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suewell

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  1. A claim was started over 4 years ago, Ist credit fail to respond to a information gathering, original copies of signed debt etc and time lapsed on case. Now they have sold debt on to Interim Finance (or name change from 1st Credit) The debt was an overdraft from 2012. Sold to 1st credit on 25/11/2014 I am abdolutely sure this case was discontinued I have just received another letter dated11/02/22 from Intrum, a demand for £10k + default was 2012. No information provided and lloys has not continued with yearly statements since Case discontinued, this was never on my credit file. Old business Ltd Company overdraft they say I'm personally liable for. How do I stand with the case already going to court. Can they apply to continue case or should I just ignore all the letters Many thanks in advance
  2. and just made a CONTRIBUTION TO The Consumer Action Group Reading the posts are a great help, but individual advice is fantastic MANY THANKS FOR ALL THE HELP BOTH ANDY AND DX
  3. Thank you dx I was just reading some other posts on here about reinstating the case, and double jeopardy, they did not send any evidence to the court or me by due date, I have the unbelievable bad luck (if you believe in that) and wanted to cover my behind. The form enclosed with their letter is a N279 -w3 notice do I have to sign and return it to the county court. thanks DX
  4. Good afternoon Andy Today I received through the post a letter as detailed below From Cohen Solicitors Dear Mrs...... HOIST PORTFOLIO HOLDING 2 LIMITED V............. CLAIM NUMBER ........... SMALL CLAIMS HEARING ......... JUNE 2016 We refer to the above mater. We can confirm that we have been instructed by our client to discontinue the country court claim issued against you, therefore, please find enclosed by way of service upon you a Notice of Discontinuance. Further, we can confirm that a copy of the same has been filed at the Court and we have requested that the above hearing be vacated. We trust this clarifies the position. Yours Sincerely Howard Cohen and Co. Enc a copy of Notice of Discontinuance which I'm not sure if I need to sign and return as is has a space for my signature and not sure what it means. Does it mean that its over in which case HORAY!!! OR does it mean that thy have not got the information yet and may issue another county court claim later. Sue
  5. hi Andy this is where its get a bit complicated. The account was in OD since 7th May 2009 however the DWP had decided to pay a huge sum into my account in July 2009 which subsequently I had to repay ASAP, and I have all the paperwork which proves this, and I am still repaying the remainder. Nothing else was paid into the account apart from the DWP and interest earned on that money and retruned DD's. As they do not appear to have sent a copy of that - they have not responded to the CPR31.14 coupled with the claw back of the money letters from the DWP I am hoping that the magistrate will see that the account should have been terminated at least a year before it was, if this makes any sense. Now all I have to do is word it correctly and in order. Its either that or not mention it at all, go in with the CPR31.14 request etc and hope it does not come up. Sue forgot to mention that I have the original copy of the contract for the account, terms of business. which says, if you exceed an agreed overdraft limit you would have broken the terms of the account and you must repay the unagreed amount immediately.
  6. hi Andy I am due to send in all papers relating to the case by the 18th May. I sent HOIST a CPR 31.14 on the 19th December had a reply from their solicitors Howard Cohen: We acknowledge receipt of your letter dated 19th Dec 2015 made under the CPR 31.14 mentioned in our particulars of our claim We are currently in the process of retrieving the documents requested therefore, please accept this as our agreement to a general extension of time, Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim Form as you feel appropriate. Having read on here about ignoring such letters I returned the Direction Questionaire with Mediation and sat back. I received a Notice of Proposed Allocation for small claims on 19th Feb for a defended claim Still awaiting the reply to the CPR 31.14 to date I am due to sent all paperwork to all parties by 2 days time. Not a problem as I can overnight it, but need help with missing articles ( overdraft agreement, assignment of debt, yearly statements, date of default etc) not supplied by COHEN or HOIST. how do I proceed, is there an extension I can apply for, the Court is on my doorstep so I can literally walk in. Regards Sue should of added that I could not mediate because of the lack of paper work not supplied by the Claimant
  7. Hi Andy, dx this is the defence I used as it seemed to be the one everyone was pointed towards. However on a fewof the other posts there was a fourth line about costs which I did not spot till after wards 1 The Claimant's claim was issued on (insert date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied. I changed to suit the amount in thier claim, I hope it was the correct one. .
  8. I do think I require an extension of some sort though to return all my paperwork to the courts ( sorry don't know the jargon or paper work form numbers to reference) regarding this case witness/bank statements etc, as awaiting a reply from a SAR from Lloyds sent on 5/01/2016 and had no reply from Lloyds so far however have printed the 'signature receipt' off of the web site and kept it to reference. I don't know how I ask for one as I said MCOL is not allowing me on the site, all I have is the original paperwork sent from Northampton. I have still not heard anything back from the Courts since I sent my defence by email except an automated email reciept. I have gone through the paper work here that I have, I had two accounts with Lloyd's at the time, one business (a LTD Company) and one personal, they mirrored each other in that they were both in a state at the same time I have several statements but not full accounts from personal but all accounts from Business, hence I am sure this is SB. I am now awaiting the second Claim from Hoist but so far all I have received is a 75% reduction offer from the second. Back to this one, any ideas how I apply for an extension as cant get on MCOL ... ..can I ring the court, how long do I have to apply for an extention Andy, thanks
  9. hi I have had a response from Cohen Solicitors to the CPR request, they say they are going to gather the information and are going to allow me an extention of 14 days for my defence, what does that mean, as I have not heard anything back from the court regarding my SB Defence, that I had to email them as the MCOL sign in was not working. Could do with some advice please.
