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Everything posted by Abby25

  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 MC
  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
  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 ..
  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 ".
  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
  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.
  15. Hi Debs ... some great points and guidance .. thank you x Yes, I agree very odd re the claim form. The judgement was dated 23 Dec, and recd 30 Dec, and again just said by normal mail (ie not recorded/special delivery etc). As soon as it arrived, my hubby rang and spoke to the callcentre at Northampton, the lady he spoke to was very pleasant, and said not to worry, she would send out the relevant forms and it would be tsfd to a local court, at no charge. So, Debs, I (well he) starts off stating why no AOS or defence was submitted. That he would have defend if recd, and include
  16. Andy, do I cut and paste salient dispute points in my letter (but adding the errant DN), or what would you suggest?
  17. So, is there any help at all you can give to the thread ganymede ? As very appreciated if you can. Abs
  18. Here's the last letter of dispute to the last dca .. i've removed all personal details ...
  19. Thanks Andy, from the points I've noted, are they a decent defence, considering that NWide failed to address any of them, and passed onto several DCAs.
  20. Well unless the item was sent recorded or special delivery they can't prove receipt - so therefore are unable to rely upon receipt (and no action taken by the defendant) as a FACTUAL event in any basis of refusal re any set-aside request. The case in this matter, is the POC were not recd by hubby - and as already discussed there would be no actual benefit to have recd and ignored, which would be presented to the court. Abs x
  21. Thanks Andy ..... I'm going to look for some old examples of construction for similar cases, and maybe you guys could give it the once over for me ... Abs x
  22. So, if you've not had a chance to defend, the judgement stands regardless ? For clarity, is that based on experience/knowledge or assumptive ? TNT was used to deliver my own POC for a M&S card - so you learn something new I suppose ... '
  23. Happy New Year all !! Thanks GANYMEDE for your post, but considering there would be absolutely no personal gain whatsoever in receiving the POC and ignoring them, due to possible automatic judgement if he went this route, it would be v difficult to see and argue that my hubby did receive but chose not to action (which he didn't), also they were sent out by TNT (as was his judgement) which is rather dubious for court papers IMHO in anyevent, and given that my hubby has now recd automatic judgement and we're trying to fight it - but thanks for the comments on a possible issue. Anyhoo
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