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Dolly22

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Everything posted by Dolly22

  1. Thank you. That helps me understand it a lot better.
  2. Thank you for posting. I took the account around 2011/12
  3. Thank you Andy. Can they actually proceed with this, I mean is it worth their while when they have not complied with my CPR request or even the CCA request I made before they started with court action. Do they not have to at least comply with the CPR request to be able to proceed. The only paperwork they have attached to me is a reconstituted Shop Direct catalogue account showing money owed but to a catalogue called Index Extra, I never had an account with Index. The Notice of Assignment is also not something I've ever seen before and looks as though it was printed off and back d
  4. Today I have received the Notice of Proposed Allocation to Small Claims Track with a N180 form. I'm unsure of where I stand now as I didn't believe they could proceed without the correct evidence. They still have not complied with the CPR request or the original CCA request. Can I have some advice please. A voice of experience would be a great help.
  5. Thank you Andy. I truly appreciate you taking the time to respond. You confirmed what I thought. I think I'm starting to understand how all this works a little better now.
  6. Thank you for reading through and replying. Is it more than likely they are bluffing with there intention to proceed. The Notice of Assignment they have sent me I have never seen before and I believe they just put it together and printed it off backdated. They still have not produced a CCA or any kind of true paper trail to show the debt is mine and it is now owed to them. If they are not bluffing and will proceed surely as it stands at the moment it cannot be ruled in their favour.
  7. Some Advise Please. I entered my defense on time as advised, it was I the Defendant contends that the particulars of claim are vague and generic in nature. I the defendant have in the past held accounts with Shop Direct Finance Company Limited however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of CCA 1974. In relation to the specific allegations a CPR 31.14 request was also sent 26th June 2015 and although receipt of the request has been acknowledged by t
  8. Thank you. I got my head in a spin over the dates but that makes it clearer.
  9. Yes I have and thank you for asking. There's a lot to read through but I think I'm making progress slowly. Helps that I've got abit longer now to get it ready as I had convinced myself I only had until Monday.
  10. Sorry you did make it clear, I am dyslexic which for me means I struggle with what I read especially when it's on a tablet screen, I could use my computer which I have a color filter for which helps but my computer does not have auto correct for my spelling. My mistake was thinking the 14 days to submit my defense started when I acknowledged the claim. Again I am sorry, I realise how busy the people that help on here are.
  11. Hi citizen B I hope you don't mind me asking. I feel a little out of depth and I'm trying hard to absorb as much info as I can and I think I've got a little confused. Can you clarify for me please, I acknowledged the claim against me using the MCOL gateway last Monday evening the 29th July is my deadline to submit my defense 14 days from that date or is it 25th July taking that date from the timeline you kindly worked out for me in the above quote.
  12. Thank you nunnyrose. I think I was in a panic at the time and focused more on "the first thing you need to do is acknowledge the claim" part of the advice. Reading it again a later I can see I didn't need to do it so soon.
  13. I acknowledged the claim last Monday evening. I believed I then had 14 days to submit my defense. Have I got that wrong ?
  14. Thank you for the reply nunnyrose. The main part of my defence was they have not been able to prove the debt is mine. They have put my file on hold while they try yo obtain the documents to prove that the debt belongs to me, is there a set time limit or can they put my file on hold indefinitely. If I submit my defense now and not in a week just before the time is up what is likely to happen next ? When I've tried to search the answers myself I find confusing or conflicting advice. I never believed myself to be stupid but I'm really struggling to get my head around how this all works.
  15. Can someone please help me with some advice. I acknowledged the claim against me last Monday so I have until this Monday to submit my defense but is there something I should be doing now. BW legal received my CPR request 7 days ago tomorrow and have replied with my account is on hold while they try to find the requested documents but Is there something I should be doing. Should I be sending them a failure to comply letter. Please if I can be pointed in the right direction, I've tried looking myself but I'm finding hard to get my head around everything.
  16. Thank you. Are BW legal working to a deadline now or can they put a hold on this indefinitely.
  17. I sent the CPR letter on Monday morning and registered with the MCOL the same day and acknowledged the claim. I haven't done any thing since but today I received a reply dated the 1 July. It's very short but word for word reads We refer to the above matter and your letter dated 26 June 2015, the contents of which have been noted. We can confirm that we have received your previous correspondence and responded to you on 23 June 2015. We have requested copy documentation from our client and our file remains on hold. We will contact you further in due course. Yours faithful
  18. I just received these 2 letters from bwlegal. From their advice on what I should do next, which is to phone 1 of their friendly representatives to arrange an affordable repayment plan. Im guessing you were correct Andy and they do not actually have anything to support their claim against me. Again thank you. I will be back once I receive a reply to the CPR request.
  19. Thank you Andy. I will do that and post here when I receive a reply for the CPR 31.14 Thank you for helping to see this with a calm head. I hope you have a good weekend, lord knows you deserve it for the work and effort you put in on here.
  20. Thank you Andy. When this court letter arrived yesterday I felt sick and panicked. Your calm approach has put me at ease and I can't say thank you enough I never offered any proposals or payment and when I sent the CCA request I denied all knowledge of the debt, I thought it would allow me a better position when it did come to negotiating. I will print out the CPR request when I'm in work tomorrow and send it off recorded delivery. I will wait until next week to enter my plea with the intention to defend all. Is the basis of my defense is that they must prove the alleged debt is mine
  21. Thank you so much Andy, it's a little clearer now. They did send me a Notice of Claim letter but it only gave me 11 days including 2 weekends from the day of receipt to act. Should I still send them a letter noting they defaulted on the CCA request or does that not matter any more. What do I do first. The CPR letter or contest the claim and defend all plea. As I have 2 weeks to enter a plea is it better to not rush in and use the maximum amount of time allowed. In your experience of these matters. If everything goes against me will I be ordered to repay an amount that isn't reali
  22. Thank you Andy. If you can, could you help me a little further as I'm really struggling to get my head around this. I don't quite understand everything. I originally requested the CCA as I wanted to buy some time and arrange to repay on my terms with an agreement I could afford. That seems to have backfired as they have ignored that request and immediately sent these court papers. I have now completely lost the opportunity to negotiate a repayment agreement. What's likely to happen now. I have 2 small children at home and I have some debts I'm repaying that I have not defaulted o
  23. Thank you. Forgive me for asking what might seem obvious but this is all very alien to me. If I defend all will it be guaranteed to go to mediation. My options on the back of the court letter include the option of agreeing but asking time to pay As I've not been advised to take this option is that because they will not try to reach a amicable agreement with me. Again thank you for trying to help me.
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