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  1. Hi all, Hopefully someone can give a bit advice, unfortunately due to a mistake on my part i have ended up in arrears with a finance agreement through Thinksmart for a computer obtained at PCWorld. Shoosmiths who suggest that they are solicitors acting on behalf of Thinksmart although i believe they are connected have been in touch and i have communicated back via email. The debt is not huge at all but at this time of the year it can be difficult to pay back in on go. I will post the email conversation below in the hope that someone could advise how best to respond to their final email: Me to Shoosmiths: Dear Shoosmiths, With reference to the agreement number: ****** and your Ref:********* I received a letter from you stating that i am in breach of agreement and in arrears by £162.45. On checking with my bank i can see that the direct debit has indeed not been paid, i will be contacting the bank in the interim to ascertain why this has happened. I appreciate that i should have looked at correspondence from Rentsmart and that has been an error on my part thinking that it was marketing material. In order to move forward with this and with consideration that the agreement is due to end soon anyway I can offer the following as a payment plan: Friday 22nd December £60 Friday 26th January 2018 £100 Tuesday 27th February £100 This should ensure that any arrears and any due payments are finally covered. Please can i request any communication be via this email address. I look forward to your reply. Shoosmiths reply (prior to this was request to confirm address): Dear ........, Thank you for your prompt response. I must inform you that you have a further instalment falling due on 15 December 2017 in the sum of £34.15. This will increase your arrears to £196.60. My client have instructed me to terminate your account on 19 December 2017 if your arrears have not been cleared in full. I can see your proposal below shows your first payment proposed to be paid on 22 December, my client would be looking for a token payment before then to show a goodwill gesture if they were to agree not to terminate your account. I would also need a reason as to why you are not in a position to clear your arrears in full before 19 December 2017 so that I can validate the hold on termination. I look forward to receiving your response. I have formally agreed to hold your termination, I must inform you that your account is at risk of being terminated on 19 December 2017. Kind regards I'm not really in a position to make an additional payment now and my original offer was looking to include any upcoming payments, i also believe the agreement is due to end soon anyway which i need to check on, any thoughts welcome.
  2. Hi All, New to this forum, i have an issue with which i need help. I've tried to convey the situation as best as possible below, please let me know if more detail is required. I was in a debt management plan some years ago which had some unpaid loans. The Debt management company referred their inhouse partner (Priestly crowe) to check for PPI. Being a bit young & dumb i agreed to this and the charges. As the loans were still outstanding, the PPI which was 'claimed' was taken from the debt instead of being paid in a cash sum. I instead owe the money to Priestly Crowe. They were paid on a monthly basis the fee which i owed. Last year (October 2016) my debt management company ceased trading, i dealt with all debtors myself. I sold some belongings to have enough cash to pay everyone what was owed. However i could not get hold of Priestly Crowe. Their contact details had changed and i did not have the new correct ones. Fast forward to about February this year and i received a call from them. I asked them to send our paperwork for money owed so we could get a payment plan sorted. No post or no news. The same happened in April. On Saturday i received post from the CCBC Northampton about a CCJ that had been instructed by Priestly Crowe. I have subsequently settled the payment as i did not want any financial implications to affect my current credit score & status. Seeing how long the CCBC take to do anything, i knew i was on a short time scale to get this processed. I have questions about the process & where i stand: 1) I was told the claim pack had been sent from the court, but i have not received it. They cannot provide me with proof - only that their system shows it was sent on the 12th August. - Do i have any leg to stand to make a claim from Royal Mail? I have lost 3 weeks of time to defend my case & check the facts were all correct - debt & amount owed. Plus to now defer the case would have cost a further £255 for which i would not have been able to claim back, if i was defended correctly. 2) Priestly Crowe LLP - Regulated by the FCA. Should they/did they need to contact me prior to taking this action? Are they obliged to show the court any proof they have attempted to contact me/show i've refused payment prior to getting a CCJ? Or is simply their 'word' enough to get this processed? 3) I have asked for my history/paperwork from Priestly Crowe to check the contract, payments & the amount owed is correct. If it isn't, am i able to process a counter claim for this amount? Small claim court, CCJ . . . etc I hope i have covered all bases here and given enough information. If not, please ask away and i will reply where i can. Thanks in advance, J
