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About mowbli

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  1. I sent letter to sols advising them that I had discovered the CCJ against my old address and provided them with my correct address. They replied to say that they will begin enforcement action on the CCJ in 14 days. The 14 days is up and I have not received a reply to the SAR request sent to Barclaycard yet. If they start enforcement action, I presume I will receive something from the court to let me know and respond? I'm happy to wait until the 30 days has lapsed for the SAR request, I'm just concerned that the sol will start enforcement action and wh
  2. Great, will get SAR off and come back when I have something (or the time runs out!)
  3. Is there a danger that any delay in applying for a set aside will reduce the chances of it being successful even further? Should I therefore do both at the same time?
  4. Thanks dx. Would I not SAR Asset Link Capital as it was assigned to them in 2016 (according to the POC)? To provide some context, I'm familiar with attending hearings etc and have fought and won a couple of battles. I don't mind risking a couple of K in extra costs to give it a shot but I need to feel that there is at least a chance of success. The card was originally an Egg card taken back in 2000 and then sold to BC who then sold to Asset Link Captial (no5) Limited. When I did a CCA request to BC back in 2015, they provided reconstituted T&am
  5. Thanks to both of you, I've PM'd Ericsbrother. dx - I wonder if you would be able to suggest a couple of hypothetical basic defences that you think would be valid (just to see if it sparks any thoughts of a different approach I could take)?
  6. Thanks dx I really appreciate your input and will be making a donation. Other than the £255 fee, do you have any idea ballpark what I might stand to lose if the application to set aside fails? I know there will be costs awarded against me but have no idea whether they are likely to be in the 00's or the 000's! I'm sorry to labour the point but I don't understand the distinction between the basic defence I would use to set aside and the defence I would use at a rehearing? Wouldn't they be the same ie. no agreement exists?
  7. I did have a mail redirection on for 6 months, I left the address in Aug 2018. I was registered at my current address on the ER from then until now. They must have sent the court paperwork back in Feb so pre-Covid Defence wise, I must have mis-understood my options. I thought I would be able to defend it as if the case had been reset ie. was just planning to deny para 1 of the POC and ask them to produce the agreement that I apparently signed back in 2000? I'm more hoping in reality that a set aside application may trigger them to negotiate and then subject to a su
  8. The CCJ on my file will be a problem for future job prospects due to the industry I'm in so there is a need to try and get this removed if at all possible. If I can get it set aside, I'm confident that they will never be able to produce a signed agreement from back in 2000 (think it was probably a tick box online) and at the moment, they think it was a Barclaycard debt, not an Egg one. The original debt was just over £8k then they have added 8% interest since it defaulted which has taken it over the 10k - does this have any bearing on the allocated track? My
  9. I agree that with it being above 10k it's high risk. Could you just clarify what you meant by 'they've not pulled your chain as they easily could by looking up your correct address on your credit file. so i'm in two minds here.'?
  10. Thanks dx100uk. I didn't write to them if I'm honest because I'd written them off in my mind in 2015. How long would someone be expected to continue to write to creditors when a debt is disputed? I was under the impression that it could be set aside on discretionary grounds if 'the defendant has a real prospect of successfully defending the claim'? With it being £10k, do you think it is worth the £255 application fee or is it a complete waste of time?
  11. Hi all On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states: The particulars of the claim are: 1.the claimant claims the whole of the outstanding balance due and payable under an agreement referenced 4929107******** and opened effective from xx/xx/2000. the agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant 2.the defendant failed to make payment as required and
  12. Do you think that will invalidate the DN? According to the transaction list they sent in their court bundle, the account appears to have been closed on the 16th July even though the DN gave until the 29th? I've attached the transaction list, do you think this is worth adding into the pot?
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