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texanbar

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texanbar last won the day on January 16 2015

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  1. Thanks Andy - always a superstar. All adapted and emailed to our friends. They shall hand deliver to the courts tomorrow. Will keep you posted. x:)x
  2. Hello citizenB Happy ending nonetheless x:)x
  3. So sorry to read the news. I've been absent for some time as well. I'm back to help some dear friends - one who is over 70 years old and still having to deal with DCA and court proceedings. My dearest MIL passed away in 2012 and our dearest 21 year old cat Smudge passed away last year but all is good my end. Our daughters who were mere youngsters when I found this site are growing up fast - one started secondary school and the youngest in her last year at Primary. Working full-time and loving my career. Hope all is well with my CAG friends who treated me with compassion and guidance during some of my darkest times. You will always have a special place in my heart. Big hugs and love x:)x
  4. Hey Andy, We are all very well thank you. Since my last post with CAG, I am now working full-time and our eldest daughter has just started at secondary school. Time really does fly! Okay, I can complete the N244 for them. I'm assuming under the other documents I should include what you have stated below. Could you please help with a draft defence which I can include in their application please. fkofilee - I have been advised it was the court mediating service that contacted Mr & Mrs W. I have no idea why they had this conversation over the phone Whose to say it was the mediating service that called them ! I'm on the case. I'll download the N244 form now and start completing it. If I need anything else I'll shout Thxs everyone x:)x
  5. To my dearest CAG friends, I hope you are all well. It has been a lifetime since I have been on here for advice. I have some very dear friends (Mr & Mrs W) who are in desperate need for some help. A DCA, MKDP LLP are chasing funds (of less than £1000) for a credit card balance. Reading through their paperwork (in my limited knowledge) Mr & Mrs W may not have followed the procedure correctly in replying back to court documents. Let me give you a brief overview. Debt was assigned from HSBC to MKDP LLP on 13 March 2013. Mr W requested a copy of the signed agreement from them. One year later (12 March 2014) an ineligible copy was finally sent through which was a copy of opening a bank account not a credit card. 29 May 2014 Claim form received from Northampton County Court Business Centre POC reads: The Claimant claims the sum of £xxx.90 being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 13/03/2013. The Defendant(s) account number was xxxxxxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank plc. The Claimant claims the sum of £xxx.90 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. They did not complete the AoS instead they replied with a letter dated 14 June 2014 with the following: Dear Sir/Madam, With reference to the above, I can see that there is nothing for the Court to deal with as I have said that I would be happy to pay upon proof of the debt which MKDP LLP have failed to provide. 16 July 2014 Mr & Mrs W received Notice of Proposed Allocation to the Small Claims Track which said the following: TAKE NOTICE THAT 1. This is now a defended claim. 2.It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Direction Questionnaire (Form N180) and explain why. 3. You must by 4 August 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. 24 July 2014 Mr & Mrs W received from MKDP a copy of their Directions Questionnaire where they requested Settlement/Mediation. 6 August 2014 Mr W received a General Form of Judgment or Order They had failed to file the Directions Questionnaire with the courts. They duly completed one on the 13 August and hand delivered it to the Courts. 16 Sept 2014 Mr W received a phone call from the Mediation department. Mr W disputed the debt saying he was waiting for a copy of the credit card application. Mediation department said they would go back to MKDP to request said form. MKDP told the mediation department they were in possession of a document with a date stamp (1996) which did not require a signature from the bank. The conversation ended with a 'see you in court.' 26 Sept 2014 Mr & Mrs W received a Notice of Transfer of Proceedings stating to all parties, This claim has been transferred to the County Court hearing centre listed below for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. 12 November 2014 Mr & Mrs W received a General Form of Judgment or Order stating: Before District Judge xx sitting at the County Court... UPON considering the file and there being nothing like a defence document filed IT IS ORDERED that:- 1.The defence is struck out 2. The Claimant may enter judgment forthwith without further order 3. Any party affected by this order may apply to have it set aside or varied or stayed such application must be made within seven days after the date when this order was served on the party applying. Dated 20 October 2014. Mr & Mrs W responded with a letter dated 19 November 2014 stating: With reference to the above judgment I am requesting this be set aside. The Notice of transfer Proceedings dated 24 Sept state that I should have received a notice of allocation, of this I have never received. It would appear from this last document that I should have submitted a defence document, this I was totally unaware of as this is the first time that I have been in this situation. Could the court advise if this situation could be resolved and if so what action is required of me at this point. 24 November 2014 Mr & Mrs W received a letter from the courts advising they need to complete a N244 form within 7 days which is where I am asking for help. I feel so sorry for them as they should have asked for help. From the mediation it has gone straight to judgement. As such, please could someone advise how we complete the N244 form to help them with their case. It must be completed asap. Thanks so much Big hugs x:)x
  6. Dear Gerri, I wish you the very best of luck - the advice you are being given are the small steps to becoming empowered Just like you, I had no idea about what a SAR, DN, CCA, let alone a POC were but the most important points to remember is start creating a paper trail, as opposed to telephone calls. Make sure you have marked on your calendar when the 40 days are up following your SAR request. Try and read around different threads and learn from the experiences, it can be quite a journey but post up whatever you feel or need to ask, it is all worthwhile in the end... I have spent many an evening (which ended up being all night on here) to get a heads-up or a glimmer of wisdom. Good luck and know you have made some fantastic connections on here that will help you along the way. Tex x:)x
  7. Thxs evreyone please accept our donation into the CAG Mr & Mrs Tex ps We have just put our costs claim into IM, watch this space. "I would love to be a fly on the wall when the Grade A solicitor sees them"
  8. Thxs Brig - you can say that again Tex - hows the family Brig? X
  9. Thanks so much Caro and IainHL - the support has been tremendous. Iain I do hope you get the right result in the end Tex
  10. Cor blimey Andy ... There will be another donation to CAG, absolutely guaranteed! I'm glad we got the excellent result in the end and more importantly to each and every one of the 52,715 individuals who have viewed this thread, the confidence to believe in standing up and fighting the big boys I have made some great friends on this thread, including yourself, Gezwee, CitizenB, Womble (in the early days), Goldlady, Silverfox, Robcag, Caro, Determinator, Brig, PaulWlton, Ghostdebt, nevos, yourbank and the countless others of support. Thank you to everyone I love making Oscar speeches...
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