  3. Here's my summarised situation. I'd like any advice on how I should proceed now. Took out a Credit Card with MBNA in 1999 Through their unscrupulous lending, my own stupidity & intermittent mental health issues, I ran up a debt that I couldn't pay off I started to have problems meeting my minimum monthly payments in 2010, and requested a temporary interest freeze when it got really bad (thought this was 2011, but now realise it was probably 2012... further explanation below) to help me to sort our my finances. This request was ignored. After several months I stopped paying anything and prioritised other debts. Eventually defaulted in 2012 I started to get harrassed by Aktiv Kapital Over time have now been chased by PRA, another couple of agents and back to PRA At one stage, not sure when but probably 2012/13 I requested proof of the debt being owed to Aktiv Kapital/PRA?, and didn't receive that proof. At the time I downloaded a template letter to send, but not sure where from, but it included the sentence about not admitting to the debt. Due to not receiving the proof requested I didn't enter into any communication with any of these companies again. PRA continued to harrass me. I wouldn't hear from them for months and would then be bombarded with telephone calls as well as letters. I didn't answer the phone to them or respond to their letters. Over time they have offered a discount on the debt several times In June 2016 they advised by letter that they were considering passing the case to their Scottish Solicitors I received a letter from Brodies LLP in July 2016 stating they had been instructed by PRA to pursue recovery of the debt and threatening court proceedings. I panicked! I was convinced at the time that it had actually been in 2011 that I had last communicated with the original lender and sent a Statute Barred letter. I heard nothing back and when a couple of months passed with no communication I thought I had heard the last from them. On Saturday I received a letter from Brodies again (6 months later) which included a copy of my original Credit Agreement and copies of the final few months of statements of my account with MBNA showing I made a payment in August 2012. This letter states that "To avoid this matter being passed to our Court Action Team, you are required to pay the Debt or contact us to discuss a suitable payment arrangement not later than 2 February 2017" The amount of the debt being chased is £5781.16 Are they allowed to only give 4 working days for me to contact them? Are they allowed to come back to me after 6 months of no communication? Am I entitled to request proof of ownership of the debt by PRA? Should I contact them tomorrow? I am not in a position to pay this amount. Part of me says, I borrowed the money and should accept that it eventually needs to be paid. However, if there are any loopholes I can use to my advantage then I'd like to try to use them, as for the first time in 20 years I have all my other debts under control and can't believe this has come back to haunt me. I've tried to read as much as possible on other threads, but got really confused by some of the terminology being used, so apologies if I should have been able to find my answers elsewhere.
  4. Hi guys, been dealing with Capquest via Shoosmith. Sent CCA requests to Capquest via Shoosmiths as you can see. Even though they said no further legal action would be taken I went to court to day regardless after sitting like an edjit for several hours I went an spoke to a clerk. Turns out Shoosmith changed the hearing dates on the 20th January to 29th April and I've never been informed! At the current time I have yet to receive any documentation in regards to the CCA request yet my request has been acknowledged. Why has Capquest added £186 onto this account since last month? Why is Shoosmiths still taking me to court even though they said no further action will be taken while Capquest is "investigating"? Sorry this is meant to be the 25th not 29th.... And dont know whats going on with post images, was having bother adding them.
  5. Hello, Can you tell me how can i register as a sole trader while in the same time I'm a LTD company director and a LLP member? It seems to be a problem through the HM R&C online service or I just can't find the answer... Looking forward for all your help
  6. Name of the Claimant ? Hoist Portfolio Holding 2 LTD Date of issue 02/11/2016 Date to acknowledge =20/11/2016 Date to submit defence = 4pm Friday 02/12/2016 POC 1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account number xxxxx pursuant to The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex HSBC) 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. 3.The Claimant claims 1.The sum of £4900 2.Interests pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300 3.Future interest of accruing at the daily rate of £1 4.costs What is the value of the claim?£7800 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? Pre 2007 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? could no longer afford to maintain What was the date of your last payment? 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes In 2012 I requested my CCA, they returned to me only generic docs, with no signed application or agreement form. I will send off tomorrow for CCA and CPA? Thanks
  7. Hi, Could you help me with a Northampton county court claim dated 13 sep 2016 which is for £935.50 + interest. I have acknowledged it online and the issue date is 13 Sep 2016. Claim History A claim was issued against you on 13/09/2016 Your acknowledgment of service was submitted on 22/09/2016 at 20:20:43 Your acknowledgment of service was received on 23/09/2016 at 08:01:36 I want to dispute the whole claim which I have told the court online as im not sure about this credit card or when it was taken out as at that time I had so many debt but im not sure which one this is. Which forms do I need to send off to the claimant and the solicitors. CCA and 31:14? Any help will be appreciated.
