
  4. I have been reading through the cc act 1974 on the gov web site and found the following definition. " unexecuted agreement " means a document embodying the terms of a prospective regulated agreement, or such of them as it is intended to reduce to writing; Could this be interpreted as an application is in effect a prospective regulated agreement and therefore is in it's self unenforceable? Does "or such of them as it is intended to reduce to writing" mean what terms are intended to be embodied in the actual agreement?
  5. Thanks dx for your valuable support, I guess I feel a bit worried and needy right now as I don't have much reading time looking after a hyperactive 3 year old at my age. I have memory problems and seem to struggle using the search engine here on my phone.
  6. The letter says " We should be grateful to hear from you with confirmation of your position and any material dispute by return as we are instructed to file an application to progress the claim and it is in the interest of all parties and judicial time that any required directions be considered at that stage." They called me again today and left a message I am just ignoring all attempts to contact me. I do intend to apply for a DRO if I loose at trial as I simply dont have any money to pay them with. I moved house 16 months ago that I was on the title t
  7. Hi dx, Received a letter from Kearns saying make contact by return or we will go to trial I also recieved a statement of account from Link they are adding interest every month of nearly £40 the balance has now increased to nearly £8000 can they do this pre trial? Its a bit worrying as I dont have any money don't work as I permanently look after my great grandson my husband supports us on his pension.
  8. The copy I have of the MS application form is better than the scan copy although a bit distorted I can make everything out that is on the top half. The bottom half is harder. Are you able to post a link to a list of the required prescribed terms? I have been reading lots of previous threads all of them closed is this why I am unable to open and view any of the attached uploads? I am trying to find examples/copies of unenforceable agreements or even a MS agreement of a similar date to mine.
  9. Hello dx, There is something on the very last page bottom right hand corner of MS tc's that looks like it could be a date.
  10. Thanks, did you get the mail with the Morgan Stanley tcs? I spent most of yesterday reading other posts to try and get an idea what my defence would be should they lift the stay am I right in saying they still haven't complied to my cca.
  11. Does my agreement look to be enforceable? I will send the other pages as soon as I get home. Thanks
  12. Hi All, I received a letter from Kearns in reply to my CCA and CPR 31.14 request. they sent a copy of my signed agreement which is also an application form. Copy Morgan Stanley tc's copy Barclay tc's default notice assignment notice some copies of monthly statements and a letter saying they have met there obligations please cobtact us with your payment proposal. docs1.pdf
  13. Andyorch Here is my defence. Could you please check it for me? Do I need to add a witness statement of truth at the end? Thank you. Particulars of Claim for cross reference only What is the claim for 1 The claimant claims the whole of the outstanding balance due payable under an agreement referenced ---- and opened effective from 17.07.2003 .The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant. 2. The defendant failed to make payment as required and by 11.07. 2016 a default was record
  14. Hi dx100uk, done everything you advised. I have to submit my defence before 8th July can you help with this please? Many thanks El.
  15. So they could still get a judgement but not enforce? Could they then go for a charging order as well? What would be my defence?
  16. I have already sent the cca request 4th December 2017 do I send another one? Yes I have definitely paid since 2009 this is not SB if that's what you are trying to determine. I will ring BCard again this morning. The cca request was outstanding when I received this count court claim, I thought pursueing a debt in any way was not permitted whilst a cca request has not been complied with, Is this my defence?
  17. I have completed the cpr31.14 and will send off recorded delivery to Kearns. I will send the acknowledgment of service off as well tomorrow. Is that all I need to do for Now? Thanks Thanks for editing. Doing all this on my phone and not being very proficient with word I struggle a bit. Also a little panicky so may be rushing doesn't help. I do appreciate all your help.
  18. Name of the Claimant ? Asset link capital (NO5) Limited Date of issue – .*5th June 2018 What is the claim for 1The claimant claims the whole of the outstanding balance due payable under an agreement referenced ---- and opened effective from 17.07.2003 2. The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant. 3. The defendant failed to make payment as required and by 11.07. 2016 a default was recorded. 4.As at 30.09.2016 the defendant owed Barclaycard plc the sum of 6059.
  19. It's from Kearns Solicitors. Headed letter of claim gives outstanding amount assignment date. Date agreement started. Demanding full payment. If unable to pay complete attached reply form and financial statement. Gives 30 days to reply . Letter dated 17th Nov. 2017 Sent them a cca on 4th December.
  20. Received another letter today giving me seven days to propose a payment plan or they will proceed with legal action. I have wrote a simple reply saying please find enclosed a copy of my CCA request together with a copy of the receipt for the postal order sent with it. Is this my best course of action? Thanks
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