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sleepless123

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  1. I haven't had anything official from the court - does this mean they can come back at any time? Will have a go at scanning the doc - I hadn't thought that the agreement might be iffy!
  2. Hi there CitizenB and Lilythepink and thanks for remembering me ...... The update is that I submitted my defence and about a month later I heard back from them ( with a copy of the signed credit agreement) saying that they would not pursue the claim given the length of time I had been on the DMP. They added a caveat that should I ever reduce the monthly payment or stop paying they would reinstate the court proceedings. Am very relieved! Thanks so much for all the advice and support.
  3. So if I file a defence by 10th June and one of the points I make is that they have failed to supply the relevant documents, what legal terminology should I use? Should I quote parts of the Consumenr Credit Act or keep it in layman's terms (which I am!) Thank you
  4. Ok thanks for that citizen b. So if I give them the extra time and they still cannot produce the papers what would my defence be then?
  5. Thanks for this citizen b - but why should i givie them another 28 days to look for the paperwork? Cant i ask for it to be thrown out on the grounds that they can't find the agreements etc? Thanks
  6. Hi there Thanks for the template. I sent this off and received the following: "We acknowledge receipt of your request for disclosure filed in accordance with Part 31 of the Civil Procedure Rules. We are awaiting confirmation from the original lender and will forward it to you in due course. We confirm that your account will remain on hold until we have done so. Should you require an extension of time to file your Defence pursuant to Part 15 of the Practice Directions, we will consent to an extension of 28 days." So this was dated 22nd May. I haven't received anything else from them in the meantime. I have until the 10th June to file my defence so what do you think my next step should be? Thankyou
  7. Thank you dx. The DMP was with CCCS so all payments were made. Its so confusing with the 3 companies involved. How do I find out who actually owns the debt? thanks
  8. It was so long ago that I cannot recall. When I first got into difficulty I contacted all the creditors but they wouldn't begin a dialogue until 3 months non payment had gone by. By this time I had the DMP in place with CCS and they dealt with everyone. Thanks for the copy letter on your other reply. I have done the AOS on the MCOL site so I now have until 10th June to write my defence. So who should I send the letter to? dx100uk mentions SAR to MBNA and CCa to Aplins. Is the letter you've posted a SAR? I'm sorry if I sound dense - I'm a bit baffled by all the acronyms! Thank you
  9. Thanks Citizen B - no this is not the largest of my debts
  10. Hi It is not on my Credit File - I'm not sure when it dropped off. The letter of intention was from DLC, the claimant is Hillesden securities, and Aplins is the company to send correspondence to. So how do I find out who actually owns the debt? How can there be 3 interested parties? Also, I don't recall having a notice of assignment. Everything happened in 2004 when I went on the DMP. thanks
  11. Thank you for responding. The date of issue is 8th May. I entered into the agreement in 2000. The claim is for £5500 and debt was originally with MBNA The particulars of the claim are that in " The claim is in respect of a credit card provided at the defendants request in 2000. Failure to meet requests for payment resulted in the account being defaulted. In 2004 all legal and beneficial interest was assigned to XXXXXXXXXX (shall I put details of the company? Do they read these?) The defendant was duly notified in writing of the assignment and that a balance of £7500 was due. the balance of £5500 remains owing from the Defendant." There has been no further charges and interest added and I did not have PPI on the account. Thanks
  12. Hi - I am a first time poster here. Hope someone can help. I've been on a DMP for nine years for all my debts. I've never missed a payment. 3 weeks ago received a letter from one of the DCAs saying because it would take so long so be repaid they were initiating court action. The letter went on to say they had no intention of forcing the sale of my (jointly owned) property, nor was it a way to make me pay more than I could afford but "they wanted security". (I don't believe them) Last week the court papers arrived. (along with a further £300 of charges) I phoned them and they said if I increased my payments tenfold they would still go for a CCJ but not a charging order. I think its unreasonable because I can't afford to pay more, plus I have show myself to be willing to pay for the past nine years and I want to contest what they are doing. However, there is not a box on the court form which is suitable. Am I contesting the court's jurisdiction, or am I contesting the amount? As further info, the debt is no longer on my credit file. And a final question, can unsecured debt be turned in to secured debt? Has anyone got any ideas on how I should proceed? Thanks
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