  8. hiya all. just got a letter from PRA group about a debt i have of roughly 2 grand. they are saying they are going to get brodies LLP scottish solicitors on to me (im in glasgow, scotland) im wondering what powers these people have - i.e. do they have any right to come to my house and seize goods? under scots law. im sure only sheriffs officers have the right to come on to my property under scots law. i know that simple debt collectors are trespassing by coming to my house just not sure where i stand with a local solicitor. thanks for any reply's! i will re - phrase that - who has the right to come on to my property? in scotland.
  9. Upon checking the new FCA Public Register which is listing "Interim Permissions" in its transitional role from the OFT, I find that Hoist wildcard returns 4 results : Hoist Portfolio Holding Limited (Registered in Jersey C.I.) - IP CANCELLED Hoist Portfolio Holding 2 Limited (Registered in Jersey C.I.) - IP CANCELLED Hoist Kredit Ab (Presumably Swedish Parent Company) - IP CANCELLED Hoist Finance UK Limited - Reference Number 661621 - IP ISSUED Having received a letter from Robinson Way (As we know now owned by Hoist Finance UK Limited) they state that they have purchased an account from MKDP LLP (Compello - Hoist Director is director of Compello also). They state quite clearly and unambiguously that the alleged new beneficial owner of the account is Hoist Portfolio 2 Limited, who clearly are not registered nor authorised to engage in CC activity, and as such cannot legally instruct their associate company Robinson Way to attempt any form of recovery on their behalf. This latest threat to the consumer has all the hallmarks and modus operandi of the last bunch of cowboys who fought their corner for so long and then voluntarily surrendered their licences. I'm not mentioning names, but everyone knows whom I'm referring to. This is now the same old story, one director pulling the strings with an absolute labyrinth of companies who are nothing more than a file on a shelf and a brass plate on an accountants door, representing the fiddles of the strings. I'm making it my business to enquire with the FCA as to the status of Hoist Portfolio 2 Holding Limited just to see and hear from them directly their legal status. They would probably just BS consumers and say "oh well we're all part of the same group" blah blah blah - now where have I heard that before - sounds familiar. Would appreciate all your comments on this matter. Ive been in Court before with people as a MacKenzie Friend against the last mob who tried to collect accounts whilst unauthorised and tried to wriggle with intertwined companies. The Judge generally sees right through it.
  10. Evening Folks, Apologies if this is in the wrong section, if it is could the mods kindly move it. I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015. Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this. The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years. I would greatly appreciate any help to urgently deal with this. Many Thanks G__M
  11. Hey there, I have been an avid reader of these forums for some time but never had anything of relevance to contribute until now. I have received a CC from the Northampton CCBC and below is the current status. Received a claim? Yes Issue Date: 21-5-2015 Amount approx: £528.59 Claimant: Cabot Financial UK Limited Solicitor: Weightmans LLP Original Credit: Vanquis Particulars of Claim: 1. The Defendant entered into a credit agreement described bt the original creditor as VANQUIS-CREDIT CARD and having account number XXXXXX ('The Account') 2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3. The Defendant is indebted to the Claimant in respect of the account in the sum of £528.59 4. The Claimant claims the said sum of £528.59, plus costs. Stat Barred? No I have done the following and provided a timeline as I know I am time limited by the court procedure. Time line 25/05/2015 - Received CC from Northampton CC Business Centre 25/05/2015 - Logged on to MCOL and acknowledged and disputed the claim 29/05/2015 - Wrote and sent a CCA request to Cabot requesting a copy of the original credit agreement. 01/06/2015 - Wrote and sent a CPR 31.14 request to Weightmans LLP requesting a copy of all documents they have regarding this case. 03/06/2015 - Received letter from Cabot Financial stating that they do not have the documents on file and will take approximately 40 days. 05/06/2015 - Received letter from Weightmans LLP stating they have requested the documents. So in summary; sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request Other info: I don't have any knowledge that I can recall ever taking out a credit card with Vanquis. However I have checked my credit file. According to the records, it was started on 08/05/2007 and they are on there as a default since 31/03/2010I have attached all copies of documents I currently have. Any advice, hints tips etc... would be very much appreciated. [ATTACH=CONFIG]57941[/ATTACH][ATTACH=CONFIG]57940[/ATTACH]
  12. Hi, I have just found a website for the above company which looks interesting, does anyone know anything about this company please e.g. what is their reputation like and do you know anyone who has had any dealings with them? Thank you Maybe
