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texanbar

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Everything posted by texanbar

  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...
  11. GOOD NEWS****************GOOD NEWS***********************GOOD NEWS********************* We have received in the post today a NOTICE OF DISCONTINUANCE for the entire claim. Costs will be winging their way - can someone on the site team amend the title to read something along the lines of Double Discontinuance following attempted joint and several claim ... or whatever is appropriate. We got there Caggers.... Have a smashing weekend! we will be xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Mr and Mrs Tex x:)x
  12. Hi peeps, Another update, we received from the courts today: Standard order for failure to file listing questionnaires. The Claimant and Defendant have failed to file completed listing questionnaires by the date required. IT IS ORDERED: 1. Unless the Claimant files a Listing Questionnaire by 4pm on 22 June 2012, the claim may be struck out. 2. Unless the Claimant pays the Listing/Hearing fees by 4pm on 22 June 2012, the claim may be struck out. 3. Unless the Defendant files a Listing Questionnaire by 4pm on 22 June 2012, the defence may be struck out. Oops! Since IM messed up the timetable of activities this completely slipped our mind. This is definitely the time to send IM a letter inviting them to Discontinue! I wonder how much the fee is for the Listing/Hearing IM have to pay? Tex x:)x
  13. Oh and I wonder if anyone can answer this question please. Would the Claimant (IM) be allowed to continue with this case even though they have acknowledged the amount on the POC is no longer the correct amount but a considerably lesser amount, without informing the court. Many thanks, Tex x:)x
  14. Oh and I don't have glass eyes either Thanks Caro... our thoughts exactly Well we're not in any rush to send anything to them just yet - probably by the end of next week we'll send them something. Tex x:)x
  15. Dear Rob and Caro, Many thanks for your opinions and as always it is so informative to have a heads up especially when costs are involved. I have just realised that I didn't scan in their list of documents ... in a nutshell, this is what they say: Schedule 1: (they do not object) -Statements of case, applications, WS orders and questionnaires common to the parties -Party and party correspondence -T& C's applicable to the a/c (as at August 2004) -T&C's application to the same a/c (various from 2004 to date) - Copy Formal demand letter - Copy statements Schedule 2: (they DO object) -Confidential communications and other docs and communications passing between Claimant and its legal advisors for the purposes of seeking and receiving professional advice; confidential attendance and other notes and reports; branch and inter-dept memo, drafts and other documents coming into existence preparatory or subsequent to or in connection with the giving or receiving of professinal legal advice - Letters, faxes and other comms and notes of comms between the parties or their sols marked 'without prejudice' or otherwise sent or made in an edeavour to compromise these proceedings. Schedule 3: (no longer in their control) -Originals of any letters/notices described as copies -Account opening documents from August 2004 which were last in the control of the Claimant on an unknown date when they will have been destroyed in the usual course of business You are absolutely right that they have reduced the sum quite substantially in an effort to draw these proceedings to a close and as mentioned due to MIL still in hospital their deadline has now passed. However, we want to put together a letter to IM which would either be: a) offering them one third of their £1500 to stop these proceedings along with a condition they mark the debt as satisfied for myself and Mr Tex or do we b) invite them to Discontinue Rob - it's funny you should mention that IM give the impression they have been advised by their client - I wouldn't put it past them to just churn these letters out without the knowledge of NW. I strongly feel that IM have screwed up so many times through this case and mine previously that they are trying to salvage something before (perhaps) throwing in the towel (but then again - it could be wishful thinking on my behalf ) Tex x:)x
  16. Hi Caro, The letter said Without Prejudice Save as to Costs. Tex x:)x
  17. Dear Andydd Thanks for your kind words - yes I completely agree the legal systems/Judges leave a lot to be desired! We have certainly had our fair share of injustice! Kind regards, Tex x:)x
  18. Dear all, It has been some time since I posted on my thread and would like to apologise to the readers who have supported myself and my family through this ongoing saga. There were several reasons as to why I/we decided to have a break from this thread and ultimately it gave us a chance to take stock of the situation and take some decisions ourselves. Whilst this forum is absolutely a gold-mine of information and the support on here has been super, there have been some unfortunate errors in the advice offered. However, I will take accountability for all the advice given as ultimately it was my choice to proceed with the advice given and whilst on many occasions it worked to our favour and on other occasions it didn't. I have decided to come back with a better understanding and appreciation that whilst this has never been about shirking our responsibilities, it is now becoming more and more about the