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Found 5 results

  1. Hi, I had a previous bank account (but not old enough to be SB) with HSBC which was overdrawn by a large amount. Negotiations to sort things out with HSBC broke down and I've not heard anything from them for 3 years, and have since moved. I came home yesterday to a claim form (dated 29th August) from MKDP LLP who now appear to own the account. I presume they have traced me, but I have had no prior correspondence from them. The amount claimed is a lot higher than the overdraft was, so will doubtless include countless fees. The particulars of claim are 'The Claimant claims the sum of being monies due from the defendant(s) to under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on . The defendant(s) account number was . 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 . The claimant claims the sum of and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction'. No other supporting documents are included, which I suspect is because there aren't any - the overdraft was originally agreed back in 2001 entirely over the phone and I never signed anything or was sent any specific terms before having it. I'm think defend is the way forward as I definitely do not owe the figure claimed, but I don't know what the actual figure should be so I can't really claim partial admission since I don't know how much to admit, which leaves full defence as the only option, and if they don't back down, a full & final settlement offer to try and avoid a CCJ being issued. I understand that section 77 requests are not relevant to an overdraft, but do I have any other rights under the CCA to demand supporting documentation for the claim and would I be able to use failure to supply this as a defence as you can with a failed section 77 request? Some advice on the best way to approach this would be appreciated!
  2. Hi all, I received a claim form today from County court business centre, Nottingham and I'm not sure the best way to deal with it. I'll type out the particulars of the form below, but here's some background first. I received credit from HFC bank while at uni, I'm fuzzy on the dates, but believe I was in second year which must make the date late 2005/early 2006. Early 2008 I moved to Lancaster and shortly after that stopped making payments due to numerous factors (depression caused me to drop out of the job I had at the time and left me a bit destitute). in the last year or so I began receiving letters about the debt and for better or worse, ignored them - mainly because I realised it was a debt company and felt a little annoyed by the constant mailing. Today I received the claim form: Name of Claimant: Lowell Protfolio Ltd; Issue Date: 23 Oct 2014; Particulars of Claim: "The claimants claim is for the sum of 37X.XX, being moneys due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and HFC Bank LTD under Accounts refrerence XXXX and assigned to the claimant on 24/10/2013.... The defendant failed to maintain.... A default notice has been served which has not been complied with And the claimant claims 37X.XX The claimant also claims statutory interest pursuant to s.69 of the count act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 30.XX" The claim is for a laptop bought via curries (I believe) but I have no idea of any exact dates, from my reckoning it should be 6 years since I last paid them and I haven't made any acknowledgement. If I am still legally bound to pay, then fair enough, but I'd like to know what to do next in order to find that out. Any help would be greatly appreciated and I'll provide any information I can. Also, I've just signed up to the experian free trial to see if this is on my record anywhere, but it'll be 5 days before the PIN arrives for me to check. Thanks in advance, sof
  3. Can anyone help please. I received a letter from a company that's has solicitors at the end of its title. the registered number OC343261. The letter arrived at my address on 19/05/14 letter dated 14/05/14. I called to enquire what it was about, left an answer machine message as no one available to take call etc. It states relating to Npower Ltd. I have no idea what this is about. I called them today - they say all they can give me is the account number, I have until 28/05/14 to return the court claim form. the letter states the court will serve the claim form upon me shortly, after arguing for an extension of deadline date given that the court form has not arrived, they agreed a further 7 days. I explained I have not received request for payment I have no knowledge of the debt or what its referring to. They said they sent a letter to me in March - this is untrue. They have now said the original debt of £80 is now £186 with costs and interest. The letter says do not contact our client, contact us if you have any queries - they cant answer my queries. I asked why have they still sent this to court when I called and left answer machine message, they said the apologised and cant explain why because all messages are picked up? I gave full reference numbers and contact information What can I do next? I am prepared to pay in instalments if they can explain to me what the debt is for. The problem is I moved out of my property for 2 years and rented it out. This debt might be relating to tenants etc or final bill before I moved out?? I returned to the property in February 2014. My job doesn't allow me to have CCJ, I need to avoid this - what can I do, please can anyone help Thanks Metty
  4. Hello, New here so appreciate any help / advice on this. I have received a court pack from the northampton bulk centre from Link Financial for an MBNA CC debt from just under 6 years so unfortunately not Stat. Bar'd. I submitted a defence stating that I had no record of this debt and they needed to supply details. (I can post exact defence later if neccessary) I received a letter from the court stating the defence had been passed on and the claimant would contact me to attempt a resolution. Link have contacting me sending a copy of the original CC agreement (stating they obtained it from MBNA) along with a NOA and a Default Notice from them & also a letter asking me to acknowledge the debt and allow them to ask the court for a judgement for me to sign (addressed to the court) I am thinking that this is a last desperate act on behalf of Link. My questions are: Where do I stand on this? As they are only assignee's sureley they can't bring legal action without MBNA or is this not the case anymore? Can I ask the court to throw this out on the grounds of not the owners of the debt or do I need to rethink my defence? Should I respond to their letter? If so how and what to say? Regards JL.
  5. Hi, please can someone help. I've just received a County Court Claim form - I've never been to court before! I ignored their threats as I figures they didn't have a valid agreement and would never take any action. I've attached what I think are the most important documents I've received over the years on this account. I CCA's the creditor back in 2009 and was given what looks like an application form (which I've just noticed I only received copies of pages 1 & 3, not sure if the other two were on the back f the originals [on the back side of pages 1 & 3]). Can anyone tell me if this is enforcable ? Should I get a solicitor ? I'm very worried that I have very little time to respond and not sure what the best course of action is. Please see letters/docs attached. Docs.pdf
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