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  1. And thank you @dx100uk all helpful information there. I've sent a modest donation to the site as well, great that you guys are able to keep this going.
  2. That one's a given, the separation is amicable, divorce at nisi, just need to raise a couple of thousand pounds to get finances agreed, clean break, and decree absolut. Need to get sorted anyway as I'm planning on getting married again next year, been separated since 2016.
  3. keep ignoring them, there's nothing else they can do apart from try and stress me out with letters and visits? I'm good with that.
  4. I haven't checked, frankly it doesn't particularly bother me either way, the house is getting sold and if it's there it will get paid, if not, no skin off my nose. I highly doubt it's been removed as the joint account was about 2-3% of the overall sum. Looking at the title I see this: (22.11.2011) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to National Westminster Bank Plc at care of Shakespeares, Somerset House, 37 Temple Street, Birmingham, B2 5DJ Forgot to mention that all profits from sale go to my ex wife, I have no claim over the house through my own choice. This is why I'd rather the charging order picked it up.
  5. Thanks very much, that was my gut feeling but I hadn't heard from them before and I saw the name Marstons on there. I atually had a run-in with Marstons many years ago, long story but everything was sorted out in the end. I actually ended up later taking the who had sued me company to court because they'd charged me for goods they'd never supplied, something I pointed out to them on numerous occasions and they chose to ignore.
  6. The house is jointly owned, unbeknownst to us at the time, natwest packaged up 3 accounts, one was joint the other two were not joint and they obtained the judgement and charging order in both names as far as I recall. The joint account was paid off in full a few months after the charging order was applied. It looks like the last payment I made was actually in January/February 2020.
  7. Hi All, Been a while but I'm back for a bit. I had a couple of accounts with Natwest many years ago, I couldn't afford them and ended up with a charging order on the house I still own and my ex-wife lives in, after various financial issues from 2009 onwards the CCJ had followed in 2012. For several years I paid £5 per month directly into the Natwest accounts, at some point a couple of 'solicitor' firms were involved, SCM were the second one but I never spoke to them or so much as acknowledged them, they sent one letter when they took over. I just kept paying the natwest accounts direct, apparently that was fine and I had no desire to talk to them anyway. I stopped paying the accounts in late 2019 when I moved to the Isle of Man and was out of work for 5 months, I have never restarted although I guess now that I am working I could probably manage a similar amount to previously. The house will be sold in the next couple of years and Natwest have a charging order in place to recover the outstanding amount so I have little interest in making payments now. Last year I started receiving letters from Cabot at my Isle of Man address demanding payment, apparently they now 'own' the account, I tore them up and disposed of them, then mortimer clarke started, same action, I don't answer calls from numbers I don't recognise so have never spoken to them, I received an email from cabot early on that I marked as spam so never saw another. Today I receive a letter from a different company again, Engage services, stating that a county court judgement has been obtained against me, there was one almost 9 years ago yes, as far as I know they are not allowed to send the same debt to county court twice, and I've had nothing from the court to suggest that another case has been heard or claim made. The letter states that should I not respond they will send someone to this address, the last address I provided was when I took out the accounts pre 2009, I've moved 3 times since then so they've farmed this address from the credit reference agencies. I wish them luck getting past our closed borders, although I suppose they could farm it out to a local advocates firm here, not sure how that would work though. So I guess the question is what next steps do you recommend? Make some payments? or keep tearing up the letters and if they ever turn up on the doorstep refer them to the charging order.
  8. Last letter Cabot received from me was June 2011 and it was a S78 request, I wouldn't have signed it though, I did defend the claim but that was direct to County court and again not signed, it was submitted online. A CPR 31 14 was also sent in January 2015 to Restons, once again not signed. No payment ever made to Cabot, or even to Opus who sold them the account after buying the portfolio from Citi. The last payment would be to Citi in 2010 probably.
  9. Thanks Andy, I'll just wait and see what happens next I guess, Cabot are blocked on my phones and have instructions from 2011 that I will only communicate in writing. In all likelihood they will sell this on now I reckon to another agency even lower down the food chain. We'll see. Kind regards J
  10. You're right, I'm sure it will be earlier but the only recording of this account on my experian / noddle file is from Cabot and their record starts in March 2011 with the account already being in default. At least if I work from that I have a provable basis to work from.
  11. yesterday I sent the letter to Northampton County Court as above and then today I receive a letter from Restons with a Notice of Discontinuance. Looks like this is pause for now at least. Looking at my credit file the first recording of default by Cabot was March 2011 so just another year for statute bar to fall into place. Same goes for the other alleged account they are chasing.
  12. Hi Dx, My intent is to submit this as a supplement to the defence seeing as the claim was lodged in 2014. It looks like this claim was in the same batch of claims that Restons put through as the member who wrote this defence originally. On going through my files I found the S78 dated 22/06/2011 that I sent and also a CPR 31.14 from 16/01/2015 that I sent to the solicitors straight after the claim. On all letters I used a script font to 'sign' the letter so that my signature cannot be forged to a set of T's and C's. Not that it should be because there never was an Opus account to my knowledge. Thanks so much for the help with this. --- Letter Starts--- Dear Sir or Madam, Re: Claim Number XXXXXXXX I am the defendant in this case. Please find below additional supporting information and statements in support of the registered defence regarding the above referenced claim. Particulars of Claim 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Opus Credit Card dated on or about Oct 31 2008 and assigned to the Claimant on Apr 28 2011 in the sum of 2XXX 2. PARTICULARS a/c no XXXXXXXXXXXXXXXXXX 3. DATE ITEM VALUE 28/11/2014 Default Balance 2XXX Post Refrl Cr NIL TOTAL 2XXX Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.Paragraph 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). The claimant has yet to provide a copy of the agreement as per the Defendant's section 78 dated Jun 22 2011 and remains in default of said request. Further, the defendant has never held an account with Opus Credit Card as made clear in the registered defence. 3. Not only has the defendant never held an account with Opus Credit Card, the defendant remains unaware of any legal assignment or Notice of Assignment allegedly served in 2011 or any other year by either the Claimant or Opus Credit Card . 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim the defendant requested by way of a CPR 31.14 request copies of any documents referred to within the Claimants particulars to establish what the claim is for. With regards to said CPR 31.14 request the defendant has received three letters from the Solicitors acting for the Claimant, the latest dated Jul 26 2015, informing the defendant that they are awaiting documents from their client. Subsequent letters received from the Claimant’s Solicitor show no reference to the aforementioned requests. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Yours sincerely --- Letter Ends ---
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