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Abby25 last won the day on August 26 2012

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  1. Just an update and thank you - restons have written to confirm claim DISCONTINUED by their client - court to be advised of same, with copy of discontinue instruction form enclosed . Thank you Andyorch x
  2. That's great, I'll complete by defence and submit it. I will keep the thread updated as and when anything further happens. You've been a great help, thank you so much for stopping by and helping me with this. Abby x
  3. M&S debt (preference account) - CCA Feb 2009 which produced an unenforceable application form, no terms et c - M&S were advised with no acknowledgment of debt from last activity in Feb 2009. Defaulted by M&S Oct 2009, which fell off my credit record Oct 2015. Debt was sold on by M&S in 2012 to Marlin, whom via Restons issued a court claim dated 2 December 2015, for the full amount. Sum is a little over £5k and is the same amount that the account was defaulted for back in 2009. I received the papers on 4 December 2015, I immediately acknowledged via MCOS, AOS submitted 4 Dec 2015 stating I intended to fully defend the claim. I intend to defend on basis the claim is statue barred - but need some help from you guys on how to construct and phrase my defence. Any and all comments and help greatly appreciated. Abby x
  4. Can i just give all sigma M&S peeps a shout ...and all those who recd letter addressed to the wrong person (albeit with the correct acct details !). PLEASE check your credit record with the agencies ( or a least callcredit - try noodle for a free account), as Sigma have recorded under "known by another name/alias", the name of the lady they addressed my orig letters too ... (noted they didn't get the partial claim papers name wrong though !) Anyhoo, I can only assume they've done this with everyone who suffered their "system error", even though its a fault from their end ... and I assume the lady whom recd her letter addressed to me, has her recorded alias as my name ... what a mess !! Anyhoo, you may want to have a check and raise a query withthem .... I've done this, waiting for them to get back to me. There are a few other errors in my record, whether this is just Callcredit being carp or what I dont' know, but I've raised 4 errors in total ... so make sure you have a thorough read and spot any probs !!! Here's the link to join ... https://www.noddle.co.uk/ Or try the normal sources/free trial periods ... Thought this was worth a heads up to everyone ... Abs x
  5. Thanks Andy, sorry my mis-understandng, I'll amend that right now- thank you. Does everything else look ok and seem reasonable to you ? If we approach the creditor first, should I send them a copy of the N244 etc, or would you suggest just constructing a letter saying that we will be applying for a set aside based on non-service, and what we believe to be a robust defence to the claim ? Thanks Abs xx
  6. Hi andy, I've tinkered again, and included in hubbys N244, that we (hubby) thinks non-service of the cliam is probably due to mis-directed mail, in that we have a road next to us that has an all but identical name, eg we are 15 acadia avenue and there is a 15 south acadia avenue, in the same postal district, ie AT9. Indeed over the yrs, mail has been mis-directed several times between the 2. So I've bobbed that in to hopefully support the "non-receipt" statement, which is absolutely true, we didn't receive the claim form, and the 1st we knew of this was the bloomin default judgment .... which I could scream about !!! Anyhoo, I've also amended the supplementary defence, removed all case law, and slotted in CPR 13.3 in my conclusion paragraph (thank your for that suggestion), so, could (when you have a min) take a quick peek at the attached, see what you think and if they are ready for submission ? (obv for submission, the reference to the address in the N244 ie acacia ave, will amended to reflect our correct address and that of the similar road namel) Your opinion - should we first send a copy to the Creditor to see if they will set aside without having to go through the courts, or is this very unlikely, and just bang it straight into the court for review ? Thanks Andy, your help is so very welcome and valued, and thanks for sticking in this with me ! (where HAS everyone gone ?) Abs xxxxxxx
  7. Yes ok thanks Andy I was going by Debs suggestion, in that case how does the N244 & supplementary defence I've already posted above stack up ? I need some helpful comment and assistance ...... where's everyone gone ? Abs xx
  8. Hi, Letter recd today from Keynes Collections. Letter reads ... "We write to remind you that Judgment was entered against you on 23 December 2013. A copy of the judgment has been sent to you under separate cover by the court. Please note that if you pay your Counrty Court Judgment in full within one month of the judgment date, it will be removed from the register, the credit reference agencies will be notified and they will remove details of the CCJ from your record. To contact us and discuss your account please call us on xxxxxxxx. Our opening times are, blah blah ". And thats it, should hubby initially go down the CPR 31.14 route, and send them the above letter I've posted for comment ? Or how would you recommend we proceed ? Abs x
  9. Following on from Debs post, would it be better to see what evidence they have before going down the N244 route ? I've tinkered with the cpr 31.14 to try and fit the situ, and would welcome thoughts on whether this is the best initial route, and whether the tinkering I've done is ok ?
  10. Ok .. hurrah ... thanks Andy ... Court forms have arrived today by 1st class mail. They have included a copy of the POC which are as follows .... "The Claimant claims the sum of £xxxxxx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Nationwide. The Defendant's account number was xxxxxxxx and was assigned to the Claimant on 10/10/2011, notice of this has been provided to the Defandant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £xxxxxxxx and costs. The Claimant has complied , as far as is necessary, with the pre-action practice direction" So, now we know the actual POCs can you advise if the attached N244 (plus supplementary defence page) I have compiled is decent enough ? I would also add that in respect of the prescribed heading issue, the only place within the agreement that the CCA74 is mentioned, is within the signature box (above where the debtor signs), which is just about at the bottom of the document, and after 2 large paragraphs only discussing "use of key information" and "Credit reference and fraud protection clauses " ie no prescribed terms ... and simply states "this is an agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by the terms" ... which AFAIK doesn't satisfy the prescribed format and heading requirements as clearly laid down in the Act eg it has to be at the heading of the agreement. The whole agreement as I say is also pretty illegible and must be in size 2 or 3 font (I'll try and scan up later). All comments, suggested amendments, changes, welcome Many thanks guys
  11. Hi all, I've now recd the POC for hubbys claim - is anyone interested and able to assist on this ? Abby
  12. Ok thanks, the form is very ambiguous if its from experience that he'll have to attend. I'll get him to ring the court tomorrow to clarify his position.... However many thanks for your input on attendance and guidance that he have to actually sign the N244 himself ..... Help on completing the N244 would be beneficial Abs x
  13. Right, so could you clear up if he does have to attend on his n244 submission or not ? abs
  14. Yes, of course, and the claim form is of course being completed from his perspective. N244 form does say whether you wish to attend a hearing or not - so unclear if they give a choice, if its mandatory - maybe he would be best checking with the court.
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