lutin
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So Pestons have sent back my letter not signed,(sent another"signed ") all recorded delivery.They have not responded with any documents etc So my next course of action is to file an N244 with a letter; Claim No: xxx 1 Unless by 4:00pm on 11/11/12 the Claimant complies with a request made by the Defendant on 22/10/12 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the deed of assignment the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and [ii] the Claimant shall pay the Defendant her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975. 2 In the event that the Claimant shall comply with this order, the Defendant shall file and serve a Defence by 4:00pm on 11/11/12 28 days from date of application and [ii] the Claimant shall pay the Defendant his/her costs of this application Lutin I hope this is the correct course of action followed by entering a defence before the deadline just incase they carry on! Thanks Lutin ps do I inform pestons or keep quiet:?:
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its a CC debt with MBNA that they just kept upping the interest rates and we couldn't cope anymore. So I sent a letter(with expenditure) to MBNA asking for a freeze in interest. This got totally ignored. The usual threatening letters, so SAR and CCA , later they sent an agreement which seemed unenforcable(please see above) from 2004 with Virgin. They then terminated the account(I will post this up if any use). I then got an early settlement offer with a saving of around £7000, I would have settled with this but there was just no way we could afford it. The debt got passed to Drydens and now Restons, who have instigated court proceedings. I am willing to fight them,and am no longer scared of intimidation. I really do appreciate any help. Before finding C.A.G I believed everything the banks said. Thanks for your input, Lutin
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Hi all,AOS now done online .The date of issue was the 10/10/2012,so + 5 days for service,that means if I) do my maths right I will have 28 days from the 15/10/12,to file my defence,which is 11/11/12(but a Sunday) so 4pm 9/11/12 which is the Friday. So now should I put in a request to Restons via CPR and if so which one,the claim is well over the £5000 mark. Thanks a lot Lutin
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This is a copy of the agreement that they sent me.I have no penalty charges or ppi to claim back.I am hoping someone would look at the agreement to see if its flawed.I cannot afford to pay the £5k and have done an income and expenditure to them but they just ignored it.The thought of court isnt good but I am between a rock and a hard place.Thanks Lutin scan0002.pdf scan0001.pdf
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hello! I have a 12k balance on a virgin/mbna card which has now gone to drydens solicitors on behalf of Arrow global guernsey./allied int credit They have already offered me an early settlement of just over £5000, which will make the account partially settled?(nov 11), for which i asked them for a true copy of the agreement. I have written(all copies of letters kept) to ask them if they have the original credit agreement signed by me. they have eventually sent a signed copy of an agreement, is there anyone can help as to whether this is the original enforceable agreement. any help would be greatly appreciated!!(.i can scan this copy of this agreement for you to look at)thanks!!
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I have received a reply to my CCA,this is in the form of an application form and terms and conditions. Please would someone have a look through,as I have got to a stage where my head is spinning looking at the forum and trying to come to a conclusion as to whether is is an enforcable agreement or not? My reasons for doing this is to try to come to a full and final settlement(the hike in interest is just too much for us to cope with). Cheers Lutin
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