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Everything posted by puddleboots

  1. ok, so that will be 33 days from the issue date 15th May which will be 16th June. Also in case it makes a difference I managed to find when I entered into the original agreement and it was on 31/07/2006
  2. I took out the agreement on the 13/04/2007 and it's now owned by HPH2 LTD. It was assigned and transferred to Hoist Portfolio Holding Limited a few weeks after they sent the above letter.
  3. I will do, but could you please have look at their response they sent me back in 2015....I found it a bit confusing After re-reading Im wondering if I requested the right thing! Barclay_doc_1.pdf
  4. Received another l'without prejudice - settlement offer' letter this morning saying; We note you have not responded to our client's previous offer Please note you now only have 7 days from the date of this letter remaining to accept this offer Subject to assessing your affordability, your client will also consider your personal circumstances if you cannot pay this amount in full, therefore allowing you to pay this settlement amount by affordable monthly instalments When this agreed sum is paid in full, the remainder of the original balance will be written off. If you do accept this offer your credit file for this default entry will be registered as "partially satisfied" This off will expire 7 days from the date of this letter when the full amount becomes payable If you do not contact our clients agent, Robinson Way Ltd on xxxx with your debt continuing to be unpaid. Our client will be entitled to continue with Issuing a County Court Claim against you. I'm going to post the reply they sent me in 2015 after I requested the CCA
  5. Name of the Claimant ? CABOT FINANCIAL LTD Date of issue 15 MAY 2017 What is the claim for – the reason they have issued the claim? PARTICULARS OF CLAIM; 1.BY AN AGREEMENT BETWEEN NEXT DIRECTORY & THE DEFENDANT WITH A CREDIT ACCOUNT. THE DEFENDANT FAILED TO AKE THE MINIMUM PAYMENTS DUE & THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. THE CLAIMANT CLAIMS 1. 3565.71 What is the value of the claim? £3830.00 Is the claim for - catalogue When did you enter into the original agreement before or after 2007? I'M NOT SO SURE ON THIS, I THINK IT MIGHT HAVE BEEN 2007. IVE HAD A LOOK ON MY CREDIT REPORT BUT FOR SOME REASON ITS NOT SHOWING ANYTHING BEFORE 2017. 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. CABOT Were you aware the account had been assigned – YES I RECEIVED A LETTER INFORMING ME Did you receive a Default Notice from the original creditor? YES Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? CANT SEE ANYTHING WITH THAT HEADING, HAVE RECEIVED STATEMENTS THOUGH Why did you cease payments? COULD NO LONGER AFFORD TO PAY What was the date of your last payment? DEC 19TH 2014 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 planicon? I SENT LETTERS SAYING I WAS SUFFERING FROM FINANCIAL HARDSHIP BUT THEY ONLY WANTED TO TALK VIA PHONE, SO NOTHING GOT ARRANGED. I sent the CCA on the 16 the May and as of today I haven't had a response. I did file an acknowledgement as advised. Should i now file my defence or wait until next week?
  6. I received a Claim form after sending two CCA requests, although the second one was sent a day after a county court claim was issued to me. I didn't receive a reply from the first CCA I sent in Oct 2015 and haven't heard anything from the second I sent on 16th May. The Claim form is dated 15 May The particulars of Claim are; By an agreement between Next Directory & the defendant dated 31/07/2006 ('the Agreement') Next Directory agreed to issue the defendant with a credit account. The defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3565.71 The total amount is for £3830.00 Thats it. I've filing my defence now online but unsure what to put in the state your defence box.... Appreciate advice guys Thanks PB
  7. Ah Jeeze, I did didn't I, thanks dx.... Yes I thought it was them just trying their luck
  8. Hi, today I received a letter from Howard Cohen & co. Solicitors re a credit card debt from Barclaycard. (enc) I sent off a CCA request in October 2015. They sent back a copy of term and conditions and a covering letter. Since then they sent letters from Robinson way requesting payment then there was a Notice of Pending Legal Action letter from HC solicitors in August 2016 Nothing since then until todays letter for settlement offer. I'm guessing this is because they can't provide the CCA I requested? I can't pay what there asking anyway....should i just ignore this? Thanks PB Barclays.pdf
