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nunkychunky

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Everything posted by nunkychunky

  1. 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 fu
  2. 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
  3. 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. Howe
  4. 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
  5. 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
  6. 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
  7. Form N180 will be sent RDSF tomorrow (deadline for submission 3 June) - also will be requesting mediation.
  8. 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
  9. 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
  10. 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
  11. 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!!!!
  12. 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.
  13. 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
  14. 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
  15. Bill, Excuse my ignorance, but what do the acronyms mean (especially the last one)? Are you referring to Howard Cohen of West Yorkshire? NC
  16. Folks, good morning. Quick update.... Letter sent to WH on 30 April asking under what statute / authority they are seeking to rely on regarding the assignment notice (i.e. under the LPA and the manner it was (allegedly) served). Letter received yesterday from WH..... Dear Me We write further to your letter dated 30 April 2014 and refer you to our previous letter dated 2 May 2014 stipulating that we have requested documents from Our Client and will forward them to you upon receipt. We reiterate the content in our previous letter that the process o
  17. Hi folks, Quick update... Defence was filed on 23 April (after further tweaking as suggested by andyorch) and this was filed online. Confirmation received from Court via seemingly standard response - in that after 30 days the claim will be stayed. Letter sent two days ago to WH asking for further information about the assignment notice (i.e. under what statute do they intend to rely upon it being "given to the Defendant in writing" as per their POC". Two letters received today from WH. Envelope 1 - Letter 1 (addressed to me) - "We write further t
  18. Afternoon folks, I will be submitting the defence to Court tomorrow (draft wording appears below) and keeping it short and sweet. Any observations or suggestions appreciated before I get the papers off. NC The Defendant disputes the claim in its entirety. The Claimant has not provided any documentation or evidence to substantiate the claim. A request for further information pursuant to the Consumer Credit Act has been made (which has been acknowledged by the solicitors acting for the Claimant stating that it could take a number of weeks to obtain the informa
  19. Citizen, Having researched CPR Part 18 a bit more, whilst it would appear very pertinent, the danger is that if WH get the matter to the SC track then CPR part 18 will not stand. However there is nothing wrong with raising questions as suggested (which I will tailor to my specific circumstances) and I think the whole thing now boils down to the issue of timing when to hit them with the CPR 18 request. From what I have seen about CPR 18 there would appear nothing wrong with raising the request for more info and documents before the court allocates the case to the SC track, i.e. sendin
  20. Evening folks, Bit of advice needed. Response from WH which reads as follows. We continue to act for the Claimant in the matter referred to above and write in response to your CPR Part 31.14 request dated 7 April 2014. We would draw your attention to the fact that as this matter has a value of less than £10,000.00 it is very likely to be allocated to the small claims track. We would also like to draw your attention to the fact that under CPR Part 27.2, the rules in CPR Part 31 do not apply to small claims and therefore you have no basis to make your request under CPR Part 3
  21. Evening all, Letter from Wright Hassall in the post today. They note my request for various documents and have "passed on your request to our client"....."as an assignee of the debt it can take a number of weeks for it to obtain certain documents from the original vendor". It goes on to say "WP save as to costs... to avoid further time and expense being incurred on this matter our client will accept £3,750 in full and final settlement of its claim, payable as a lump sum or affordable monthly instalments". They then say it is a 15% reduction and a saving of
  22. Acknowledgement of service has been filed online setting out I will be defending the whole claim. SAR and CCA letters sent by signed for delivery service. NC
  23. Hi folks, Today I received an N1 CPC from Northampton County Court Bulk Centre in relation to an MBNA card I took out around 2007. I stopped paying them in around April 2009 and whilst not sure of the default date, it was either late 2009 or early 2010. I have not yet sent an SAR request and truth be told have received hardly any paperwork, the last was a statement from AK yesterday "reminding" me as to the balance. I do not recollect receiving a letter before action and that the statement that come yesterday contained no mention of court proceedings. The claim form s
  24. Hi folks, After the episode I recently had with Lowells (got the SD set aside) a smaller, but equally niggling issue has come about which I would appreciate some guidance. It relates to a car insurance policy I had for a project. The policy was with Lancaster Insurance and the annual premium was for around £85, the premiums were around £7 a month. Earlier in the year I sold the car due to a lack of time, and there were around 3 instalments left on the policy (around £25 in total). Perhaps very foolishly on my part, I cancelled the direct debit but Lancaster came back trying
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