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WelshMam2009 last won the day on September 12 2009

WelshMam2009 had the most liked content!


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  1. Lol I've had those as well. As others have said, IGNORE THEM! You appear to be several months behind me, in terms of these letters, but it's all automated. In fact, I haven't heard from them in quite a while now. Just hold your nerve and all should be fine. Best wishes.
  2. This is the exact same letter that I received from them a couple of months ago. They issued a claim, I submitted a defence and the claim has been stayed for almost 3 years, but not discontinued. I'm pretty sure that I never signed a new credit agreement when I did a balance transfer in 2003 with Lloyds. I found the heading to the letter misleading, as they have already commenced legal proceedings. They've also added the court costs to the total that I owe them! I've ignored the letter and not heard from them since. As has already been said, they have two options: apply to lift the stay or discontinue the claim. Don't let them panic you. I appreciate it's a lot of money, but if they had an enforceable agreement, they would have lifted the stay by now. Take care and my very best wishes to your wife.
  3. I don't think that's strictly true, but am happy to be corrected. Whilst there is no facility for digital attachments, MCOL does allow particulars to be served separately on the Defendant. All they have to do is tick the box which says that further particulars will be supplied to the defendant.
  4. As Andy has already replied , you will automatically get a CCJ unless you defend this. As I have seen many times, they are hoping to intimidate borrowers and obtain judgement in default . I hear what you say about your husband finding out, but you really have nothing to lose Myfamily now that proceedings have been issued. You will strengthen your bargaining position if you log into MCOL and tick the defend all box. Also send off a CCA request asap. Lowells will no doubt have purchased this debt for x pence in the pound. Hence, you may find them willing to offer you a significantly reduced sum to settle. But please, please, do enter your intention to defend. You can always negotiate a settlement at a later date, without the need for this to go to court. The sum is so small, that Lowells will not want to spend hundreds of pounds on legal fees that they will not recover. Use this to your advantage but you must defend to have any hope of avoiding a CCJ.
  5. How do they charge for this if you have cancelled your account with them? I am concerned as I switched last year but still kept my BT email address. Wasn't aware that I was paying for this. Is it via my new service provider?
  6. This is not the correct address CitB. This is a private firm who are not affiliated with Land Registry and charge way over the odds for the same servce. The official address is https://eservices.landregistry.gov.uk/ I searched my property last week and it cost £3 for the title deeds and a further £3 if you wanted a plan (optional). Hope this helps.
  7. What about the implications as regards the court claim stopping the clock as regards reaching statue barred status though? Shouldn't there be an expiry date for stayed claims? How many years can a claim be left as stayed? It doesn't seem right that the threat of court proceedings is left hanging over your head, with the potential for the claim to resurrect itself several years down the line.
  8. If it's any consolation 2streteched, I received a claim form from Cabot last year, for a Lloyds credit card which was taken out at a similar time to yourself. To date, I have not received any paperwork from them and the claim is presently stayed. These companies rely on people being intimidated by the court process and failing to acknowledge or file a defence. They want default judgements. Your defence will be pretty generic and you will put the claimant to strict proof to demonstrate that you entered into an agreement with them. I guarantee that you won't receive a copy of any agreement before the defence filing deadline. What you will receive is a letter from Cabot telling you that they have contacted the original creditor and will respond within 40 days (clearly ignorant of CCA and SAR prescribed deadlines!) Search through the threads as there are plenty of examples of defences that you can tailor to suit your needs. You do need to get a move on though as, by my reckoning, your defence has to be submitted by no later than Friday of this week.
  9. Debts normally disappear from your credit file 6 years after default date, not last payment. I would be inclined to write back disputing the payments and ask for further information so that you can investigate their claim. However, you do need to be proactive and try and track down your bank or credit card statements for the payment months shown. If you don't have these, then ring your bank/credit card company and ask for copies. There may be a fee payable but it could prove your case, one way or another. Best of luck!
  10. Are there any closed accounts on Noddle that correspond to the same date? Is the Citi card debt shown on there?
  11. It is not unheard of for phantom payments to appear. How did you normally pay them? Do you have any bank statements that you can go through to check for these sums? Another thought is whether or not you reclaimed PPI and if it was credited directly to the account. If you dispute the payments were made, then the claimant will need to come up with some more convincing evidence than this screen printout
  12. As you've discovered, a 'stayed' claim can be 'unstayed' at a later date. The claim was never withdrawn by Hillesden and merely remained dormant. As you never filed any acknowledgment or service, or subsequent defence, Hillesden now have an uncontested judgment against you. I personally would be filing paperwork for the judgment to be set-aside. If you are on certain benefits, I believe that you can get financial assistance with the fee. However, please be guided by the Site Team, as they are more knowledgeable than myself, as regards such matters. Best of luck with this!
  13. It sounds as if they have received judgement in default. Did you file an acknowledgement of service to the court, indicating your intention to defend all? This would have been prior to any defence.
  14. Please excuse my ignorance, but can I just ask, regarding the costs issue, is this something you negotiated with their solicitors CWK? Also, does a Tomlin Order preclude a later application for a Charging Order against a property, or is this possibility always a risk?
  15. Hi Ajjars...you seem to be getting yourself in a real pickle here! Have you spoken to your son about this yet? Timing is critical as HE only has a limited amount of time to acknowledge the claim. As has already been suggested, I would advise YOUR SON, to do the following: 1. File AOS online stating his intention to defend the claim 2. CCA request to Lowells 3. CPR 31.14 request to Carter's In stating that the claim will be defended, it may strengthen your son's negotiating position. Going to court, or issuing new proceedings, will only result in additional costs for the claimant, on what is a relatively small sum of money. The worst scenario (ignoring your relationship with your son) is that the claimant wins, and a CCJ is awarded. However, if this is settled within 30 days, and you use your boiler money to pay, then this won't be registered against your son. By the way, your son's credit history will not be 'perfect' as I am sure that the catalogue debt will be recorded on his file. Best of luck with this and keep calm!
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