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Vampyra

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Posts posted by Vampyra

  1. OK so what do I do? I was not aware of this and only found out as I was reading last night - this is not my claim as you know.

     

    CCA went on Monday - again my friend just would not get on with it and I have done my best to help. He really does have mental health issues and is very difficult to deal with.

     

    So a defence needs to go in today would you be kind enough to advise me please Andy?

     

    The 3 Particulars of Claim are CA, Letter of Assignment and Default Notice.

  2. Can anyone please advise?

     

    Am happy to draught cpr 31.14 letter and send today but how do I put the defence to the court?

     

    I realise this is last minute but will the court accept that if I can show the letter is sent before the court is emailed and due to xmas holidays, that time limits for accessing information have been compromised by 3 working days?

     

    Just need some advice please.

  3. Just to update you. Not knowing who owns the debt a CCA request was sent to both Experto Credite and HL Legal Collections.

     

    The defence has to be in today. We currently have no reply from EC/HL as they may have only just got the request this morning. However, wanted to ask about a cpr 31.14 request.

     

    Only found out about this upon much reading here over new year. The 3 areas we wish to defend on but have no disclosure are:

    Credit Agreement

    Notice of Assignment

    Default Notice.

     

    Now due to only just finding this out and the claim needs to be in by 4pm, can our defence to the court be;

     

    Account is in dispute under CCA request.

    Requesting disclosure of Letter of Assignment and Default Notice but this is going out today due to Christmas and New Year Bank Holidays.

     

    Really need some help wording the defence as I want to send off a cpr 31.14 but hope it is not too late to do so. My friend has til 4pm this afternoon to email the defence to the court.

     

    Many thanks in advance.

  4. This is a weird one. Some years ago I applied for a ACC credit card. I sent off the info and months later I had a cheque book land on my doorstep addressed to me at some address in North London. But strangely it had had my address at the time written on the envelope.

     

    I telephoned ACC who told me that the card had also gone to this address. I was very concerned and asked them to cancel the card as I had never received it and had never lived in North London. They said they would cancel the card. This was way before I had dealings with CAG.

     

    I have never had a statement nor a letter from them, nothing.

     

    I now have a DCA chasing me for one unenforcable with Halifax which, because I have moved, I have to confirm I live here to do a prove it letter. And now I have them chasing me for £1113.58 of debt I never, ever used. Obviously I did sign an agreement to take out the card, but as I never had the card nor any statements, I wasn't aware the card was even active.

     

    It's one thing getting into trouble with debt, but completely another when the debt is in my name but not mine.

     

    Where on earth do I go from here?

     

    As a mute point the unenforcable Halifax debt is the second one listed dated 17/04/07 and I never had a CA and is no doubt statute barred, as I would think the ACC card is.

  5. Firstly sorry Andy - just trying to sort this.

     

    OK we shall send these off. Sounds like a good thing re embarrased defence.

     

    Which box should he tick on the AoS then?

     

    1 - intend to defend all of this claim?

     

    2 - intend to defend part of this claim - I guess not

     

    3 - intend to contest jurisdiction?

     

    I am really sorry for the panic but as I have said my friend has mental health issues and really cannot cope. I am getting tons of texts every day almost blaming me for it! Par for the course but I don't need that at Xmas.

     

    Thank you all.

     

    Any further advice you can give is most greatfully received.

  6. Thanks Freaky.

     

    Cant post a scanned copy at the mo but particulars of claim are:

     

    "Monies due under a regulated Cradit Agreement number xxxxxxxx

    between MBNA Europe Bank Ltd and the Defendant the benefits of which was assigned to the Claiment.

    The Agreement terminated with the Defendant(s) failure to comply with the terms of the Agreement and/or

    the statutory Notice of Default served by MBNA Europe Bank Ltd.

    The Claiment seeks the sum of xxxxxxx

     

     

    Any payments or queries should be directed to the Claiment's solicitor on 01527 588517 (phone) or 01527 63669 (fax)"

     

    Without giving too much away the claim is over £10k

  7. I am sorry I keep posting but need some serious help here.

     

    My friend needs to Acknowledge Service and I have phoned the court and the scanned form can be emailed in so it will get there for Friday.

     

    The Defence needs to be logged by 2nd Jan. I do not have the time for my Christmas to be taken up with this so really want some help please.

     

    The credit card I think is quite old and should be subject to a CCA request. There will also be huge amounts of PPI to reclaim.

     

    If after we have entered the AoS, can we send a special delivery CCA request to HL Legal so that the defence we can enter before 2nd Jan is that the account is in dispute?

     

    Can we also start PPI proceedings by sending a special delivery letter to MBNA?

     

    I may have won loads at CCA level but I am honestly out of my depth here so need advice. My friend can't cope with this alone.

    Many thanks.

  8. Sorry had to check.

     

    No CCA requested but there is PPI to claim back.

     

    I am sorry I cannot be more accurate as he is sending me copious texts which make very little sense. I have asked if he has a letter of assignment from MBNA but he says he doesn't know. Unfortunately he is a clinical hoarder and he ignores weeks of post.

     

    If I can buy him some time then we can deal with this without the panic of Christmas.

  9. My friend is actually going off his head with worry over the CCJ but has some mental issues. He cannot cope with even trying to get the paperwork together. He must answer a credit card CCJ before Friday. Does he acknowledge it but deny the debt or what should he do? Just having dinner so will post extra stuff later if needed.

     

     

    Thank you in advance.

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