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Vincedomingo

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About Vincedomingo

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  1. Update. Case has remained stayed in the CC. Then 22 Nov 2014 ( a year approx since stayed) had letter from MKPD saying they had launched an attachment of earnings for the whole amount on the case number that was stayed please pay up now in one month or else! I was a little but not a lot alarmed by this. I sent a response letter immedialty to MKPD spelling out where I thought we were. And a letter to the CCourt asking the staus of the case. MKPD replied first with the most grovelling letter I have ever had from ... anyone. Their compliance officer said it was all a big mistake and they did not mean to harrasss me they had made a genuine mistake (hah!)and I would recieve no further correspondence from them on this! I have not heard from the court yet but I can guess that MKPD had not checked the status on this or were shipping out 1000's of letters at random to try and make a buck somehow. So I am starting to think its all over and even if MKPD sold things on the fact there has been a failed case probably now at last means .. ..the end of the saga for which I knew they would never be able to provide documentation for.
  2. Struck out = disposed of = It means that the Court has decided that a claim has no reasonable prospect of success, or is an abuse of process, and decided that it cannot be allowed to continue.(from post 173 above) Was CitizenBs' definition. This is not what the court are saying, they are saying it can be reopened at any time......but did not say for what reason only that the claimant could do it
  3. Thanks for that Dotty, Agree completely. I guess I'm not very good at handling an open ended situation when the likes of MK are around. The idea MK can restart the case at any time ( by getting it in front of a judge but with strong justification) irks me! I want clarity But there must be some sort time limit unless its just the 6 years statute limit? It seems perverse given MK submitted an inadequate defence out of time that they can hang on in there. If I had submitted a late defence the case would now be in court and moving towards completion, disadvantage me! Vince
  4. Update 19 Jan 2013 Well I seem to be in Limbo. The reply to my second letter to the court (which came to me on the 19th) asking for clarification led to pretty much the same response as the previous letter. It essentially says the claimant is in control of the status and may reinstate at any time and theer is nothing the court can do.... . bizzare This seems odd and contradictory if the process is 'stayed' for 28days, then struck out with a 7 day window to which the case can be put in front of a judge to reinstate why is at teh whim of the claimant?. The DCA did zilch in these two periods other than submit a late defence after the 7 day window. HELP NEEDED PLEASE to clarify what on earth 'Struck out' means if its not struck out and case over. |I'm going to write to the court again and get them to justify what I thought were obvious and clear steps - all this time gives the DCA opportunity to diddle about!! Vince
  5. well here we are on 7 Jan and zilch from MK*! and zilch from the court MCOL still says defence so I'll have to write I guess. Vince
  6. Hi Nivagy well its not all doom and gloom... As in my case it has been struck out (the stayed was the earlier status for 1 month) and MK did not apply to have the struck out removed/set aside in the 7 days, I imagine I have a reasonably strong case to say the saga is over for MK as they did not meet the courts requirements for the case to proceed as no documents supplied in the 28 stayed days (some came after) and no application to set aside in the 7 days after it was struck out. However MK may well try and do something so I don't feel completly safe yet! Can anyone can offer advice on this?. I think in an earleir response Andyorch said the 6 yeas still applies regardless and any tom dick, harry or DCA can come along later and try but the fact that the claim is struck out once and there has been a failed case means some letter waving at new DCA's means that they can probably be fended off a bit more easily. However I had had nothing from MK before the court summons so little warning given! Incidentally I mean to apply for costs as a LIP if I can when the final status is clear Vince
  7. Today 22nd recd letter from the court replying to my letter questioning where things stand, sent last week. So a reminder where I was up to: the action was stayed for a month then struck out with a 7day window for it to be set aside if requested by the claimant. those dates are both well out of time now, and all MK*! did was send an aq form to me and the court on 10 Dec. The reply from the court verbatim " Please note the claimant can apply to Set the order aside within 7 days of the order being made but the claimant can apply at any time to reinstate the case. The calimant has been informed on 3rd dec and 11 December of the need to reply." 10 dec was the end of 7 day period so they have missed that. So this is good - MK*! have missed the stayed deadline and the 7 day time to to apply to set aside. Whats not so good is they can still apply at any time to reinstate the case! Any advice on this? I can still defend rigoursly on abuse of process and they MK*! have not got the info from b'card to really define the case as unwinnable for me I believe, but all the time they are gaining time to sort out their incompetence. However I remain ready for the unexpected from MK*!'ers Vince. Merry Christmas!
  8. Hi Nivagey Lets be clear I had the 28 days stayed based on my defence At the end of that I rec'd a court letter saying 'Struck out' but 7 days in which the claimant could make a claim to a judge to change it Both of these are now out of time . On the day the 7 days was out of time, I rec'd a package from MK!* which was a an aq form saying the other missing documents (some Bcard statements had arrived before this during the 7 days period) would arrive 'shortly'.I rang and wrote to the court last friday the 14th saying given due process MK*! could not be submitting a defence now and due process meant the case was over - struck out . I asked for clarification. I asked the court in my phone call - apparently the MCOL online takes a long time to get updated and does not show much beyond defence until the case is over. Vince
  9. Hi Nivagey I have been updating my thread. I'm starting to diverge a little from your position in time as I think I am slightly ahead in the process. Have a look at my thread. Surprises seem to happen all the time! http://www.consumeractiongroup.co.uk/forum/showthread.php?368297-Barclaycard-DCA-and-now-DCA-launched-CC-action-quick-help-needed/page2 Vince
  10. ok With 7 days from 3 Oct when the right to reply service date commenced MK*!. would needed to have applied by 10th. Today when I called the court they had not. Today is the 14th so they have I hope blown it. So I've dashed off a letter to the court saying I expect due process and restating MK*! do not have a case as no docs for defense beyond statements and this is not sufficient. Hmm did not need this when I thought I was almost home and dry........
  11. how many days is allowed for service of an order - it has its 7 days time limit but the postal bit? and is this calendar or working days?
  12. have just called the court. Have to say they were very much more helpful than I anticipated. 1 The case is struck out but with right to appeal 2 They have recieved MK*! allocation letter I recd today 3 The court has written to MK*! today saying the case was struck out and they have to appeal to proceed any further and that appeal has to be before a judge and they have to fill in the correct forms and make payment. If they do this it can take 4-6weeks Now the court said I have little else to do but wait but I'm not going to do that I'm going to write to the court filling in the facts - MK*! still not supplied the documentation other than a set of statements.
  13. They have made (or have said they have made) and sent an allocation letter to the court, a copy of which they enclosed in the letter that came to me today - this has no content other than ticks in boxes and likeley legal charges and saying they are paying £220 as the court fee. So if the case was struck out.... I thought they would hve to be appealing in the 7 days for appeal - it appears as if they are using the appeal as an extension of the 28 days stayed? or some bizarre bluff?
  14. I did of course have an earlier allocation form before the 28 day stayed period. I will call the court and find out whats happening.
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