Lilly_22
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Everything posted by Lilly_22
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I asked for documents... they did not reply and then I sent reminder... no reply. I want to submit defence that they have not supplied any docs to prove anything/dismiss/strikeout case. I wanted to ask you if this would go as defence statement or I need to fill a form etc. The claim is through CCBS Northampton.
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Thanks dx100uk. The wording on POC is: "The Claimant's claim for the sum of XXXX being the monies due from the defendant to the claimant under the current accounts agreement regulated by the consumer credit act 1974 between the defendant and the 'bank name' under account reference XXXXXXXXXXXXXXXXXXX and assigned to the Claimant on dd/mm/.yy notice of which has been given to defendant. The defendant failed to maintain the contractual payment under the term of agreement and defailt notice has been served an not complied with. The claim also includes statrutory interest of 8%...... .... from the date of assignment." I don't know anything about CRa file. Wouln't know where to get one from. Sorry for being thick.
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Received letter from BRW Legal demanding payment on a current account. I wrote back sayhing I have never had this account. They never replied instead sent claim through CCBC for full amount plus costs and interest. Form says Current account agreement regulated by the comsumer act 1974. I have acknowledged the receipt of the claim. What should I ask BW to provide or what can I.
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Thanks citizenB for your reply. CCA request was made to MBNA about 3 years ago - no response - A/C in dispute etc. MBNA's Default Notice dated 14th July 2009 for full payment by 31st July 2009. Earlier in 2012, I received letter from MBNA that they were selling the debt to Britania Recoveries (BR) and a letter from them that they had bought the debt. Wrote to BR to say A/C in dispute. Then after the normal templated responses ignoring my letters came the claim via N'ton Bulk Centre. I submitted defence to say 'not sufficient docs to me to file a proper defence' and sent CPR31.14. Nothing for a few months then this Tomlins Agreement for me to sign. Looks like the appn form is a Computer printout and my details and signature appear on a separate sheet A5 size photocopied with unrelated reference numbers. plus generic terms and 5 statements.
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Default notice came about 3 years ago. Since then everything has been silent. Then middle of last year MBNA wrote to say debt being sold to Britanica recoveries followed by letters from their DCAs. And then later last year claim through N'ton Bulk Centre. I submitted defense to say not enough evidence.. CCJ in error... set aside... sent CPR 31.14 request no reply for months and then these docs. I shall scan these in the morning.
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2 weeks ago I had the response from their solicitor to my CPR request. I have just finished reading through it. This is what they have sent: one page that looks like a typed up application, another half a page so called agreement with just my signature (it does have a reference number but it does not relate to anything) generic T&C, Tomlin's order for amount plus legal fees and statements for last 5 months that I never received. This is that account that MBNA were in default of my CCA request and hence in dispute. It looks like they continued to add interest but never sent me any statements. I am cheesed of with this whole fiasco. MBNA were silent for nearly 3 years then this. Any thoughts or advice on this??
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Thanks Andyorch for the quick response. I haven't received the notice from Northampton. The only thing I think I may have done wrong was to use the words 'My Statement' instead of my defense. Court wrote back saying I could pay £45 or agree with the other side for an extension to defense. I am scared of courts. Just spoken to Mailshot outfit and they say they got the information from CCJ register. Does that mean I have it and in case it does what can I do to fight it or set aside as the other side is still to respond to my CPR request. Thanks very much for your time.
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CPR 31.14 request sent. No response yet but it looks like Northampton has granted them default judgement as I received mailshot form a company offering to help with my CCJ. I wrote to the court that meaningful and particularized defense could not be submitted as we are awaiting claimant's response to our CPR request. How do I get it set aside?
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Bumping up - urgent. Can someone tell me what I should ask for on CPR31.14 based on Claim form stating: A credit card agreement made between MBNA and the card holder (D) D accrued balance #xxxx D defaulted on payments C issued formal demand requesting payment dated ddmmyyyy Amount now due from D #xxxx Thanks in advance
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It had no postmark and was pushed through the letterbox in the evening between 19:00 and 22:00. So, presumably someone came to the door. All it says is "I am on 'mobile no'" - Final Notice Call our rep and so on.
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I haven't had any communication from IQOR but last week I came home to find a card from they saying they called but got no answer and advised me to call a mobile number (no name or ref). I haven't and since Saturday they have been calling (did a check on WhoCallsMe) when I was out but left no message. Should I respond or would it be disturbing hornet's nest? Thanks in advance. Lilly
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