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pd007

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Everything posted by pd007

  1. update : Mediation date set for 7th July any advice about what to expect or tips on how to deal with this greatly appreciated as usual
  2. Ok thanks I've had a read up on other threads I'm ticking yes to mediation just wanted to confirm that I need to send a copy to Hoist and that I should expect a copy from them too ?
  3. Hi I have not heard anything from sols etc but got this yesterday : Looking for advice on what to do next please Notice of proposed allocation to the small claims court If you do not comply with this notice the court will make such order as appears to be appropriate . This could include striking out the claim or entering judgement . TAKE NOTICE THAT 1. This is now a defended claim The defendant has filed a defence , a copy of which is enclosed (THIS SENTANCE HAS BEED CROSSED OUT BY HAND ) 2 It appear that this case is suitable for allocation to the small claims track . If you believe that this track is not the appropriate track for the claim you must complete box C1 on the small claims Directions Questionnaire (Form N180) and explain why 3 You must by 6 June 2016 complete the small claims directions questionnaire (Form N180) and file it with the court office The county court business centre 4th floor St Katharines house 21-27 st Katherine's street Northampton NN1 2 LH And serve copies on all other parties
  4. Hi All , I purchased a 61 reg Mercedes from Mercedes dealership in Feb 2015 24k on clock £9200 purchase price . got it on Hp from independent finance company . It's done no more than 10000 miles in the time we've had it . Car was started on Sunday morning from cold and there was a horrible noise like metal scraping or something getting stuck but it started and run fine then on Monday afternoon just wouldn't start again after being used during the day . Friend of ours who is a mechanic came out and recovered it for us and tonight has diagnosed that the engine has seized he think a chain has come off which is what the noise was looking at £1500-2k repair bill. There were never any warning lights of low oil etc . It was due a service at the end of Feb 2016 but we didn't get round to having it done . It came with a 12 month warranty but that's has now expired too . Considering the price we paid and the relatively young age and low mileage of the car what are my options ?? Do I approach dealer first or Hp company ? Have we damaged our position by not having it serviced ? Any advice greatly appreciated
  5. Ok is it worth me PM him or will he pick the thread up anyway ?
  6. Ok that's great thank you so much for your help so far I'm off to submit the defence now I'm guessing it's just a waiting game to see what comes back from the claimant
  7. That's a great help thanks , one last question before I submit it do I put the date of 27/05/10 where you have put the xx's ?
  8. Ok thanks are you able to assist with what to put as I don't have a clue ?
  9. Hi dx I know your very busy but could you cast your eye over my holding defence as I want to double check all ok to submit as want to submit this evening many thanks
  10. 1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa) The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant and notice has been served . 2.The defendant has failed to make contractual payments under the terms of the agreement . A default notice has been served upon the defendant pursuant to s.87(1) CCA 3.The claimant claims 1) The sum of £4000 2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900 3)future interest accruing at the daily rate of £0.93 4) Costa defence as follows is this now correct ? 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 the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. 3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant. 4. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. Thanks for the prompt reply just to clarify do I include all the extra bits in red too and amend them to reflect the details of my claim exact amounts account numbers etc
  12. defence due this Friday 15th april I intend to submit defence tomorrow night as still not heard back re ca request does it look ok ?? 1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa) The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant and notice has been served . 2.The defendant has failed to make contractual payments under the terms of the agreement . A default notice has been served upon the defendant pursuant to s.87(1) CCA 3.The claimant claims 1) The sum of £4000 2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900 3)future interest accruing at the daily rate of £0.93 4) Costa 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 the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. 3. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant. 4. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  13. Got postal order returned today from Robinson way ( sent it to hoist portfolio ) "we acknowledge receipt of your request under section 77-79 of the consumer credit act . Your account is now with our clients solicitors Howard Cohen & co and they have issued a county court claim against you . As you have filed your defence in this matter, all documents will be requested by our clients solicitor Howard Cohen & co as part of this process, therefore please find enclosed your £1.00 fee. If you have any questions please contact our office on 0345 2668876 " Still waiting on reply from Howard Cohen re CA etc . Is this an expected reply ? Any thoughts greatly appreciated
  14. finally spoke with barclaycard last payment to them was made on 17/8/2011 - so not statute barred will post off letters today by special delivery and post back here when /if I hear back . In the meantime is there anything else I need to be doing in preparation for defence ?
  15. Ok thanks I will post back here once I have spoken with barclaycard many thanks for your input so far you've been a great help
  16. I think it was 2006 by mercers but don't have any paperwork relating to it . Letters all printed and ready to send special delivery tomorrow, Aos done too . Am I right in thinking my deadline date for defence is 17th April 2016 (date of claim was 16th March 2016)
  17. ok thanks that's a great help one more thing who do i send the cca request to is it the claimant (Hoist portfolio holding 2 ltd) as in the particulars of the claim it says the debt was assigned to the claimant by mkdp ?
  18. thanks for the reply sidewider to answer your questions yes it is the same query i seem to recall setting up a payment plan of somekind with mercers but never really stuck to it im sure they issued a default on it too although that has dropped off my credit file and a new one applied on 27/5/10 by mkdp. i never did cca the account but will fire off the 2 letters you advised tonight. and acknowledge the claim too. i will post again once i hear back. will they reply in goodtime do you think so that i can file a defence or will they stall to see /hope that i miss the deadline ?
  19. Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD Date of issue – 16th MARCH 2016 What is the claim for 1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa) The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant and notice has been served . 2.The defendant has failed to make contractual payments under the terms of the agreement . A default notice has been served upon the defendant pursuant to s.87(1) CCA 3.The claimant claims 1) The sum of £4000 2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900 3)future interest accruing at the daily rate of £0.93 4) Costa What is the value of the claim? Total amount just under £7km Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? BARCLAYCARD CREDIT CARD When did you enter into the original agreement before or after 2007? Before (1993) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. MKDP Were you aware the account had been assigned – did you receive a Notice of Assignment? YES Did you receive a Default Notice from the original creditor? Think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? Financial difficulties following divorce What was the date of your last payment? This I'm not sure of Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan NO Hi all some advice needed got this claim form the other day I have checked my credit file and it is showing payment made up to 42 months ago I'm sure that this is wrong as I don't recall making any payments for a lot longer than that can I ask for proof from debt company that this is correct as I thought that this was statute barred . Advice on what to do next greatly appreciated
  20. thats good to hear i will get back to you once i have all the info to hand will take a few days though !
  21. yes it is hp ,yes we are married incidently the oustanding balance of ccj is £600 car is valued at about 6K there are only about 3 payments left to make on the car so am i right that whilst the hp is still going it is safe from thier clutches ?
  22. hi thanks for prompt response i first defaulted on account approx 2006 it went to mercers i i will have a hunt for paperwork not sure if i still have it might take a few days though in the meantime i will get copy of my credit file too. i havent requested agreement or anything yet . The account is soley in my name
  23. Hi all , I have a defaulted barclaycard account which was sold to MKRR recently, ouststanding balance about £4500. I have been passed from one dca to another over the number of years that i have had this account set up payment plans then things have happened so they havent been stuck to, it then goes quiet for a few months and then seems to get passed to different dca i have received 3 letters to date first 2 were to inform me that barclaycard have assigned and transferred my account to MKDP LLP etc the third one i received today from MKRR asking me to contact them to set up payment plan quite a nicley worded letter and very non-threatening actually ! Having read all the posts on MKRR im slighlty curious about exploring the possible loopholes that might be avaliable to me not really sure about what is the first letter to send to them and quite nervous about what is the impact of going down this route if it is unsuccessful
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