Missie Moo Moo
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Andy, This is indeed related to my other thread, which I should have added this to, are you able to combine them?
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Hi All, I have received the attached letter from Drydensfairfax, claiming that I have failed to pay anything since them securing a charging order on my house in 2010. The issue is that they are the Solicitors for this debt which is with Nat West and also for another debt to Santander, I have been supplying all of my creditors with details of income and expenditure twice a year and so far they have all been satisfied. I have obtained confirmation from my bank that monthly payments to Drydensfairfax to the account and sort code provided by them have been going to them. They are now asking for my work address details, the purchase price of my house and outstanding mortgage. My question is do I have to provide these details to them? I would prefer for my employer not to know that I am in financial difficulty. Thanks for any advice in advance. MMM Drydensfairfax Letter 07.04.16 Edited.pdf
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Hillesden Securities Edited CPR31 Reply.pdfHi All I have just received a reply to my CPR 31.14 request, it's only taken them nearly 2 months to reply. Is it possible for someone to cast an eye over the attached documents and let me know your thoughts please? The debt sale agreement makes no mention of my name or original account number with Black Horse Limited, is that as it should be? Thanks in advance MMM
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Thanks Ford. I found it on another site, I will now post this first class recorded to Alpins in the morning.
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Hi All I have drafted my CPR 31.14 Request which is below for comment before firing off to Aplins as the clock is ticking, any comments or suggestions would be much appreciated. template removed - dx
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Well as previously stated, a number of documents that I should have received are missing. Whilst this maybe the case I believe it's wrong to assume anything. I will need some assistance from some of the Scholars on here to compile a defence. Once again Asokn thanks for your input. MMM
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The claimant is Hillesden Securities Ltd, the original creditor is Black Horse. It would therefore appear that they have just been instructed by Black Horse to commence proceedings, if this is the case what is the best way for me to tackle this? Thanks for your input thus far Asokn. Regards MMM
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Thanks for that information Asokn. I have just checked all of the correspondence that I have received from Black Horse, there is no letter of Assignment, no Default Notice and no Termination of the account. Does this all add weight to my defence? Regards MMM
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Hi All, I have today received a County Court Claim from the County Court Bulk Centre for a loan that was taken out with Black Horse06/10/2008. I wish to defend this as while I have been making monthly token payments to Black Horse I have been getting bombarded with calls and letters from Hillesden Securities and their other company DLC. The calls have stopped following me sending them the harassment letter thankfully. As I had received no notification from Black Horse regarding the assignment to Hillesden Securities/DLC, I requested that they send to me a copy of my CCA 13th June 2011 which they are yet to comply with. The most recent threatening letter from Hillesden Securities/DLC prompted me to obtain copies of my credit file from Experian and Equifax, neither of them make reference to Hillesden Securities/DLC as a company that I should contact regarding the contained information. It would therefore appear to me that it is Black Horse who are still processing my information. I know that there isn’t any PPI on this loan to enable me to counterclaim against, but I dispute their particulars of claim with regards to the assignment. I’d like to know if this is grounds for me to file a defence of their claim. I have logged on to moneyclaim and acknowledged receipt. Attached is a copy of the N1CPC Claim form Any help or advice would be much appreciated. Regards MMM Edited Hillesden Securities Claim Form.pdf
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Thanks for your reply ukaviator. I have drafted an income and expenditure form for tomorrow. There's no PPI attached to this. The Schedule of Arrears attached to the CCA is incorrect, stating incorrect amounts and that I was in arrears back in August 2008 which would have meant that I defaulted in November; does this make the attached CCA non-compliant under the new legislation meaning that they will need to rectify the mistake allowing me to request a stay? Thanks in advance MMM
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Thanks for your assistance again Pumpytums. I was unable to file a defence as by the time I got back home and went through my mail the time had expired, I tried to file it online and wasn’t able to. In my defence I mentioned that my account was in dispute due to Natwest not complying with my CCA request for a period of months. I haven’t had a facility letter for the overdraft. I haven’t sent an offer “without prejudice or come to any arrangement, my thoughts were to go back to court and take it from there. I couldn’t acknowledge the service back in May as I was temporarily living with my mother. As mentioned earlier I was unable to submit a defence as the time had expired. The loan would have been paid off as of September 2011. Thanks again MMM
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Hi All This is an update and also a request for some further assistance. I have a set aside date for 20th October; I have also received a letter from Land Registry informing me of Natwest’s applying for a Charging Order on my house to which I have objected based on the forthcoming hearing. Following my objection Natwest have finally supplied me with my CCA months after my initial request 4th February and again 23rd March. Irwin Mitchell have followed this up with a letter stating that I should consider not going ahead with the hearing as my request has now been satisfied. Should the overdraft and personal loan not have been presented at court by Natwest as two separate cases? I have attached a copy of the CCA and the letter from Irwin Mitchell for your perusal. Thanks in advance for your help. I have today received a witness statement from Irwin Mitchell which is attached for your perusal. Thanks in advance for your help. MMM Irwin Mitchell Letter Dated 20.09.11.pdf Copy of Credit Agreement Letter Dated 21.09.11.pdf Witness Statement from Irwin Mitchell Dated 12.10.11.pdf
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dx100uk thanks for moving to the legal forum, but I'd like to state that I don't have a CCJ as yet, but this is what they are clearly aiming to obtain in court hence them filing a claim.
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Hi All I have been battling with NatWest, Triton, Green & Co and more recently Irwin Mitchell. The phone calls from NatWest and Triton stopped after I sent them the phone harassment letter; I then received one letter from Green & Co dated 6th February 2011 which was a Sunday which I ignored. Irwin Mitchell started the nonsense again with continuous phone calls, so a harassment letter was also sent to them. I have had I sent a CCA request to NatWest 5th February 2011 with the Postal Order for a £1 by recorded delivery; the request had a printed signature as advised on these forums, NatWest returned my request along with my payment stating that for Data Protection purposes they required my signature on my correspondence. I found a useful thread which I followed the advice given by PGH7447 and sent off a non-compliance S77/78 letter to NatWest 25th March 2011, their reply was that they still required a signature for Data Protection purposes. I then used the account in dispute letter provided in this thread by Bazooka Boo and posted to NatWest and Irwin Mitchell 28th March 2011 these were delivered 29th March 2011. My last correspondence from NatWest was their reply 29th March 2011 to my S77/78 non-compliance letter, it would appear that they have handed my file over to Irwin Mitchell as all correspondence has come from them and they’re beginning to turn the screw. Each letter has become more and more threatening. I have been waiting for a letter of termination from NatWest but it hasn’t materialised as yet. I have received a claim form from the County Court Bulk Centre dated 4th May 2011 for £5045.16which I have only received today having been away. This claim incorporates my overdraft which I have also defaulted on. I would be grateful for any advice as to how I defend this claim. Thanks as always MMM
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Hi all I've received a letter from NatWest regarding the default on my loan, I've added it as an attachment here for you to peruse and as per usual any comments will be gratefully received. Thanks in advance. MMM NatWest Letter Following Default Notice.pdf NatWest Letter Following Default on Overdraft.pdf
