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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 to with my husband and was mortgage free into a house left to my husband and his brother by there mum, my husband bought his brother out with half the money from the flat and registered the new property in his name only. Do you think Link would be able to get a charging order on the new house because I live there. Also if they do win and enforce the terms of the agreement there is one that financially excludes my husband from any liability so could that prevent a charge being applied?
  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 recorded. .As at 30.09.2016 the defendant owed Barclaycard plc the sum of 6059. 3. By agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30.09.2016 and made regular upon the claimant serving notice of as signment upon the defendant shortly thereafter. And the claimant claims 1.6159 2. Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 30.09.2016 to 4.06.2018 and thereafter at a daily rate of 128 to date of judgment or sooner payment. Date 04.06.2018 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 Barcalycard. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 4th December 2017 and is in breach of the section 78 request. 3. Paragraph 2 is noted. I await further information with regards to service of a Default Notice. 4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 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 not complied to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim. 6. 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; 7.. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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 credit Act 1974. 9. 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.
  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. 5.By agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30.09.2016 and made regular upon the claimant serving notice of assignment upon the defendant shortly thereafter. 6.And the claimant claims 1.6159 2. Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 30.09.2016 to 4.06.2018 and thereafter at a daily rate of 128 to date of judgment or sooner payment. Date 04.06.2018 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?yes What is the value of the claim?7349 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?*Credit card When did you enter into the original agreement before or after 2007? 2003 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.*Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?*Not sure Did you receive a Default Notice from the original creditor?*Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?*Not sure T Why did you cease payments? Out of work What was the date of your last payment? Not sure 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
  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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