  13. Hi, I hope that you can help me - I have read down a number of the DVLA LLP threads, but wanted some clarification if possible. Background is - purchased car mid-last year. Trader sent off the V5, but have the green slip. Tax ran out at end of October. Had letter through the door addressed to my name, but not my address - different house name (same house name as road name) from DCA stating not taxed, so LLP of £80 to pay. Subsequent search of car documents (as couldn't remember reminder coming and knew hadn't had car for 1 year) shows no V5 or reminders. Car is MOT'd and insured in my name at correct address (always has been) - details which I know DVLA have access too. Appears that is DVLA data entry error - as either entered wrong house name or if no house name on V5 from trader (didn't see it as with DVLA for cheirshed plate transfer at time of sale), then surely should have contacted previous owner for clarification as not complete details provided? I know I should have realised not had V5 etc., but I genuinely didn't. Planning to ask Postman why delivered this one to my address (different to envelope) and ask other house owners if received any DVLA letters and whether sent them back to Postman or DVLA as not at this address (would have been V5 plus a number of reminders) or just binned them. If you got this far, then thank-you and what is my best course of action?
  14. Hi all I received a claim form dated 20th Mar 2015 in the County Court Business Centre Northampton. The claimant Cabot and Solicitor Weightmans LLP for a Capital One Credit Card defaulted on. On the 30th March online with MCOL I filed an acknowledgement of service that I intend to defend all of this claim. With work, family and illness it has now I believe gone past the 28 days to file a defence. Is it too late to file a defence now? Having had chance to read this forum is it too late to send off the CCA and the CPR31.14 now? I really do need some advice quickly. If anybody can help it would be appreciated Thanks
  15. Hi Received a statement from MKDP today for a statute Barred Debt. In June last year before the statue I sent a S77/78 request along with the £1.00 Postal Order clearly stating it was for the Fee incurred and not to be used for anything else. I didnt receive anything from my request. On their statement its gone down as payment received!!! The Debt was statute from Feb 2015 I thought this wasnt allowed??? Hadituptohere
  16. Hello everyone sorry to bother you all I've been searching online and have come across this amazing site and fingers crossed I'm hoping someone will be able to help and advise me on how to proceed with a CCJ that I've just had put onto my credit file. The debt is for £3300 and states the judgement date was 26th January 2015 but was only added to my credit file yesterday. This debt is for a very old HSBC bank account debt that went into default on the 5th November 2009 for £3145 and now looks like MKDP LLP have purchased the debt I've heard nothing from them at all and moved into my new house in july 2014. so would not have received any court papers. I'm just looking for some legal advice on what id need to do to get this sorted it was due to come off in November this year so they got in before the 6 years and i can't afford to have this on my file as I've been trying so hard to sort my life out and it seems everything is now coming back to bite me I have also noticed a new company have applied a default to my credit file called MYJAR for £692 it looks like its for a old payday loan from txt loan from 2012-2013 again in my old address but i defaulted 2-3 years ago and its only just been put on my credit file and the default date is missing is this allowed as its showing on my file as if I've only just started missing payments ? Any help would be amazing and id be very grateful
  17. I have received a letter today Dated the 10th of march. Claiming that I have "failed to make repayments as ordered by county court judgement" and stating that i am now " in arrears with the order in the sum of £***.**" I have been given instructions to make payment immediately to bring the CCJ order up to date and prevent further enforcement action being taken against me. they have given me this web URL www dot bryancartersolicitors dot co dot uk and this phone number 08458396157 Apparently their client has instructed for them to take further enforcement action if i do not pay the arrears or contact them within 7 days . They have then listed what this enforcement action may include; Warrant of control, Attachment of earnings, Charging Order, Order to Attend court for questioning. Their client is apparently Lowell financial limited The brand/ product is Vodafone I can provide the account number if needed and the claim number also. They have also given me a reference number. Any advice would be greatly appreciated as I'm very naive with this sort of thing and want to get as clued up as possible before throwing the book back at them so to speak. What should be my first actions and who should I contact as this is the first I have heard that i owe anybody any money and have read some reviews on these people and none of it has been good? Thank you in advance. Al
