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EmSE1

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About EmSE1

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  1. Great, thanks so much to you both! So I do nothing? I filed my defence on the 13th June and the letter from the court acknowledging receipt of the defence was dated the 13th June Seriously, how do these people sleep at night!?
  2. Hi, me again! I have received a letter from Restons in response to my defence, it reads like this: We note you have recently filed a Defence to the court proceedings issued against you. You have admitted within your Defence that the Default notice was issued on or around 09 June 2017. However, you further assert that as it was issued 7 momths after the breach the Claim is still statute barred. You state that the last payment was made on or before 26 November 2010. Non-compliance of the Default Notice is a cause of action, and regardless of whether this was served 7 months after you made your last payment, the limitation period would have commenced the day after the deadline given in the Default Notice to clear the default expired. Therefore your assertion that it was too late is incorrect. In view of the information set out in this letter, we do not believe your Defence has any real prospect if success and we will therefore recommend to our Client that an application be made to strike out the Defence and to enter Judgement against you for the full amount claimed, together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days. So are they just trying to bully me by clutching at straws hoping I will fold?? What are they trying to say where they say..... 'non-compliance of the default notice is a cause of action'? Also I never actually received a Default Notice letter (which they seem to be implying that I must have), I only know the date of the default because it is on my credit file and also Restons confirmed this with me. I received the letter from the court acknowledging receipt of my defence and that Restons had 28 days to respond to my defence. What do I do now, do I ignore the letter from Restons and wait to see if the Court contacts me within the 28 days? Thanks in advance as always!
  3. Hi, I am about to submit the following defence - please let me know if this is correct as the second half of point 3. confuses me (the part which says 'which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts???)...... 1. The Claimant's claim was issued on 15/05/2017. 2. The date last payment made was on or before the 26/11/2010 3. The Default Noticed was issued on or around the 09/06/2011 and served several months after the initial breach thus the cause of action delayed by 7 months and the Limitations period prolonged to 6 years and 7 months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4. Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 5. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant. 6. The Claimant's claim to be entitled to payment of £9,987.14 or any other sum, or relief of any kind is denied. Help!?!? Am I submitting the correct thing? Thanks in advance
  4. Thanks so much both - I will update you with whatever happens next!
  5. Okay, so I am good to go to reply with the defence you advised I respond with?
  6. Sorry I didn't realise that mattered Its a credit card number so 16 digits in this format xxxx xxxx xxxx xxxx Thanks!
  7. Particulars of Claim: The Claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Nov 2003 and assigned to the Claimant on May 19 2015 Particulars a/c no: xxxxxxxxxx Date: 10/02/2017 Item: Default Balance Value: 9987.14 Post Refrl Cr NIL TOTAL 9987.14
  8. Amazing - thank you so much, I will be filing my defence as soon as I get home tonight! I am currently 7 and a half months pregnant and have found this whole process quite stressful, I have been advised by my doctors to keep my blood pressure in check, and this hasn't been helping! So its nice to know I am not alone! These compete cowboys need to be held accountable, I will be making a formal complaint to Restons and the Financial Ombudsman after all this!
  9. Thank you so much for your response! I am 100000% sure the debt is statute barred. I would love to be able to file the SB defence please... .. In the meantime I will call HSBC just to quadruple check the last payment date!
  10. Ahhh got it - court papers are at home, so I will update you with this info this evening!
  11. Sorry I don't understand - what it says on the court papers the claim is for? BTW - I have become confused in my original post - this has nothing to do with MBNA - this is for an HSBC credit card debt and the debt company making the claim is Arrow Global being represented by Restons Solicitors
  12. Name of the Claimant: Arrow Global/Restons solicitors Date of issue: 15th May 2017, I have lodged my acknowledgement of service so have until the 16th June to respond What is the claim for – the reason they have issued the claim? old Credit card debt from HSBC What is the value of the claim? £9,900 plus court costs of £400 Is the claim for - Credit card When did you enter into the original agreement before or after 2007? 2003 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. the claim has been issued by Restons on behalf of MBNA Were you aware the account had been assigned – did you receive a Notice of Assignment? I think the debt has been passed through maybe three debt companies over the last 6 plus years, I vaguely remember receiving letters each time this was done Did you receive a Default Notice from the original creditor? No! I know the default date because this is on my credit report Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Definitely not! Why did you cease payments? this credit card was assigned to my ex husband in a divorce in 2009/2010, there was a court order drawn up stating he was to take responsibility for the debt and transfer it into his name, this never happened because he had such a bad credit rating and HSBC were unwilling to transfer it into his name. He eventually took out an IVA that included this credit card, but nothing was ever paid towards it as with an IVA the first year is the IVA company collecting their fees, he only paid 6 months towards the IVA and then stopped paying them and then eventually moved to Australia about 2 years ago so I can no longer enforce the original court order ordering him to pay this. What was the date of your last payment? around about the 26th November 2010 Was there a dispute with the original creditor that remains unresolved? The only dispute was me telling them this debt didn't belong to me and providing them with a copy of the court order and the IVA as evidence Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I think that should cover it. I have been going back and forth with Restons on this since March this year - I didn't send a CCA request as Citizens Advice advised me to just go back to them with the standard 'Statute barred' letter straight away as I knew this was statute barred.
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