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BlueBox

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About BlueBox

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  1. For those doubting that my defense would be successful, the claim has been withdrawn with my expenses paid. Should add that it has taken this last 12 months to get to that stage. PM me if you have a similar claim and want to know more.
  2. Do they look at every post on here? Surely they would expect to be challenged on those things in any case? Guess it will just have to rest on the facts then.
  3. !!! didn't think it would be that finely cut - glad you didn't suggest that earlier. Next stage might be more of a challenge.
  4. Well the hearing wasn't too bad. Their advocate and I had a quick meeting beforehand and he asked if I'd like to withdraw the application. Equally, I offered him the opportunity to withdraw the whole claim (although I don't think he had been instructed to consider that). Without any clear conclusion, we agreed to disagree and went in to hearing. The judge ruled that their letter before action was adequate (disappointing) but that my application for documents and request to extend time for defence was not frivolous or vexatious (ie not a waste of time). Because Restons had sent the documen
  5. Sorry, the N244 order was to strike out unless the documents were provided.
  6. The N244 requested the agreement and the notice of assignment. I omitted the default notice since it was only alluded to not specifically mentioned. In February I eventually received an illegible signature form (1/3 A4, terms on both sides) and a Notice of Assignment sent to an address I'd not been at for 30 months. Unfortunately my opportunity to apply for a quick strike out was messed up by Exeter misplacing the paperwork. I have had to submit a witness statement now in order for the judge to have any chance of seeing it before the hearing - tomorrow! It's been allocated 30 minutes and
  7. Case details are: Name of the Claimant ? Arrow Global Date of issue – 24 November 2014 What is the claim for – the reason they have issued the claim? The Claimant claims payment on the overdue balance due from the Defendant(s) under a contract between the Defendants and MBNA dated on or about Oct 06 2000 and assigned to the Claimant on Nov 29 2012 in the sum of (amount between £5,000-9,999) What is the value of the claim? Between £5,000 and £10,000 (specific value given in claim) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone a
  8. OK but I could still really do with some input on how to handle this please. I only have Tuesday to do anything useful. Can the court really use this hearing to pass judgement on the case? There are other challenges to the validity of the claim such as the Default Notice which wanted payment of the whole amount rather than just arrears. They have chosen to not explicitly mention that in the PoC, so hard to get them to disclose that. Presume I would have to disclose my copy if I want to pursue that route (assuming I can locate it) Thanks
  9. Thanks for reply on Bank Holiday, Andy. I was following the processed suggested by pt2537 to apply for documents before defence. Perhaps I've misunderstood but this has worked on two previous occasions where the documents were not provided and the cases were struck out with my LiP costs awarded. Those were both dealt with entirely at Northampton without a hearing and on neither occasion did I file a defence. The difference this time is that it's been transferred to the local court with a hearing. I did not think this hearing would be for the actual claim, just whether Rest
  10. I received a claim from Restons back in December 14. I immediately sent a CPR 31.14 request for the agreement, default notice and assignment. We had a bit of to and fro while they claimed I didn't need the documents to file a defence. So I filed an N244 application for disclosure. Rather than raise the order at Northampton,they transferred the case to my local court. In the meantime, Restons sent an illegible short form agreement. The order is now subject to a hearing this week and I have just received a pile of documents from Restons stating why they
  11. Here's an update just to close this one off. The original debt was on a credit card and 'consolidated' unilaterally by HSBC into a joint account. I asked for the original CC agreement which was not forthcoming, so filed N244 order to force the matter. They sent the same pile of paperwork to court but not the agreement. Warning here - don't expect the court to actually check that any documents provided are the ones required to comply with the order. Once I told them the agreement wasn't there, they got a district judge to review it and he struck out the case. I applied to
  12. You'll find the number for HL on the claim form is not correct to get to the right person if you want to follow up by phone. You will probably need 01527 586548.
  13. Send a CPR 31.14 request HL Legal to get a copy of the overdraft agreement and notice of assignment from HSBC. See stickes in this forum for info on 31.14 letters. Make sure you understand and amend letter to suit circumstances.
  14. Thanks Andy - I've had a look through those. Couldn't find anything that matched my situation. The claim is for the full balance - not one of the £299 specials. Bit of background on this . . . The original account was a credit card in my name only which was defaulted. I also had a First Direct joint account with my other half. The overdraft was paid off but First Direct / HSBC then moved the card balance to the current account and then on to a new consolidation account (ie different a/c number to joint account). They didn't tell me they were doing this and have never sent any terms for
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