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Indebt1

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  1. On the N244 form there is a box asking "what order are you asking the court to make and why" so i enter the following? I am requesting to set aside the judgment dated th Febuary 2019 for claim number xxxxx pursuant to CPR13 as there has been a procedural error by the court, as we have posted all the requested documents and am attaching the postal reciept and tracking.
  2. Thank you Andy, would you suggest that i still enclose the check payment?
  3. There was alot of paperwork to go with it and i couldnt locate my logins, so i just sent through by recorded delivery and tracked and saw that it was signed for by the court and "assumed" all was ok. N244 costs around £250 to file and this is clearly a court error, so is there anything to do there?
  4. Hi All I let out some rooms last year and had a tenant move out with out any notice and the tenant requested the deposit returned, this went to the Tenancy dispute service who had registered the deposit and they found in my favour and advised the tenant that this was legally binding as they had agreed to arbitration. The tenant went and filed a county court claim which i responded to straight away and within the given time, send by recorded delivery and heard nothing more, around six months later (this week) i received a letter advising judgment for the claimant as " no acknowledgement of service had been filed" with an advice that costs will be determined in due course . The case has no merit and they haven't acknowledged receipt of my defence and AOS , so is N244 the only way? Any help will be most appreciated.
  5. I wonder would the following make sense? as this is a family vehicle i am unsure who was driving the vehicle at the time of the said breach , therefore am unsure who entered or accepted this contract with PE so unless you can provide any further info......
  6. Indebt1

    Mbna CCA,

    Arrow global have now transferred the account to Rockwell who are starting to hound me.... how do i get them to back of? DO i CCA request from Rockwell or Arrow? or do i advise that the debt is unenforcable they know that already? try again for Settlement as MBNA rejected offer last time? i havent made any payments since the default. as always any help is most appreciated!
  7. Wow Citizen B thanks again for the fast replies.. I think I am going to take a deep breath and wait for other responses about the set aside situation. In my previous post I was debating to try and settle not go into a payment arrangement, but I guess they may not go for that and interpret as a sign of weakness. Anyway I will await further replies and want to thank you again for your help.
  8. I have another letter asking me to contact before 7th Nov to arrange a payment solution or they go for bankruptcy proceedings, is this the norm has anyone settled with a discount at this point? feeling so jittery trying not to panic!
  9. on another note could i just call and try to make a 10-20% settlement or would this be interpreted as a sign of weakness?
  10. HI CB i cant believe i missed that in the T&C's the date, if they terminated early they anyway invalidated the whole DN therefore the SD can be set aside as the debt is in dispute/non enforceable? i didn't have the T&C's on the original application form and they are trying to botch it quite badly. When i started this thread i had no equity as was mortgaged to the hilt but things have changed since and i now am deemed to have assets, i would look at getting the DCto back down quick and then trying to settle once i can convince them they have no case. i am really impressed with the way you work out the dates..... am hoping to go the court tomorrow with the replies and get this over and done with.....
  11. Hi CB 1.on page 6 of the thread i have posted the DN and the termination letter , DN letter gave me till 12th Jan to comply, termination letter is dated 4th Jan. 2.the CCA is a reconstruction and in my view did not have the T&C's on the back although i am not sure how relevant this is in todays day and age 3. outstanding balance at time of default letter was £8555 the default registered was for £9.6k. 4. i did make a settlement offer to Halifax at one point and I didnt properly fight the CCA or put the account into dispute. what would be the best way to fight this with this info? Thanks for coming to my assistance so fast.
  12. Any of the Legal Gurus around? i would love to respond and get this shoved straight back down their throats....
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