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  1. Hmm. Thanks, but I'm not exactly sure what I'm trying to achieve. I suppose I'm just fishing to see if anyone says, you should be doing this..etc. I've learned a lot from CAG website and everyone's help and advise. I suppose as long as they are unable to respond to the Sec78 then it's unlikely to go anywhere, for the moment at least.
  2. A credit card debt was defaulted in 2008 and I received a notice of assignment of it in 2012 to Lowell's. Soon after I received a solicitors letter saying 'we are giving you notice of legal action'. Sent Sec78 to original named lender, and Sec78 to Lowells. Original lender didn't respond, but after chasing Lowell's up they wrote saying "we've concluded debt is not linked to you, as such have removed your personal details from our data base, and you should contact the credit reference bureaus to review your credit file". They also returned the £1 postal order. The credit card debt is still showing on my credit file as in default to Lowell's using the credit card account number shown in the assignment - its nearly 6yrs since the default date listed. Despite supposedly removing me from their database, Lowell's have written to me again this year quoting the same Lowell's reference number, the same debt amount, and almost the same credit card number but they've changed one digit. The letter said one of our debt collection agencies will be in touch as you've failed to pay. Sent Sec78 again to original lender and Sec78 to Lowell's quoting new credit card number given. This time original lender wrote back saying information provided does not correspond to any of our records. But I have heard nothing from Lowell's. q1. Should I chase up Lowell's again about the ignored Sec78 request with the different credit card number? q2. Can I do anything about Lowells giving me a letter saying debt is not linked to you but them still being listed on my credit file with the credit card number and debt amount which they say is not linked to me? q3. Should I do anything Lowell's saying they've removed my personal details, yet two years later they are using the same Lowell reference number and debt amount linked to my name and address, but slightly different credit card number. Thanks for any help. Regrds.
  3. Its been a while - but hello again. Wonder if someone can help conclude this one for me please. The last correspondence on this file was in Jan2011 and was the Order from the judge saying "The Claimant shall within 7 days of service of this order comply with the Defendants part 18 request for further information". They didn't comply have sent absolutely no further correspondence. The claim is still listed in my log in on government gateway. The debt is no longer showing on my credit file as per statutory report from equifax as the default date that had been showing was july2008 so 6yrs past that date now. Is there anything I need to do to conclude this? Can the claimant still pick this up at any point if they decide to? Regrds.
  4. Hi, ok there was confusion in getting correct fee paid for n244 order which seemed to take weeks (court returned form saying I paid wrong fee, sent new fee and then they sent refund of extra fee]. Correct fee was £45 as originally paid. Judge finally issued n244 dated 10th Jan saying; "The claimant shall within 7 days of service of this order comply with the Defendant's part 18 request for further information". And thats it! Any idea where I am now?.....7 days finished on 17th Jan and I've fallen in to the same trap of letting this slip so need a kick. I took andyorchs advice to let the judge determine an "unless order" but clearly decided not to. Do I have to do a new n244 form then now to go for strikeout?..how come the judge left it open ended? any examples I can follow, how much it is (shall I ring court)? (get brain into gear...get brain into gear)... Oh yes, I haven't heard from the claimant at all. Absolutely nothing.
  5. Ok heard nothing back. Sent part18 on 7 nov to claimant by recorded delivery. On 10 nov received letter saying sols had resigned and claimant now acting in house. Called same day to remind them of obligations, and also sent copy of part 18 request again by recorded. So 14 days now up...whats next n244 for strike out?..can you point me in right direction again please.
  6. The part18 request was addressed to the claimant at their r/o address given on the claim form demanding a response within '14days' - I sent it recorded delivery. Everything else has also been sent recorded delivery addressed to the claimant at their r/o address on the claim form, including the cpr31.14, the s78, and the n244. In fact I haven't addressed anything at all to the sols. Is that enough, or do you recommend I re-send copies of everything again in a 'bundle'? Anything missing?
  7. Just received notice that their sols are no longer acting for them so they are now acting for themselves. Is this relevant to anything?
  8. Will wait for 2nd opinion then but not around now till after wkend. thanks.
  9. Ok makes sense. Should I simply ask; 1. Was a default notice issued to the defendant? 2. If so on what date? 3. And by which date was given to the defendant for them to comply with the default notice? Is that enough or should I cover evey question like; 4. What was the name and address on the dn? 5. what was the account number on the dn? 6. the credit limit? 7. the outstanding balance? etc.
  10. Ok DB I've read CPR18 and PD18 and note the following; 1. CPR18 is for clarity on any matter, or to request additional information. Therefore as per pt2537's sticky (CPR part 18 vs CPR 31.14 Confused? well read here) Part 18 is not for documents. 2. PD18 also instructs that requests must not be made by piecemeal. 1. Bearing these points in mind how will this get me a proper copy of the DN. My understanding is I can only ask specific questions such as; was a DN ever sent to the defendant, what date was it sent, what date was given to allow the defendant to comply..etc. 2. Will this prevent me from asking other questions in the future about the agreement or any other matter. Am I allowed to send further letters under cpr18 to request information? ..isn't this construed as piecemeal? Regards.
  11. Ok thanks andy. Damn what an idiot I am. So the lesson is keep asking the question when you are doing an N244 order as there are opportunities for strike out that are easily missed. Here's hoping I can rectify this as they clearly don't have the documents to back up this claim. I will be in touch when the AQ comes through which I guarantee will come. I hope I eat my words but I doubt it. How long do they normally take?
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