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Everything posted by spesh88

  1. Yes it is like that on the claim form, but on MCOL it just lists the total amount. So, I assume it is entered incorrectly by them?
  2. I have done the acknowledgement opf service on MCOL. But my debt is for a credit card - isn't that for current accounts?
  3. However, on MCOL it is listed as the full amount, circa £13k. So still small claims track?
  4. Thanks for the input - but now I'm really unclear. Robins*nWay stated that if they agree to a settlement figure with me over the phone that they would consider the debt zeroed and it would not proceed to court. Is this possible? And if so, would this still result in a CCJ?
  5. Thanks for the feedback - details requested are below. Name of the Claimant: Hoist Portfolio Holding 2 Limited Date of issue: 25th March 2016 Particulars of Claim: 1.The claim is for the sum of £9k [approximately] in respect of monies owing under an Agreement with the account no.XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by Bank of Scotland plc (Ex-Halifax) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £9k [approximately]. 2. Interest pursuant to s.69 of the County Court Act 1984 at a rate of 8% from the XX/03/11 to the date hereof 1839 is the sum of £3.6k [approximately]. 3. Future interest accruing at the daily rate of £2 [approximately]. 4. Costs Value of the claim: £13,200 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? I have a letter stating I was approved for the credit card dated 25th July 2006 and first statement shows a balance transfer in August 2006. 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. Hoist Were you aware the account had been assigned – did you receive a Notice of Assignment? 12/2/13 – Letter from Halifax stating transferred to iQor Recivery Services. Nothing specific to Hoist or Robins*nWay. Please note that I have moved address several times during the past 10 years. Also, the account appears to have gone through at least 5 different collection agencies. Did you receive a Default Notice from the original creditor? Yes, XX/09/2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of. I did receive to my current address a letter from Hoist that included a “Statement of Account” in Aug 2015. Why did you cease payments? Extreme personal and financial difficulties and working abroad. What was the date of your last payment? £10 received in May 2012 (arranged), possibly to Apex Credit management. Was there a dispute with the original creditor that remains unresolved? Not that I recall currently. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, possibly on several occasions. Last known was £10 PCM Apr, May, Jun 2012. --- I am very concerned that defending against this may result in liability for the entire £12k, whereas if I were to consider the debt my own and make an offer of settlement, it would in all likelihood provide an opportunity to settle for much less. What is the basis of defence and how realistic is it to win when this is over £10k and I have no legal knowledge?
  6. Hello. I’m trying to stay calm, but pretty in reality I’m quite distressed right now! I recently opened two letters, one from Howard Cohen & Co. and the other from The County Court Northampton. Essentially I have received "Notice of Pending Legal Action" (dated 8th March) and the claim form from courts (dated 25th March). I want to avoid getting a CCJ - it appears my only option is to settle with Robins*nWay. Is this the case? After speaking with their "litigation team" I was informed that I can make an offer of settlement and if they agree to reduce the debt to £0 this will mean no CCJ against me and a "partially settled" on my credit file. They require me to go through my income and expenditure with them over the phone in order to come to a decision as to whether my offer will be accepted. The debt is around £12k - originally around £9k, but they are asking for an additional £3.5k interest. My questions are: * It would seem I still have 7 days before I need to reply to the court order (therefore deadline of Wed 13th April) - is that correct? * Do I have any other options? I took the original debt out (Halifax CC) in July 2006. * If I do make an offer, what sort of % should I be considering? And of the debt or debt + interest they are claiming? * How can I ensure that this is considered “full and final” and they will not/cannot therefore continue through the court for further money and me receive a CCJ anyway? * How bad is “partially settled” on my credit file? I assume it is much better than a CCJ! It's worth mentioning that I have about another £15k of debt besides this, so bankruptcy is a consideration for me; I know this will supersede the CCJ if I go down this route, but I would really rather avoid bankruptcy. Any and all help/advice appreciated!
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