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About iyam71

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  1. Well that's a relief. Thought they'd long since disappeared until last week. Thanks for the info.
  2. Thanks for reopening the thread. Finally got a letter back from Shoosmiths. No original credit agreement, just reams of statements and a set of conditions of use containing the name and address of my partner. They want a reply by 23rd Dec despite us only receiving the letter a week ago. It ends by saying 'any further action may include the issuing of legal proceedings without further reference or notice'. It's not a pre-action protocol letter but we've already had one anyway, albeit 15 months ago. I know it's probably too late to do anything about it now but any advice
  3. Thanks for your help. Will print out the form and get it in the post asap.
  4. Thanks for your reply. It's a letter from Shoosmiths giving notice of court action within 30 days unless repayment terms can be agreed. As far as I can see it complies with all of the pre action protocol rules you highlighted. The card was taken out in February 2001 according to both solicitor letters. I don't think any payments were missed until August 2015 when financial circumstances changed.
  5. My partner received one of these this morning - it was from an old but not SB'd Halifax credit card debt. However Arrow have already gone down this route before through Restons. They sent the same pre-legal letter in December 2017, but failed to produce any documentation after we sent a CCA request. Would the best way to respond simply be to point out that we are still awaiting a copy of the agreement from Restons over a year and a half later? Or can the fact that they couldn't provide it mean that this new letter can be viewed as an empty threat.
  6. I keep getting letters from Restons every 2/3 months now reminding me that there is still no repayment plan in place for this account. they seem to have stopped short of the usual threats of resuming court proceedings. And the last letter they sent was offering a discount of 50% of the total they are claiming for. Is it safe to assume they won't be continuing legal action after this length of time, especially now they seem to have resorted to sending begging letters?
  7. Got a statement from these lot this morning. They have just added £132.50 to the balance, a 'LEGAL BAL ADJSMT'. Can they do this? Not that they're ever likely to get anything anyway.
  8. I read recently that Barclays are the worst offender for dipping into current or savings account funds uninvited, but can anyone shine any light on whether Halifax are likely to take this course of action? I'm pretty confident it won't happen - it's my partner's current account which tends to be in credit for 3/4 days at the end of the month by a couple of hundred quid then soon reverts to overdraft. So if they did take a significant chunk they would effectively be using their own cash. The situation should be sorted anyway in the short to medium term but potentially having a months wages
  9. Got a letter from the solicitors today refuting my defence. They are saying that all of the documentation referred to in the defence I would have received at some point in the past and that I should check my own personal records again. They then go on to deny ever receiving a s77/78 request and want evidence a valid request has been made. This despite an acknowledgement from the DCA earlier this week saying they are waiting for the relevant information from MBNA. The 31.14 request is acknowledged but as the documents requested are not "mentioned" in their particulars the CPR 31.14 ru
  10. Costs were not listed under particulars.
  11. I received a statement for this account this morning. It includes two new transactions, solicitors fee and solicitors cost totalling nearly £200. Can they do this? Surely they have to win the case before adding on their costs.
  12. First missed payment was due 20th Sept 2010. I was of the same opinion regarding forgetting about it until yesterday but read something about claims sometimes being issued specifically to pause the clock.
  13. Still not heard anything further regarding this claim. They haven't even sent any statements since the last letter threatening to lift the stay. Can it just be left like this indefinitely? And more to the point is it a deliberate tactic to prevent it from becoming statute barred?
  14. Now I'm not going down the SB defence route I'm thinking of filing something along the lines of the following: POC: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 14 2008 and assigned to the Claimant on Jun 24 2016. Defence 1. Paragraph 1 is admitted that I have in the past held a credit card with MBNA. It is denied that I ever had a credit card with a balance for the amount claimed my limit being only £1500. 2. Paragraph 1 is denied that any notice of
  15. Last payment made Sept 8th, first missed payment Oct 6th so looks like no SB defence.
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