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About Marino13

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  1. I think that is exactly the difference, having re-read a little more. It’s 6 years from breaching the order, rather than from being issued. Ah well. Payments to be resumed, with or without the agreement.
  2. It was for just one debt. I understand about statute barred, this is about a recent ruling. This is a link about it https://www.farleys.com/enforcement-of-tomlin-order-subject-to-six-year-limitation-period/ it seems to say that a Tomlin Order comes under contract law and subject to certain limitations, such as a 6 year limit. Just wondered if anyone knew anymore
  3. Hi all. Some time ago I entered into a Consent Order to repay debts. I was not entirely happy about it at the time, but it seemed the best solution fighting as I was on various fronts with debts. many years later I have been reviewing these agreements, and I contacted the current DCA asking for a copy of my agreement. They said they were under no obligation to provide one. I said I would withhold the next months money until they did, and they responded by saying they would take me back to Court to enforce the Consent Order for the whole amount owing. That’s after a decade of not missing a payment! Does anyone know if a Consent Order overrides the need for a DCA to produce an agreement? Also, the Consent Order is now over a decade old, and I recently read that limitation on enforcement of Tomlin/Consent Orders was 6 years, is this correct? Are the DCA bluffing because they can’t find agreement? Any advice or insights gratefully received.
  4. Barclays have form it seems. They seem to have been lax in applying the DN but I am still confused as to why removing the default would be a bad thing? As I have neither paid nor acknowledged the debt for over 6 years now it cannot be enforced, but as things stand I would still have over a year to go before the default(s) fall off my credit report, not obviously I am happy about. Why would the account remain on the record even longer if they removed the default, as the default of account actually occurred in Feb 2010? Barclays logic here escapes me, so I thought I was missing something.
  5. Thanks for the quick reply! My last payment to the account was Feb 2010 I'm reasonably sure, DN issued in Nov 2010. The account fell into arrears from Feb 2010 onwards, as I refused to pay while the dispute was ongoing. Dispute was never resolved. After a failure to agree, Mercers sent a couple of letters then a bit later MKDP bought the account.
  6. Hi all, Have what I think a slightly odd situation with Barclays at the moment, appreciate anyone's thoughts. Years back I got into a dispute with Barclaycard, that ended with me being issued with a Default in December 2010. They then sold on the account to MKDP not long after, who hounded me for years, took me to court, but I saw them off. I recently checked my credit report and noticed that this same account had had all this time 2 defaults registered against my name, by both Barclays and MKDP. MKDP registered their default 30 days after Barclays, who did theirs 7 months after the Default Notice, so there was obviously an overlap of some kind. Naturally I complained to the credit ref agencies who said they could do nothing, so I complained directly to Barclays. They upheld my complaint, but their response still puzzles me. I'll quote:- '...I have been unable to locate any record of a formal demand being issued to you. In view of this we can arrange for the default to be fully removed, however we would have to replace the default data. As your account has been in arrears since that time, this is what would be reported. The default will be removed 6 years from the date it was registered, however if we remove this the account would remain on your credit file 6 years from the date it was settled. This could mean that it would impact you for longer.' Are they saying that yes, we messed up but ironically if we sort it out you will be even worse off? if the default is removed how can that make things worse? when would the 'settled' date be, when it was sold on to MKDP? bit confused by this one. Barclays have offered to change the date to match the (later) date of MKDP so only one default should show (not even sure if that would work). Any thoughts welcome. I'll decide if I should just let it run its course, or choose to pursue further. Thanks in advance.
  7. Thanks for the replies everyone. The Mould and DonkeyB, I plan to bring up as strongly as I can that they failed to supply any documents to me at all, even failed to respond to several letters and requests. That is not an 'administrative error', and I hope the DJ is sensible enough to see that. They failed to follow procedures, and to reinstate their claim, with no call on them to do anything, would be extremely unfair to my side. I would ask the DJ that the claim be reinstated on the basis that they supply the docs referred to within their POC's within 14 days, or it be struck out/ not allowed to proceed. I can take along supporting letters etc to show the timeline with them. Seems to me to be a reasonable request considering their behaviour.
  8. I did cover the start of all this in a thread several months back, which I've just found again. A certain andyorch was helping me too then...! the POC and my eventual 'embarrassed' defence are both in there. Nothing further was heard until a couple of days ago... http://www.consumeractiongroup.co.uk/forum/showthread.php?383070-Hi-all-appreciate-any-thoughts-on-this-court-claim...
  9. Thanks for the input Andy. Do you think the stay will be lifted regardless? Would the DJ not consider lifting only on condition the CPR requests are met? As I said earlier, the fact they have returned again makes me think they have cobbled together at least a few bits and bobs, which I was going to ask about. Do you think it better to leave that to later? ( as you say, I doubt the DJ will object to lifting the stay so I will have to defend properly then). My previous defence had just been a basic embarrassed one, which I was surprised they never responded to
  10. Hi The Mould, That's a great and extremely helpful reply, thanks. Luckily the date set isn't until late October, so plenty of time to get my response in. I did indeed make those requests, which they defaulted on, and did plan on making that point to the DJ, either in written form or in person. I was going to ask that the stay only be lifted if they supplied the documents I requested under the CPR guidelines. Your reply has confirmed what I was planning to do is the right thing, so thanks!
  11. Thanks for the reply. Wasn't sure if I defended it in the traditional sense. I assume the DJ will allow the application whatever I do, and just expect me to defend again, as I originally did. I was wondering if I could just submit a written statement asking that if their application is allowed, could it be subject to them supplying the required documents within 14 days, something like that. They've had several months after all, and I suspect the reason they've reappeared is they have at least some bits of paper they feel may be enough.
  12. Hi all, been off quietly dealing with life, and various creditors (recently had a nice win against Barclays) but have been having trouble with one creditor. I received a Northampton bulk centre form back in Feb, and I submitted an 'embarrassed' defence, requesting certain docs be sent to me. They never were, and things went quiet. I assumed I had scared them off. Well, a couple of days ago I received a 'Notice of Hearing of Application', to be heard in my local court. Attached was a photocopy of the 'Application notice', when back in July the creditor had applied for an order to lift the stay, without a hearing. I assume the court officer was the one that ordered there WOULD be a hearing? The flimsily claim that due to an 'administrative error' they did not respond in time (which, as you suspect, is absolute rubbish. They had weeks to reply to both the court and to my personal letters, and chose to respond to none) and now wish to file an AQ/ Directions. Now, is this hearing something I need to attend? is it between the claimant and the judge to decide? Could I submit a written objection? Not familiar with this at all so would appreciate the help of anyone who is up to speed. To my mind, the original problem remains, they failed to supply any of the docs I requested and I asked if they could not for the case to be thrown out. Should I make the same requests again, or keep my powder dry? As I say, any help/ direction/ advice on what to send would be gratefully received.
  13. Not just yet. I am making full payments plus a little extra for April and May, and hope during that period to sell mother in laws property,which can easily clear arrears.They do know all this!
  14. Hi Ell-enn, it was a letter from their solicitors giving me 15 days, after which they 'anticipate' being instructed to commence legal proceedings. Think this could just be a warning shot from them?
  15. happy weekend all, just bumping my post up to see if anyone has any thoughts, advice, pointers.... ta.
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