  18. I have received a claim form from Northampton CCBC as per below on Friday. I'm unsure what to do with this, the form states If you agree and are asking for time to pay then send this direct to the claimant and not the court as this may result in a judgement against you, does this mean if I make a deal with MKDP LLP then I will not get a CCJ? It's a long story of how I ended up with this debt but the short version is that in Jan 2008 I was out of work for 3 months, my overdraft facility was £1000 which was maxed. .. I had secured a new job but needed another £500 to see me through until the first payday, they refused of course.. . I moved bank accounts and didn't pay off the £1000 owing due to servicing other priority debts. I'm almost there out of my debt mountain, I have paid off everything other than the car which finishes in June and was hoping to buy a house in 12-18 months time but getting a CCJ now will end up with me getting a high rate if anything at all making it unaffordable. I think this may be more than 6 years old but have no way of proving this.. . the bank may have kept the account running for a good while as the £700 of charges must have taken a while to accrue. Do I contact them and try to make a deal? In all honesty it galls me that they have probably bought the debt for buttons and I'd like very much for them not to get a sausage, call me niave but if it was Lloyds themselves I'd offer to pay them back the grand (in bits) that I do indeed owe them but not this lot. I have seen a number of wins against them on various threads but don't know where to begin? Can anyone please help? Claimant MKDP LLP FLEMING HOUSE SEEBECK PLACE KNOWLHILL MILTON KEYNES MK5 8FR Defendant my name spelt incorrectly (does that matter?) Correct Address Particulars of claim The claimant claims the sum of 1,722.94 being monies due from the Defendant(s) to Lloyds Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 20/06/2014. The defendant(s) account number was (14 digit number... seems too long to be correct?). It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC. The Claimant claims the sum of 1722.94 and costs. The Claimant has complied, and as far as is necessary, with the Pre-Action Conduct Practice Direction. Sorry I forgot to add that I opened the account in 1998.
  19. Hi there, New posting here. Firstly, I hope I'm in the right place for this and if not would someone please let me know? I am discussing this on behalf of my wife who has today received a court summons for a debt accrued under Vanquis Bank, now owned by Cabot Financial and they are suing via Weightmanns LLP, Liverpool. The total value of the debt (which includes their costs is just over £2900.00). Now, I recall my wife having some difficulty with Vanquis re a charge they administered to the account and there was some fallout, I don't know the exact facts and she's in such a state I can't find out. The long and short is, can anyone help / assist with this.... I know if there is a debt and it has been paid within 6 years then they have every right to go ahead and take you to court. I suppose what I am asking is there any way that we can prove they have not followed procedures, I know that she hasn't received mail from Weightmanns but has from Cabot but filed it suitably! If anyone can help we'd appreciate it. Cheers, C
  20. Hello, I received a claim form from MKDP LLP dated 10.12.14. I have responded online intending to contest the claim. Just to give a little background of the debt as far as I recollect. I was having a temporary financial problem around 2010 and missed a payment or two. I later called barclays to make some payment. They asked if they should set up a direct debit on the account I paid for and I said no. I told them I will always make a telephone payment until my situation changes. A month later, I wanted to use the card and was told the little money I believe was in the account was gone. I found out that a company by the name Mercers had taken money off my account. I investigated this and found out that it was a company that assist Barclaycard to collect their debt. I called barclaycard and told them that my right has been violated as my account details should not have been passed to a third party which went ahead to take money out of my account without my permission. I sought compensation but they refused. I told them I would not make further payment until the issue is resolved. There were a couple of back and forth telephone conversations and I stopped hearing from them until I got this claim form from MKD LLP. I am at the moment a full time masters student at the university and have no income at the moment. I called MKDP LLP and offered to pay £1000 as a final settlement. I told them I intend to get the money the only credit card I have which has a limit of just over £1000. They refused and demanded a settlement of £1600 instead. I told them that apart from the fact that barclaycard violated my right, I do not believe I was owing that much. I have not made a formal defence and don't know how to go about it. The whole issue is overwhelming as I have exams coming up at the end of the month with loads of assignments before then. Any advice will help
