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frankieb123

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  1. Quick update, been to see a solicitor who has submitted my papers for defence. That was on Wed 30th July. Return date 1st August. Funny thing is nothing has been heard from Nolans in weeks and today, Trading standards phoned me to say they had received a letter from Nolans solicitors. Which goes as follows: "We refer to the above matter and to your fax of 15th July 2008. We enclose herewith first inventory of Productions for the Pursuers being the statement of account from the original Creditor. Further information will be lodged in process as soon as it is received by our clients. We note that neither you nor your client have intimated any basis in which the action may be defended. You refer to requests made under the Consumer Credit Act which were only made after the action was raised. The time limits are still extant and will still be extant at the time Decree is granted and your clients will have no basis on which to defend the action in terms of this act. As you are advising that your client wishes to defend the action, and as neither ourselves nor our clients have had any basis of any defence intimated to us, we should be obliged if you would confirm the same to us in order to provide us with fair notice and allow our clients to properly investigate any claims.". The inventory they sent is a print out with my wifes name on it from british credit trust which shows payments made and then balance and arrears up until 14/07/2007, however there is no copy of the CCA. What I would like to know is what they say in the letter "You refer to requests made under the Consumer Credit Act which were only made after the action was raised. The time limits are still extant and will still be extant at the time Decree is granted and your clients will have no basis on which to defend the action in terms of this act." Is this true or if they cannot produce the original copy by the court date of the 8th August will it get thrown out. As far as I'm concerned the statement of account could have been typed up by anyone and made to look as though we owe thousands of pounds. Also the date the statement of account was printed says at the bottom of the page 17 July 2008. They have held onto it for 13 days. Please could someone get back to me with an update as I would like to know if they have not produced the CCA since I sent my letter away on the 3rd of July, and if they do not produce it on the 8th of August, can I get this thrown out. Thanks again Frank
  2. Hi folks here is a quick update. Received a letter from Nolans last Saturday 13th July that states: "We refer to the terms of your letter of 3rd July 2008 and should advise that as agents for MCE Portfolio Limited we are instructed soley in relation to recovery of the debt due by you to them. We have passed your letter of 3rd July 2007 on to our clients in order for them to respond in terms of the Data Protection Act 1998. We have requested a copy Agreement and Statement of Account from our clients which will be intimated to you upon receipt. Otherwise we should be obliged if you would confirm the nature of the defence which you believe exists in this case to which your said letter of 3rd July 2008 singularly fails to elucidate.". What I would like to know is the letter I sent to MCE was received on the 5th July and signed for, I have the electronic proof of delivery. As it is now the 19th July and they are over the 12 days without providing me with the CCA are they in breach of the act or by Nolans sending me the letter are they trying to buy more time. Also I went into my local trading standards office last week and they sent a fax to nolans stating that we are intending to defend the case. Could you please let me know when I should post defence part of the summons back to court as the return date is the 1st August. Many thanks again.
  3. Thanks Ida here goes again hope it works this time mceletter-1.jpg - Image - Photobucket - Video and Image Hosting
  4. Quick update these are the documents I received and the letters I am posting away today if anybody could have a look at them and let me know if there are any problems with the letters
  5. Just in one night I feel as though I am getting somewhere. I'll hopefully sleep better tonight. I'll try and update tomorrow. Thanks
  6. One more point before I head of to my bed, I take these companies can check credit reference agencies and would have known where I was if they had looked at it. Finally I will speak to the couple that bought the house tomorrow after work. What if they say they did know but done nothing will this make any difference? Sorry I feel as though I keep going on. Thanks again Rory:-)
  7. Rory I think the original cost of the car was £8995 and my payments were about £272.00 a month. I paid on time until they agreed to take the car back 11 months later. That's the last I heard from them. The letter from the solicitors doesn't have the original agreement number so I can't send a CCA request to MCE or BCT. Can you let me know why this has never shown up on my credit file, surely an outstanding debt like that would be on as a default, but checking my credit file through experian for the last couple of years there has been nothing from MCE or BCT. Is it worth talking to the people who bought my old house and ask them if they received any letters or sheriff officers at the door. I don't think they would mind and they know where we live so if anything they could have pointed dca's in the right direction years ago. Cheers
  8. Hi Rory here is the full details of the statement of claim: 1. The defenders reside at the address as stated in the instance which is within the territory of this court and has been resident for more than three months immediately prior to the raising of this action as is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuers no proceedings are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating jurisdiction over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland. 2. On 10/07/2003 the Defenders entered a Conditional Sale Agreement with BRITISH CREDIT TRUST LIMITED for the purchase of a motor vehicle. The Defenders failed to pay as agreed and is in breach of contract with the said suppliers. The said suppliers assigned all rights in the said debt to the Pursuers and the Pursuers have advised the Defenders of the same. The said sum of £4306.84 is the sum sued for. The Pursuers have made frequent requests to the Defenders to make payment of the said sum but the Defenders has refused or delayed to do so. It also says: SERVICE ON DEFENDER (place) Glasgow (date) 5/3/08 To: Me my old address You are hereby served with a copy of the above summons. As I said this is first time I have heard from anyone about this and would never have handed the car back if I knew I still had to pay for it. Thanks
  9. Hi CrazyAdi, and everyone else. This is my first post and it has to do with MCE as well. My wife and I purchased a car in July 2003, we were going through a bad patch at the time and split up the following April. We couldn't afford to pay for the car and my wife (who since then we have got back together and everything is now great) who had the car contacted the company British Credit Trust. I had never defaulted on any payments and my wife told me at the time that she contacted them and they agreed to come and uplift the car, which they duly did in June 2004. It was my old neighbour who signed for the car being taken away she said. But my wife says she has threw away the paperwork as it was 4 years ago and we were split up at the time. We sold our house and I moved in with my father and my wife and kids were rehoused by the council. Anyway to cut a long story short today at my fathers where we all live now, myself and my wife both received individual summary cause summons. It states that the pursuers have made frequent requests to the defenders to make payment (£4300) of the said sum but the defenders has refused or delayed to do so. Now this is the first we have heard of this since we handed the car back. I have never been notified by the buyers of our house who know us and know where we live of any letters received by the pursuer and I don't understand how it has taken this long to find my fathers address because I am on experian as being at my fathers since 2004 surely they check credit reference angencies. I don't even have them on my file at all as a default apart from them being mentioned in a financial association. I contacted the solicitors representing MCE and they said the company had tried to contact us on numerous occasions but this is untrue as I said this is the first we have heard of this. Is there anything I can do regarding contacting them requesting the letters that they supposedly sent to us. I honestly have never had any contact with them and neither has my wife. We got back together 10 month after we split up and my wife and kids moved into my fathers with me. Please help. Many thanks
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