  10. thank you dx, for being a night owl, I can get some sleep now.. I was thinking SB was the best way to go, but did not know how to word it. Do I need to add any more details other than that or just wait for a response from that and what happens next? I have had no word on the CPR 13 and don't really expect to as I have read they rarely send anything out except a short reply saying you should have the details sent by your bank, also still very confused of the Hoist involvement. thank you for replying so quickly
  11. Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account. the Claimant claims: 1. the sum of XXXXXX 2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX 3 future interest accruing at a rate of £ .XX 4 Costs I have been on MCOL and acknowledged the claim and said I wish to defend now I cannot get back on MCOL as my sign in and passwords do not match. I have rang them and the lady I spoke to said I can email a defence, only I don't know which defence to use as this is all such an untidy mess. BACKGROUND In 2008 I had no debts owned a business and lived in Staffordshire, by 2009 because of my husbands infidelity we had moved to Wales where my family was, he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent. In Dec 2009 there was a bad split with hubby the police were called so I remember the year quite well. I had been overdrawn since June/July and did not service the account with any funds at all I did however ring Lloyds and speak to them explain my situation. The account remained in arrears, got passed from them to their debt department. Spoke to them, I was in a dire situation barely covering my rent. they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop then the account went over the arranged overdraft letters started, etc. however in all this time I never paid into the account. Eventually in late 2010 they issued a default, the debt was bantered between solicitors then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this. I have also read they are supposed to service you with ongoing statements, had one or two of them over the time period to date but not regularly. I have now received a CC claim from Hoist, but never heard of them, had no letters or anything. I have checked my credit file on both Noodle and Experian Lloyds TSB debt is showing as SETTLED - on 30/06/2014 The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date and not showing as being sold to anyone. the only thing they all seem to agree on is the default date. Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder) but have mislaid all my bank statements from Lloyds in the last move ( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form on the original LLOYDS TSB terms and conditions agreement it clearly states: 10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft you would have broken the term of the account and you must pay the agreed amount immediately so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt Please help need some information fast as need to email defence tomorrow or day after Many thanks in advance PS........ pulled all the info off the site and read a lot of threads, it been a great help so far
  12. I feel like the meat in the Sandwich, I made a justified claim, come off JSA (2012) because I could not cope with the beaurocracy of the system which had stopped my money three times in two months, to find myself slap bang in the middle of a mess not of my making. I did as I was supposed to and informed the HB of any changes I was aware of (and furthermore I have a child who is 13 and who had been eligable for Disability since he was diagnosed in 2003 with autism that I have never claimed a penny for, the paperwork was never worth it and we could always cope on what we had, there was always someone worse off than us). I am seeing the Citizens advice on Monday (first appointment they had) and hopefully get some help and then to the Council offices to sort this mess out. Caro, he is an ex bankrupt, after the bankruptcy finishes he can go back to being Joe Blogs ( im still licking the wounds of losing my home and half my life saving after being married to him for just 6 months) seems the only problem he has with that is banks and lenders as its still on his credit file, but thanks for the warning.
  13. he has only just got an accountant involved in his accounts and was employing a bookkeeper (which I think he got some bad advice from) for his PAYE which is £9,600 taking no directors bonus etc, which allowed me to pay for shopping and run the household with the money recieved from HB, foolishly I thought it would not matter how the rent was paid as long as it was paid by one of us ie his wages ( not knowing he was paying it from an account used for business), all I ever saw until friday was the PAYE wage slips, and this is the amount he said he was earning. I thought when I recieved the letter it would be straight forward overpayment at the best. I would have declared it as income if I had know, but he is saying it is ''not income'' or taxable as it comes from money he paid into the account to start the business up its just returning money he paid in, Im just going round in circles.
  14. having a mare of a time. but thank you for all your replies so far. I have gathered all my evidence, hubby is a company director but has PAYE as explained above but this is where it gets messy, he is an ex bankrupt and could not get a business account so has been using his own account for his business. (he's been told this is wholey unacceptable). Also a bit of background, we have separate over and over again over the past 7 years from the build up of violent rows ( caused by loss of baby in 2000 never talked about and he bankruptcy over which ''I lost my home'' after only being married to him for 9 months.) To cut a long story short there is still a total lack of trust so he only ever tells me what I need to know. So I had no idea he was running his business through his own account, thought he had online banking as no statements from business account ever recieved in post. ( will they still require his statement for 12 months???) Now he is in trouble with accounts again which are over due ask me to help with them this weekend. I notice he has a running Directors Loan Account which he is paying the rent through and offsetting what the business owes him as initial capital investment. The thing is he has been paying the rent out of this account, does this mean that effectively the buisness is paying the rent .... and what are the implications for me. This mess is turning into a disaster.
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