  21. To my dearest CAG friends, I hope you are all well. It has been a lifetime since I have been on here for advice. I have some very dear friends (Mr & Mrs W) who are in desperate need for some help. A DCA, MKDP LLP are chasing funds (of less than £1000) for a credit card balance. Reading through their paperwork (in my limited knowledge) Mr & Mrs W may not have followed the procedure correctly in replying back to court documents. Let me give you a brief overview. Debt was assigned from HSBC to MKDP LLP on 13 March 2013. Mr W requested a copy of the signed agreement from them. One year later (12 March 2014) an ineligible copy was finally sent through which was a copy of opening a bank account not a credit card. 29 May 2014 Claim form received from Northampton County Court Business Centre POC reads: The Claimant claims the sum of £xxx.90 being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 13/03/2013. The Defendant(s) account number was xxxxxxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank plc. The Claimant claims the sum of £xxx.90 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. They did not complete the AoS instead they replied with a letter dated 14 June 2014 with the following: Dear Sir/Madam, With reference to the above, I can see that there is nothing for the Court to deal with as I have said that I would be happy to pay upon proof of the debt which MKDP LLP have failed to provide. 16 July 2014 Mr & Mrs W received Notice of Proposed Allocation to the Small Claims Track which said the following: TAKE NOTICE THAT 1. This is now a defended claim. 2.It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Direction Questionnaire (Form N180) and explain why. 3. You must by 4 August 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. 24 July 2014 Mr & Mrs W received from MKDP a copy of their Directions Questionnaire where they requested Settlement/Mediation. 6 August 2014 Mr W received a General Form of Judgment or Order They had failed to file the Directions Questionnaire with the courts. They duly completed one on the 13 August and hand delivered it to the Courts. 16 Sept 2014 Mr W received a phone call from the Mediation department. Mr W disputed the debt saying he was waiting for a copy of the credit card application. Mediation department said they would go back to MKDP to request said form. MKDP told the mediation department they were in possession of a document with a date stamp (1996) which did not require a signature from the bank. The conversation ended with a 'see you in court.' 26 Sept 2014 Mr & Mrs W received a Notice of Transfer of Proceedings stating to all parties, This claim has been transferred to the County Court hearing centre listed below for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. 12 November 2014 Mr & Mrs W received a General Form of Judgment or Order stating: Before District Judge xx sitting at the County Court... UPON considering the file and there being nothing like a defence document filed IT IS ORDERED that:- 1.The defence is struck out 2. The Claimant may enter judgment forthwith without further order 3. Any party affected by this order may apply to have it set aside or varied or stayed such application must be made within seven days after the date when this order was served on the party applying. Dated 20 October 2014. Mr & Mrs W responded with a letter dated 19 November 2014 stating: With reference to the above judgment I am requesting this be set aside. The Notice of transfer Proceedings dated 24 Sept state that I should have received a notice of allocation, of this I have never received. It would appear from this last document that I should have submitted a defence document, this I was totally unaware of as this is the first time that I have been in this situation. Could the court advise if this situation could be resolved and if so what action is required of me at this point. 24 November 2014 Mr & Mrs W received a letter from the courts advising they need to complete a N244 form within 7 days which is where I am asking for help. I feel so sorry for them as they should have asked for help. From the mediation it has gone straight to judgement. As such, please could someone advise how we complete the N244 form to help them with their case. It must be completed asap. Thanks so much Big hugs x:)x
  22. Morning Guys, In the post this morning I received a letter from Wilkin Chapman LLP (Arrow Team) with regard a CCJ taken out by Arrow in early 2010 (the claim number matches the one on my credit report although the amounts differ? CCJ £9266, AG/WC £8946.33). I am sure that this is an old CC debt. They have supplied a Notice of Change of Solicitor and a personal financial statement (which of course I will not be filling in). I am sure that I did not inform the OC of a change of address in 2008 (home repossessed), so no chance of a set aside. The debt itself is SB but I am aware that this means little with the CCJ. It does state though that "Our client is willing to discuss terms of repayment and consider proposals from you." My question is, can anything be done at this stage to fight the good fight? If not and without filling in the personal financial statement, what sort of full and final offer can I make to them that would satisfy their greed on the amount outstanding or a sensible monthly offer to clear the debt as quickly as possible? As always they require an answer with 7 days before going all enforcement on me. Any advice will be greatly appreciated. Cheers
  23. I've just received a summary cause summons from Arrow for the sum of £4324.32 for a credit card debt I owe. This debt is not SB and won't be for a while. The summons is legit and I have to answer it. My question is this: If I took PPI out with the credit card, can I make a counterclaim, stating that the amount the pursuer is claiming is incorrect because of owed PPI and interest? If I did, any opinions/advice on how this might go? Or should I just bite the bullet and make an application for a pay over time? Thanks for any advice about this. I'm considering going for a midnight swim in the Atlantic.