principle of the point. If anyone is still happy to help us, it would always be appreciated The last information I gave was my husband and I were due in court for a hearing on March 13th. There was the element of my costs and for Mr Tex's Allocations Hearing. Unfortunately, I did not get awarded my costs due to the fact the wrong claim number was on the paperwork (- for future reference, anyone pursuing costs following a discontinuance must use the claim number relating to the discontinuance, not any other subsequent claim regardless of its relationship to the first claim) The DJ was unaware we were supposed to have the time for the Allocation Hearing and was very annoyed this was the case. As such he literally agreed it should go to fast track without any regard to the fact IM had not applied payments to the outstanding amount which could have brought this under the £5000 mark and into a Small Claims. Since then, we were sent a timetable of activities from the Court which included supplying to IM bank statements to prove we had made payments relating to the 'missing money.' We submitted all the information to IM using the Standard Disclosure of Documents list. We waited patiently to receive IM's list. Nothing came. Instead I received a letter from IM asking me for my permission so that IM could use information from our joint account to use within their case against Mr Tex. Errrr..... NO! I replied back to IM refusing to give my permission. The date for receiving their Standard Documents of Disclosure came and went which in effect had a knock-on effect to the timetable set by the court. This forced us to use the N244 form to have the case struck out due to non-compliance of the order. The Courts gave IM another 3 weeks to send us this information. They had to supply the information by Monday 11th June, 4pm or the case was going to be struck out. During this time, Mr Tex received a letter from IM saying their client (NW) had reduced the balance (obviously they had reduced the 'alleged' balance with the proof of payments they had received from us). We then received another letter from IM saying they if we paid them £1500 they would accept this as full and final settlement. Sneakily this had to be agreed yesterday, before the Strike Out date of Monday 11th June. Due to several reasons, one being my MIL is back in hospital, we have not replied back to IM. As such this morning, we received their Standard Disclosure of Documents which is confusing to say the least! The accompanying letter with the standard disclosure by list reads they find it (our standard of disclosure documents) woefully inadequate and refer us to CPR part 31. In particular, they have stated we will have documents in possession even it there are no longer available and want a supplemental list. We had also made a 'Request for Further Information' which included: - Full statement of account from when the accounts were active to the point of termination (indicating precise dates); - To include in each period (monthly, quarterly, annually) any notices of variation to the accounts; - A signed agreement to charges for the term and interest applied thereon; A sight of balance of account number xxx at the time the Defendant joined the account along with authority for joint and several liability to any account balance prior to his joining; - A facility letter and any/all letters of variation for the period the account was active. Needless to say IM were not having any of this, stating these do not form part of any trial bundle and this request is simply to waste their time and is a 'fishing' exercise. IM continue to state these documents are not relevant to the issues as they relate to accounts held by another customer of the Claimant (err, yes that would be me because it was a joint account) and the Claimant does not have authority from any other customer to discuss those accounts with Mr Tex. They conclude their letter saying they do not agree to those documents being included in any agreed bundle for use of the Judge at trial. As such our Part 18 Request/Response will need to be redacted. IM state if we disagree we need to make an application to court, but IM trust it will not be necessary. This is what IM put down for their Standard Disclosure: IM Standard disclosure: They have ticked the following statements/boxes X - Did not search for documents pre-dating 2004 X -In categories other than those required by CPR Part 31.6 X- I have not permitted inspection of documents within the category or class of documents (as set out below) required to be disclosed under Rule 31... on the grounds that to do so would be disproportionate to the issues in the case... Terms and conditions applicable to account ..... for various dates from 2004 to date They have attached a Schedule 1 (documents they do not object to being inspected), Schedule 2 (documents listed but they do object to being inspected) and Schedule 3 (documents listed but no longer in their control). I will scan these in to show what they each are. So to summarise, it would appear they are pressing ahead with the claim, despite the fact they have gone ahead and reduced the balance without the courts knowledge and not changed the amount on the original POC. Due to the fact I have not given them my permission, we have a catch-22 situation developing due to the fact this is a joint account. I hope this has helped my readers who are also going through a tough time with NW and hope our experiences can help you. With warm regards, Tex x:)x
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