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Bluebell1991

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About Bluebell1991

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  1. Thanks dx, I will give them a ring tomorrow and keep you updated. Thanks for the advice and support, this site is a godsend, can always rely on you guys for help.
  2. Sorry but that's what I sent. So what do you suggest I do now? Do I reply to Moriarty or wait to hear from court?
  3. Hi dx, My letter to them was in this format, I do not acknowledge any debt to your company or its clients. With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned. I understand a copy of our credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act. So has the Judge made an error by stating in compliance with section 76 & 79 only? Thanks
  4. Help please. I have defended a claim from Moriarty Law acting on behalf of Motormile Finance (MMF) received late last year. They say this is for a fixed sum loan with Lending stream. I wont go into all of the details so far, just want advice what to do next? I did all the usual requested CCA, did not receive, failed mediation and was passed to my local county court. My local court sent a form last month ordering The claimant shall by 2/3/18 file and serve upon defendant in compliance with sect 76 & 79 0f 1974 CCA all relevant info & documents. In default, the claim be and is herby struck out. I received a letter from Moriarty dated the 1/3/18 on the 2/3/18 I will not repeat what was received in the letter word for word but give you an oversight of what it entails. If you need more info please let me know, thanks. It starts by referring to the order from the court, then goes on to refer to the agreement I had entered the amounts and failure to pay etc etc Then says section 76 does not apply to an agreement that has ended as indeed is the position in your case Then says sect 79 does not relate as is for consumer hire agreements Confirms they have sent copy to court by way of filing Ask me to acknowledge receipt and enclosures. The documents they have indexed by page, document and date are Fixed sum loan agreement from LS dated 20/8/12 Notice of assignment dated 20/2/14 then 3 letters from claimants solicitor to defendant dated 25/8/17, 11/9/17 & 19/10/17 I have already picked a few flaws with this info, but need to know do I reply to them or wait to hear from local county court. Thanks in advance
  5. Thanks dx, Andy and CAG Great advice and support as always
  6. I think this debt was for an overdraft on a Halifax current account. So when you say payment do you mean when I last used the account? I followed previous advice from this site that led on to the letter of discontinuance (Thanks) I was meaning I have never acknowledged or made any payments since default. Does that make sense? Sorry for not being more specific, hope this clarifies what I meant when I said I have made no payments. I think I will ignore their requests for now, and if they do try and threaten me with court action I will then send them a copy of the Notice of discontinuance. Thanks again for all the CAG help and advice.
  7. Yes sadly, can they try and take me back to court? Can they sell it on, and if so does the whole process start again?
  8. Credit file shows as -in Closed accounts section it is marked as satisfied by Halifax it states the account default date 6/2/13 and the account closed date 31/3/13 -in Open accounts it is under Cabot credit management group ltd and has the same default date and shows as a default
  9. Hi, Can anyone help please? To cut a long story short, I have a letter of Notice of discontinuance (N279) from back in 2015 from Restons. It states The claimant discontinues all of this claim, however over the last few weeks I have started receiving requests for payment for this alleged debt from Cabot. (I know Restons are Cabots solicitors) Do I continue to ignore these letters or send them a copy of the discontinuance and request they stop harassing me? Thanks
  10. Hi, Been to court today, original date for May case was adjourned (1 days notice) June hearing adjourned (found out when I rang court 2 days before hearing) Basically interim order remains, Judge said he will set a date for trial/hearing to decide what percentage if any my ex has in the property. Suppose final decision will be made then. Ex and I have to provide statements of truth and evidence that we are separated (HOW?) Bank statements, household bills etc???? Feel a little optimistic as by all accounts and advice I have been given he could have granted Final CO today. ANY ADVICE HELP PLEASE
  11. Ok. Thanks. I'll let you know the outcome date mid May.
  12. Can I argue that he verbally said that he did not want anything from the house when we split? I have paid the mortgage on my own for more than five years. He does not work and does not contribute a penny. Like I said before he agreed to give up his half of the house to me but I could not afford the costs involved to get his name removed or re-mortgage due to my own financial difficulties in the past
  13. CCJ was given this year Nominal payment has been maintained How and what grounds legally could I use to object?
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