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fdpm

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fdpm last won the day on April 7 2011

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About fdpm

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  1. Hi not been on here for quite a while as thought all the dcas had finally gone away - only to receive today a notice from Hoist regarding old HSBC loan The first paragraph of the letter is as follows. " We are writing to notify you that MKDP LLP has assigned all of it's respective rights, titles and interest in respect of the above referenced account (Ex HSBC) to Hoist Portfolio Holding Limited effective 26/10/2015. The total balance sold they say is £25,392.20 but curretn balance £25082.20" I stopped paying this back in 2008 due to financial difficulties and although ov
  2. Don't panic - if you have put in a solid statement for your reasons, it is quite likely the dj will have the matter set aside, or will set a date for the hearing. From what I've read on your thread you have solid grounds for your defence. Don't worry. It will be okay... just have faith.
  3. Good luck Iman, the leeds losers recently tried it on with me with one of their dodgy SDs and my judge threw it out as an abuse of process! If you are lucky on the day and get the right judge it means all the difference - they are NOT supposed to be using SDs for Consumer Credit related debts... make sure you report them to the OFT too.
  4. Hello barbara 1950, in response to your question, it isn't so much about whether or not I owe the money so much as whether or not they actually own the debt. My original creditor was a bank... it isn't the bank who were trying to make me bankrupt. My defence hinged around the facts that no copy of my credit card agreement was produced, no default notice was ever issued by the bank and finally, the dca had never sent me a properly drawn up Notice of Assignment - on top of all that, using a Stat Demand is an abuse of process for a matter relating to the CCA 1974 and lucky for me, in my case, the
  5. Don't worry about the serving of it - just start getting your defence ready... I was served via my partner! I was in court just a couple of weeks ago with an SD from Lowells/Hamptons and the Judge I got was brilliant and set it aside - however, you can't always depend on the Judge - previously I had one who was on the side of the creditor... so - I would suggest you do some reading about SD's on here and then prepare your application to have it set aside. One point - once you have been to court and signed your affidavit - make sure to ask the court if you have to send a copy to Lowells/Ha
  6. Thanks 42Man - the main reason I think we should find out is that when she pounced on me in the waiting room, she was threatening that she was going to ask for an adjournment of the hearing as she had been advised by the claimants that I hadn't submitted a defence and she only found out when she got to the court and asked. I personally think it was their way of trying to delay things because surely they must have realised I had submitted an affadavit when they got the notice from the court about the hearing date? Anyway - Thank God, in my case anyway, I got a different Judge this time be
  7. Just a quick question to all of you knowledgable CAGGERS - the Agent was really miffed that I hadn't sent them a copy of my affadavit... Can anyone confirm/deny whether or not one is supposed to send a copy to the person who has issued the SD? The agent said she had asked the court and they had said that I should have sent them a copy... but I am pretty sure that last time I had an SD that I never sent the other side anything?? Just thought it is one of those questions that no-one seems to have ever asked! Thanks
  8. Hi all - Just got back from the Court... The other side had sent an agent along who pounced on me... said she was going to ask for adjournment as I hadn't sent them (the alleged creditors) a copy of my affadavit. Anyway - got called in and the first thing I noticed was that the Judge was different one from last time... so that made me feel less frightened... the Judge was reading my defence. He asked me if I had produced it myself, so I said yes with the help of research on the internet... he said it was well written and suggested that perhaps I should be a solicitor, so I just said Thank you
  9. Big day tomorrow... frightened but keeping fingers and toes crossed they don't show up! Lots of prayers tonight please? Will report back tomorrow...
  10. Hi Have recently received bundle of papers from Bryan Carter in response to CCA request and not sure if the CCA from Egg is actually an agreement or an application form posing as an agreement? It was taken out online back in 2005 and starts at top of page saying it is a CCA regulated by the Consumer Credit Act 1974. Under a heading Key Financial Information it has the following: 1. Credit Limit - some blurb about them sertting and telling me the credit limit from time to time 2. Repayments - about minimum payments 3. APR 4. Interest 5. How repayments used 6.
  11. I hear you but still scared. Feel annoyed with myself for not demanding CCA earlier - but with all the problems we had last year with the paerents, I just never got around to it. If the court finds in their favour - does anyone know what happens nex?
  12. Just found out will have the same judge as before and he wasn't very nice... so now dreading next week!
  13. Hi Am in court next week and now beginning to feel a little bit scared. After reading many more threads on here am now thinking I have done it all wrong. My logic tells me not to worry as even if the judge thinks they have a case. all I would probably need to do is make an offer of £1 a week (is truly all I could afford) but my impending sense of doom head tells me they will make me bankrupt, I will lose my home and end up sleeping rough! I know it all seems crazy but I am scared and not sleeping very well. I really hate all of this. I didn't deliberately set out to be in debt. I tried a
  14. Hi Received a letter in early part of the year threatening legal proceedings if no response so sent them a CCA request. Two weeks later received another letter from them offering me a reduced settlement! But no sign of CCA Today, 3 weeks later have received a letter in acknowledgment of CCA request saying it would appear that my address differs to the one which is shown on their records!! How can this be when they have already sent the previous two letters?? They're asking me to send passport or driving licence to confirm it's me... Any suggestions> I thought of just
  15. Hi, This is the defence I am submitting for the SD - if one of you experts could take a quick look over I would be very grateful? Thanks The debt is totally disputed The alleged creditor is claiming payment of three sums being the balance of monies due against different credit accounts numbered xxxxxxxxx, xxxxxx & xxxxx and I have no knowledge of any of these accounts. The alleged creditor has provided no Default Notices in accordance with the Consumer Credit Act 1974 which states that in order for it to be valid; the Default Notice must be in the prescribed man
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