nunkychunky
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Hi folks Just before Christmas I had a MCOL claim from Cabot via Restons Solicitors (for an old credit card - claim value approximately £1600 formerly with Cap 1). I filed an acknowledgement of service and sent the appropriate s78 CCA and CPR 31.14 notices. I had a smiliar claim against me from another creditor about 2 years ago and was able to submit the defence in good time. The s78 and CPR letters were sent by me unsigned. Yesterday Restons returned my letter saying that whilst it purportedly came from me, without a signature they are not able to do anything further. Any advice much appreciated. Cheers NC
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Hi folks, Quick update.... Letter received from local court giving a hearing date towards end of September and DJ considers case suitable for mediation. WH / AK need to pay over £300 if they want case to go to a hearing. I&E account sent to WH nearly 4 weeks ago and no response received yet. Still no notice of assignment. NC
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Folks, A bit of movement since my last post, again a bit of guidance appreciated. I can raise approximately 33% of the sum being claimed which I have offered to them on a without prejudice basis subject to consent order, full and final settlement, default removed from credit file etc. I have also told them that if they do not find the lump sum offer acceptable they can have instalments instead over a number of years. The view I have taken is that the CPR request has been complied with, so has the SAR request, so I am going to have to concede defeat. However I have told them about unlawful charges and interest being potentially reclaimable (there was no PPI). They have still not provided a copy of the assignment document so no proof yet AK is an assignee of the debt. Today a letter dropped in saying "we feel that in order our client can consider your offers we need more details as to your circumstances. Please complete the enclosed income and expenditure statement". No word from the Court / mediators yet. I can get the lump sum within 7 days, does it represent a fair offer? If I don't complete the I&E (am I obliged to do so?) will it reflect badly on me if it does proceed to formal mediation? Thanks folks NC
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Andy, No it was November 2007. Other than the issue of the default notice not being served on me by recorded delivery and the fact no notice of assignment (from Varde to AK) was served on me (both in accordance with the LPA 1925) and arguing these points it seems I am pretty well snookered. Push come to shove I am prepared to up my offer as a CCJ is no option for me but all depends upon how greedy they want to be. NC
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Folks, Update. Bundle of stuff received from WH today. 1) Reconstituted copy of application and terms and conditions 2) Copy of default notice 3) Reconstituted template of a document providing notification of the matter to Varde 4) Copy statements Reference is made to the HSBC v Carey case. Still no notice of assignment from Varde to AK though. I made an offer to settle at roughly 15% (£650) which was refused. They are pursuing £3851.96. Not sure now what to do. Help! NC
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Folks, Bit of advice / guidance needed. Form N180 sent to Court and copy served on WH. Response from WH received back stating AK are prepared to enter into mediation. Still no supporting docs / evidence received other than the stuff received from MBNA. Was wondering how best to play this now, is it worthwhile offering instalments or a nuisance payment to make this go away - say 10% of the balance on the condition credit file marked as satisfied and default removed? NC
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Form N180 will be sent RDSF tomorrow (deadline for submission 3 June) - also will be requesting mediation.
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Signed up in November 2007. Notification received from Court today that case to be allocated to SCT (as expected) and the deadline for submission is 3 June. Based on the SAR response but no evidence relating to the assignment to AK, would it be better to go for mediation and try and agree a deal? NC
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Evening folks, Nothing further from AK or WH BUT large envelope received today from MBNA - the response to the SAR. In brief, the contents are: 1. Covering letter containing statement "please note that only information relating to you held on our files will be disclosed to you". 2. Credit card agreement (appears reproduced as my name is in lower case, but my address is in upper case). My signature is a tick in a box as the card was taken out online. The reference number is not the same as the card number and there is no credit limit. I have no way of telling if these were the actual terms and conditions or if they were put together on a Word document 3. Glossary. 4. Document - "Your personal information and how MBNA uses it". 5. 3 sheets of screen dumps - last one states sold to Experto Credite 19 Feb 2010. 6. 2 sheets - Autoscore SM Card Application details 7. 14 pages of screen dumps (customer information system) 8. 6 pages - Additional Comms Log 7. 7 pages of transactions (not copy statements) 8. 2 pages - memos of account There was no PPI and overlimit charges and interest from a quick scan amounts to about £400. There was no notice of default by the way. Not sure where this now leaves me, particularly if AK or WH get their hands on the papers, any guidance on what to do next much appreciated. If I am now pretty much snookered, any thoughts how I can persuade WH to stop the court proceedings. NC
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Andy, Having said all of the above and with me being not too conversant with Court procedure, and obviously WH appear hell bent on getting it to the SC track, if the claim does get allocated to SC (and a number of the CPRs will cease to apply) does that actually tip matters in WH's favour? Truth be told I do have a very slight nagging doubt they will sneak this through, although I will put up a fight, a CCJ is something I don't want and can ill afford, my credit file has been impaired since 2009 and it will add another 6 years to it. NC
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Folks, I simply denied the claim in full, Andyorch made a very pertinent comment about including charges / overlimit fees in that there is a danger the court may ask why the charges were not challenged sooner (hence why I did not raise it in my original defence). There was always a risk the court may have seen it as part-admission and gone on to enter judgment if I threw charges into the mix at that time. WH did say that I had not disputed the amount of the claim and will proceed to judgment "when" the docs are produced (so why, therefore, did I deny the whole claim?). D'oh!!!!! NC
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Yes - the dregs might well include further "crap" I intend to throw at them, or the proverbial spanner that has been thrown into the works. I am hoping that I can defeat this claim, and the message I want people to know about is not to be intimidated or frightened by these bullies. My belief was the attitude of "issue the writ now, see you in Court" was frowned upon by the judges but there are always those who proceed differently.
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I did a bit of research on WH by the way, and I suppose the purpose having a pop at people like me is to recover some funds for a large costs order made against them for ballsing up an administration whilst acting for an insolvency practitioner, who knows? The signature on the letter could well suggest the "defended team" is one person, or perhaps a trainee, of a semi-literate disposition (i.e. it contains a mixture of lower case and capital letters). NC
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Bill, Thanks for the clarification, especially the last one. I wholeheartedly agree with the inadequacies of the MCOL system where anyone can issue a claim in a "hit and hope manner". In my case, AK and WH have picked on someone prepared to fight them to the bitter end. I will be sending them one further letter asking them to specifically answer the question put to them. NC
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Bill, Excuse my ignorance, but what do the acronyms mean (especially the last one)? Are you referring to Howard Cohen of West Yorkshire? NC
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