  9. I'll ask my friend tomorrow if she has one and if so I'll see if she can do it for me.
  10. I can take photos on my phone but unsure what to do with them next I'm so sorry!
  11. Unfortunately I don't have a scanner I requested the CCA on 14/10/15 then again on 19/11/16 They acknowledged the second one and sent the CCA info over dated 22/02/17 The covering letter with a copy of their Directions Questionnaire form N180 is also dated 22/02/17
  12. No court hasn't been in touch at all. I'll just wait then... Thanks for the advice
  13. I received the CCA from Lowell dated 22nd Feb along with a letter which says 'Please find enclosed a copy of the Directions Questionnaire which we have now lodged with the court. You will shortly receive a copy of the same directly from the Court for completion and return. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed. If you have any questions or wish to discuss further etc etc' Its a form for settlement/mediation I haven't heard anything from the court yet, does it typically take this long? Would I need it? not sure now I've received CCA although I'm not happy that since then they have increased the balance by £484.09 because they applied to the court but I feel if they had responded to my CCA request the first time round and not ignored me then they wouldn't have needed to apply to the court. I had a quick chat to Step Change who thought Bankruptcy was an option but I'm not keen. I can only offer them £3 pm and frustrated about the charges. Is this something the mediation can be used for? Thankful for any advice on how to move forward Puddleboots
  14. No it's a different one Andy, I have many I thought I should start a different thread as I didn't wanted to get the different accounts and advice mixed up. It makes it a bit easier for me to follow then. Hope that's ok?
  15. Thats great, thank you renegadeimp, I've sent off all my c/c's a cca since I fell on hard times. Most have replied and sent a form out with my signature so I just wanted to check this was ok as it is different from the others. Thanks for your help
  16. I received statements' 14 pages of 'Pre- Contract Credit Information' 2 pages headed 'Digital Signature Application details' ....page 1 is address details which include my name, address, application date (08/07/2011) application number, account number page 2 is 'application details' which includes date of birth, income, phone no. email, account number and employment details and approval date.
  17. Could you advise please; I sent off for a CCA request and after a lengthly wait I received paperwork from Vanquis. I'm guessing 'digital signature application details' which has all my details on it including application date and number is what they're supposed to send me? Just want to make sure they've sent me the correct info Thanks
  18. Just wondering, when i send the letter off and it's going to a PO Box, should i still send it recorded? or would proof of posting be ok?
  19. Ok Thanks, I'll get that off today. Sorry the amount is £3565.00 although just looking back on previous letters the amount has changed. When it was with Moorcroft it was for £3903.00. Must be a typo on there side possibly.
  20. Hi, I have a debt for £3,565.00 from a catalogue. On October 2015 I sent Moorcroft a CCA request. They wrote back saying collection activity has been put on hold and they will not seek to enforce payment of this debt until the documentation has been supplied. It went quiet for a while then I received a few random and occasional letters from the catalogue company themselves then I received a letter in December 2016 saying the debt had been sold to Cabot who have sent a few letters. Ive now received a solicitors letter from Mortimer Clarke saying if I don't pay within 14 days from 24/4/ they will start court proceedings. Should I just send them a copy of the letter Moorcroft sent me saying I'm still waiting on the CCA request? Thanks, Puddleboots
  21. Great thanks so much dx, I'll post this on claim line tonight before 12, thanks so much for your help, it really is appreciated......thank you! What is the claim for – 1) The defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxx ('the agreement'). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 26/01/16 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £3,648.12 remains due and outstanding. And the Claimant claims a) The sum of £3,648 b) Interest pursuant to 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.800, but limited to one year, being £219.09 c) Costs 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 noted. I have in the past had an agreement with Vanquish but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 4. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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; c) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. 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.
  22. I hope I'm not too late in posting and someone is about to check what I will post. I've had a look, there's so much info that sometimes I get a bit muddled....I'm quite dyslexic so I find it very challenging to research this kind of thing, I'm at the stage where I'm reading but taking very little in so hopefully this will be ok? No documents supporting the claims in the particulars have been offered and despite my request to*the claimant for a copy of the agreement and full breakdown of the account, sent recorded delivery on*14th October 2015 and again on 9th and19th November 2016 Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the*claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully*particularised defence should the claimant and their representative provide copies of the original*documents he or she will rely upon. Further to the above paragraphs, the defendant is unable to plead effectively or at all. The*defendant is embarrassed.* Statement of truth* I believe that the facts stated in this defence are true. I am the Defendant.
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