  24. Hi folks, I got a Northampton claim form through a little while ago which I responded to with a CPR 3.14 to the solicitors and put in a no agreement defence. They sent a back-dated letter to say they would need to request the documents and would put any action on hold. They didn't and still haven't responded with any documentation. I don't have a CCA for this account, nor even a statement of account. The claim got transferred to my local court (Oxford) and the latest from the court is a general form of judgement or order. The order is that "The claimant must file and serve a copy of the agreement and a statement of account showing how the amount as accrued by xxx on xx September 2014. The defendant must send to the Court and to the Claimant's Solicitors a Defence to the Claim by xxx on xx October 2014." the date for their half of this order has come and gone and I've had nothing. At the moment my defence can only be that there is no agreement since no agreement has been produced. I'm assuming they should have sent it to me as well as the court? This is a CC claim from a card that was taken out many years ago - around 2000 I think. It's in the small claims court. At no point since I disputed the account back in 2010 has anyone attempted to produce a copy of the CCA. Anyone have any advice on what I should be doing here? I have a feeling if the claimant hasn't responded to the court order they are going to lose by default when I put my defence in.
  25. Afternoon all, Hope every one is well. I have been a regular viewer of the site and have read treads relating to my issue but I have some additional questions. I am in the process of sending my defence I believe I have a few more days in which to do this. I acknowledged on the 22nd September. Name of the Claimant: MKDP LLP Date of issue: 08 Sep 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - What is the claim for – the reason they have issued the claim? The claimant claims the sum of xxxxx being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclay card. The defendants account number was xxxxxxxxxxx and was assigned to the claimant on 22/6/2012, notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. The claimant claims the sum of xxxx and costs. The claimant has complied as far as is necessart with the pre-action conduct practice direction. What is the value of the claim? £5k Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 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 assigned by the Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not recall being made aware by a notice of assignment only verbally and via chase letters. Did you receive a Default Notice from the original creditor? I do not recall receiving a default notice from the original creditor and the only default placed on my account was by the debt purchaser. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any statutory notice of default sums Why did you cease payments:- I was in financial difficulties, couldn’t afford minimum repayment or interest. I am pretty sure I advised Barclays the original creditor but months later claimant started chasing me for monies Was there a dispute with the original creditor that remains unresolved? not that I recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? I believe I advised of my financial circumstances I do not recall if an plan was offered or entered into. Additional information that may be useful or help; According to MKDP account was assigned on the 22/6/2012 they then defaulted me on 27/6/2012. Barclay Card have the account settled on 20/6/2012 Debt doesn’t appear Noddle/Credit tracker with MKDP until August Original default balance is £0 After requesting proof verbally with MKDP and months of waiting I have a suspect looking letter from Barclay Card and enclosed with this a reconstituted copy of my credit agreement, copy of terms of credit agreement varied in accordance with section 82(1). With this is a copy of the original application form signed by myself but no one else? How can they have this and not the term and conditions? And surely there have to be an authorising signature from Barclay card? Any advice would be appreciated Many thanks D
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