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Posts posted by AxlR

  1. Thanks WelshMam


    I do intend to file for the judgement to be set aside.


    Open to suggestions as to what argument to use.


    I could go with the fact that I didn't file a defence because Hillesden didn't pursue the claim and I wasn't aware that I had to, but I doubt that would work. Alternatively, I could go with the fact that they haven't complied with my CCA request because all I've had is copy application forms and reconstituted terms? Both these cards are pre 2007.

  2. Hi


    I've had a letter from the court to say that


    "The application to lift the stay and enter judgement has been granted".


    " This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules Part 3.



    You may within 7 days of the service of this order, apply to the court to set aside or vary the order under Part 23 Rule 10.



    You must file with the court, and serve on the other parties, an application that sets out your reasons for objection.



    A fee is payable on the filing of the application.



    When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing"


    Any suggestions as to what to do next gratefully received.

  3. Done that. There are 2 claims from September 2011.



    The claims are stayed because there's been no activity,



    I thought they were closed to be honest.


    There's been nothing submitted by Hillesden, so they would need to apply to have both claims unstayed (if that's the word) give their reasons why and pay a fee.


    They're saying they've abided by my s78 request.



    I don't believe they have provided the original credit agreements,



    just application forms with reconstituted terms.


    Any suggestions welcome.



  4. Also, I've had my SAR back from MBNA.


    I've calculated that, going back 6 years, I've been charged a total of £5821 in late fees and "Finance Charges". I think the finance charges may be interest, so I'm not sure they're reclaimable? With 8% applied, it comes to £8975.


    Can someone advise as to what, how far back and how I can claim back penalty charges please.?


    Thanks again

  5. I've had letters from DLC re both accounts. I haven't made a payment since I started this process. They're threatening to proceed with a court claim that they originally started in September 2011 but was stayed because I re-set up a regular payment. They're quoting the original claim numbers.


    Any feedback as to how likely this will be? Can it be stayed this long, or would they need to start again?


    As above they don't have the original terms, only the applications and reconstituted terms.


    Thanks in advance.

  6. Reply to SARs from DLC re both accounts.


    There's no information whatsoever from the original creditor (MBNA).


    They say that they don't have copies of the default notices because they outsource them(?),

    but have attached a copy of a template default letter and the data that would have been used to create them?



    Both debts show on my CRA as originally being with MBNA, defaulted in 2010 and settled (one in 2010 and one in 2014)

    and are now with Hillesden and are both showing as defaulted in 2010?


    Can they show a default if they can't provide copies of the original default notices?


    The statements of account only show information from when the debt was bought by DLC/ Hillesden

    and again they haven't included anything at all from MBNA, with no mention of any more information to come.


    Other than copies of the original application forms and copies of reconstituted terms,

    they don't appear to have any other information from MBNA.



    I assume that there will be overcharges to claim back re late payments etc.,

    but they obviously can't provide that information.



    Where do I stand now?


    Grateful for any feedback please.




  7. I've had a copy of my original signed terms back from Moorcroft. On my CRA this debt shows as Cabot.


    I've attached the signed terms plus the single page that was attached (not dated but signed in 2004, a copy of terms in my current address and a copy of terms in my previous address (where I lived where I applied).


    Any advice as to whether the signed form plus single page of terms changes anything re enforcability please?



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