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Mr Spoon

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Everything posted by Mr Spoon

  1. Thanks Andy, well done to you. As per my last entry is there anything to be done now? Should I write to PRA and tell them to leave me alone, or head back to court? I envisage, over time, various DCAs trying it on...
  2. Sorry for not getting back sooner. I phoned Northampton and the case was struck out on 22nd January. That, of course, hasn't stopped PRA sending a letter of assignment and asking for settlement in full. What action can I take to halt PRA and their demands? Is the debt considered unenforceable now? Thank you.
  3. Good morning. As Andy mentioned I sent my form off to the Court with a copy to the claimant. Earlier this month I received a "General Form of Judgement or Order" dated 6th January. This ordered the claimant to file their Directions Questionnaire with the CCBC on or before 7 days from the srvice of the order. Failure would mean the claim would be struck out. I heard nothing more until I received a letter from PRA (AK) dated 21st January request immediate settlement and some copies of (composite) credit agreements and records from the original lender. Clearly I won't be sending any
  4. Andy, are you still able to help with "J", please? My response has to be with the Court on Thursday...
  5. I'm directing my attention to this today... Just seeking some more clarification, please Andy: A) I've ticked NO, I don't want a one month stay. D1) I've ticked NO, I'm not making any applications. D2) I've asked for Fast Track, the form asks for reasons, can you help, please Can you please help with J...
  6. Today have phone the Court, and it appears that the N245's and paperwork I sent to the CCBC Northampton will be forwarded to my local court ready for the Charging Order hearing on 12 January. I was advised to write to the local Court indicating that I would be attending on behalf of my wife. I can't see a way of objecting to the Interim Charging Order and have indicated that to the Court. I have also filled in the "consent" forms the Land Registry sent so as not to object to the restriction being added. Just waiting to hear from everybody now, so need
  7. Posted all my letters (6 store and credit cards). Letter of authority included so that the institutions talk to me instead of Mrs Spoon. Mrs Spoon was paying one storecard and one credit card, so they have been made the same pro-rata offer as those on which she has defaulted. I included an income/expenditure sheet based on the N245 Court form. Not very detailed, but it helps with my sums to keep it consistent. Also a table showing all debts (except overdraft), percentage of total debt, and pro-rata offer. As more is going out than going in to Mrs Spoon's bank "pot", I have added
  8. Thank you dx. I am satisfied that the CCJs were rightly obtained in light of Mrs Spoons lack of contact; I'm not looking to challenge amounts, just to get a payment plan in place. We are fortunate in that we both work and should, with a fair agreement, be able to pay it off. There will be no necks in nooses - I've tried that and I don't recommend it.
  9. Thank you for such a speedy response! The CCJ that Restons obtained specified £100 a month. Once I've assessed the income/expenditure I might need to apply to vary that, but in any case I imagine I need to contact the court because the first payment was due in October. The other CCJ, Capquest obtained on behalf of Very was awarded "forthwith". I am unlikely to challenge any amounts, but clearly need to get in touch with the courts. It appears that you, Mrs Duff, did all the contacting on behalf of Mr Duff. It would be helpful for me to take on a similar role for Mrs Spoon
  10. I have received a N149C notice of proposed allocation for the Multi-Track from the CCBC. Also confirmation that my defence has been served on the Claimant. Attached to it is the questionnaire N181 which throws up numerous questions which, due to my lack of understanding, am having trouble answering. I do understand that the Claimant has 28 days (from receiving my defence) to respond. That means I need to complete the N181 before finding out the Claimants next move... A) Asks that "as the rules require" me to try to reach a settlement, do I want to now, and if not why not. Ob
  11. Just as I thought we were getting on top of things notice of an Interim Charging Order arrived followed shortly by a notice from the Land Registry. It appears Mrs Spoon has been struggling (on her own) with nearly £18,000 of store and credit card debt and is now quite unwell. It is only because we have a joint mortgage that I became aware of the tip of the iceberg - now the rest has become clear. There are two CCJs (by default) against her and Restons have secured the interim charging order. I understand that this can only be a restriction as long as I don't agree. We
  12. You're up there with the best Andy! I shall of course keep the thread updated. Mr Spoon
  13. Thank you Andy, that makes it easier. I have continued my paragraph numbering into the "AND THE CLAIMANT CLAIMS" section, and so the response to interest claiming refers to paragraph 5. Looks good to me, but will it do the job?
  14. If I have heard nothing from AK or their solicitors over the weekend I shall post the final defence on Sunday night. If by chance they send something through I'll change point one as suggested. Hopefully I have fitted your words Andy to my particulars. Just to confirm, I re-write and number the paragraphs (sentences) of the claim and write my defence below? 1) The claimant claims the sum of £22k for debt and interest. On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX. 2) On XX/XX/09 the defendent defaulted on the agr
  15. Wow. It is all slightly beyond me, and I am most grateful for your advice. I feel defeated and frustrated trying to formulate a defence to satisfactorily counter AK, who I believe are trying it on. I would much rather have sorted it all out with MBNA...Andy, we could keep going back and forth with me suggesting words, and you putting me right. To circumvent this can I cut and paste what you've written? Legalese is not my best language.Mr Spoon
  16. I have amended point 1, and added a date the CPR (and CCS) were sent to point 3/4. How can I expand on that/those, please? 1) It is accepted that the Defendant as had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the Claimant refers to within this claim. I have requested clarity by way of a section 78 request, the claimant has failed to comply or even respond to my legal request. 2) It is denied that the account was defaulted, and was in dispute at that time. I have sought clarity by way of a CPR 31.14 re
  17. I didn't think you'd like it and was wondering if their was a way to refer to the way the account was initiated. If not, I will go with: "1) It is accepted that the Defendant entered into an agreement with MBNA, although it is disputed that any monies are owed to the Claimant." What do you think?
  18. Thank you andyorch. Here is the draft with numbered paragraphs, how is it for content, please? 1) The claimant claims the sum of £22k for debt and interest. On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX. 2) On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k. 3) On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd. 4) On XX/XX/12 the debt of £18k assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch. Notices of assignment were sent in ac
  19. My date by which to file a defence is Monday 17th, and so below is my first attempt at a form of words. Word you please be so kind as to consider and advise, thank you. The claimant claims the sum of £22k for debt and interest. On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX. On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k. On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd. On XX/XX/12 the debt of £18k assigned [sic] to Aktiv Kapi
  20. I'm still in the same position, but have until 17th. I'll certainly be drafting and posting soon...
  21. I've had an acknowledgement of the CPR dated 17/10/14. It is just that, an acknowledgement, and states that the matters are being "reviewed" and "investigated". A full response will apparently be issued in due course... Having read other threads I'm not anticipating any further response, and whilst I understand that a proper defence cannot be formulated without knowing what AK are basing their case on, I will have to post a defence, won't I? Please advise my next step. Thank you.
  22. In order for us to help you we require the following information:- Name of the Claimant ? AKTIV KAPITAL PORTFOLIO AS Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th October 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The claimant claims the sum of £22k for debt and interest. On XX/XX/05 the defendent entered into an agreement with MBNA for a credit
  23. honeybee, will do. dx, I have acknowledged the claim, sent the CPR and the CCA. Thank you both.
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