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out_of_the_red

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Posts posted by out_of_the_red

  1. 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! :humble:

     

     

    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

  2. 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 debt

  3. 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 Prejudice

     

    We note from our records that we have not received a response to ourwithout prejudice correspondence dated 27 April 2015.

    In the circumstances we can only infer from your failure to respond to our offer that it is rejected

     

     

    .If you wish to discuss a settlement proposal please contact the writer onher direct dial below,

    otherwise we shall continue to proceed with legal action where the parties are subject to a risk on costs."

    ]

  4. 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

  5. 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 balance of 10,xxx.

    3. On xx.09.2009 the debt of 10,xxx was assigned to Varde Investments(Ireland) Ltd, who itself assigned the debt to Aktiv Kapital Portfolio AS ZugBrand on xx.03.2012.

    4. Notices of assignment were sent to the defendant in accordance with s136 Lawof Property Act 1925.

     

    And the claimant claims

    1. The sum of 10,xxx

    2. Staututory interest pursuant to Section 69 of the County Courts Act 1984 ata rate of 8.00% per annum from 3.3.12 to 17.10.14 2,309.58 and thereafter at adaily rate of 2.41 until judgement or sooner payment

     

     

    Defence

     

    1. The Defendant contends that the particulars of claim are vague and genericin nature. The Defendant accordingly sets out its case below and relies on CPRr 16.5 (3) in relation to any particular allegation to which a specificresponse has not been made.

     

    2. Paragraph 1 is denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has refused to disclose any agreement/s or statements on which its claim relies upon.

     

    3. I am unaware of any legal assignment/s the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

     

    On receipt of this claim I requested information pertaining to this claim byway of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 10.11.2014 .To date I have had no response.

     

    On receipt of this claim I requested information pertaining to this claim byway of a Section 78 request/s. I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

     

    Therefore with the courts permission the Claimant is put to strict proof to:

     

    (a)Show and disclose how the Defendant has entered into an agreement(s); and

     

    (b) Show and disclose how the Claimant has reached the amount(s) claimed for;

     

    © Show how the agreement(s) were breached/ terminated to allow the claimantrelief.

     

    (d) Show how the Claimant has the legal right, either under statute or equityto issue a claim;

     

    4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

     

    5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the consumer crediticon Act1974.

     

    6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief"

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