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Everything posted by out_of_the_red

  1. Ok thanks Andy I will scan a copy tomorrow and post up if you could take a look for me
  2. Hi everyone, Firstly I really must apologise for not updating on this sooner. As expected they discontinued the claim! What a huge relief that was and I honestly cannot thank you all enough for your help through this.....especially considering how patient Andy was! One condition of them discontinuing the claim was that I would not go after them for anything. So my question is, does this mean I can't now claim for PPI from MBNA? I'm guessing that the PPI is direct with MBNA so I can start the process but if someone could please advise, thank you
  3. So basically as soon as I sign this letter and the consent is sealed by the court this six years has begun all over again.....sheesh! Feels like it'll never go away. I guess the one positive is that it will drop off the credit file at six years, which should be now, and hopefully my credit will start to improve
  4. I'm so sorry I'm struggling to understand this statute barred part. When you say the consent is sealed by the court is this something that has already happened? Sorry for being stupid about this! I just need to understand if my credit is going to improve and if anyone else can now go after for me for this debt? If my understanding is correct it sounds like someone can
  5. HI Andy, I am going to return the letter to them unsigned asking for an amended copy with my name in the body. Fortunately for me the debt was statute barred in May I think, will check the paperwork though. Can I please ask if the debt is statue barred 6 years and two months from the date of the last payment? When it does meet the 6th anniversary does it simply drop off my credit report? I'm too scared to look at it just now! I had read that debt collection companies can register the debt each time it is bought, is that correct? If so there could be loads of entries for just this one
  6. Good morning all. Well I received the attached letter on Friday....did I win?? Please note the wrong name of a Mr Kevin Phipps in the middle of the paperwork but all the rest has been addressed to me. They are asking me to sign this but nowhere does it state they will not sell the debt on or keep registering it against my credit file. Can I ask for these to be put in?
  7. Hi all, Could someone please help me with the next steps? My deadline is 9th June and I'd totally forgotten! I need to send signed statements of myself and any witnesses I intend to rely on. What is this? Is there a standard form? I've heard nothing from Aktiv Kapital since the letter above
  8. Hi, yes they've given me everything I requested. Load of nothing just some copies of statements, which were the last two sent by MBNA, some correspondence and the unsigned credit agreement. They don't need to provide the witness statements until June
  9. Good morning everyone. I received the attached letter last week and the below email yesterday. Could anyone please advise what I should take from this? It seems they still wish to move forward with taking me to court despite having no signed credit agreement. Can they still pursue court if they do not have a signed credit agreement? They also keep asking me to accept their proposal of £6k to clear the debt now....not a chance! I also do not want them to contact me by email and want everything in writing, do I just email them back saying this? "Without Preju
  10. Afternoon everyone. Whilst I know the paperwork they have has little to no value I would still like copies of whatever I can get. Could you please advise if there is a certain form I should use to request it or just write a letter?
  11. So I'm a little more prepped for the next stage could someone please advise what form I should use to request the documents? Also would it be best just to request copies of everything they have? Can't see the harm in it
  12. That sounds good! From the disclosure of documents it doesn't sound like they have anything they can rely on in court or am I mistaken?
  13. Good morning everyone. I received the attached letters yesterday. Could you please have a look and advise what I need to do from here? [ATTACH]57101[/ATTACH][ATTACH]57100[/ATTACH]
  14. Andy would you please mind checking this is completed correctly. I've left off case number etc. [ATTACH]57083[/ATTACH]
  15. Thank you Andy. I didn't know I had to use this form, it wasn't enclosed with the court directions
  16. So do I not need to worry about the other three questions now? I thought they had to be done by the dates stated. I just want to address this now so I know I get it right Andy, could I please just clarify that I list what I will be submitting as my defence being my correspondence asking them for the CPR 31.14 and Section 78 request. Do I state they have still yet to reply? Do I need to include copies of the original requests? So sorry for so many quetsions
  17. Good morning everyone. I have just dropped in my defence from the original MCOL filing, could someone confirm that the sections I have highlighted below are those that I should be asking for proof of in my standard disclosure? Also is it ok to copy this as a list into the document asking for the proof supporting my defence? "The claimant claims the sum of 13,xxx for debt and interest. 1. On xx.09.1997 the defendant entered into an agreement with MBNA for a credit card under reference4129xxx. 2. On xx.08.2009 the defendant defaulted on the agreement with an outstanding balanc
  18. Is it literally just a list or copies of the documents I want to submit to support my defence?
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