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  1. I am so angry. bank holiday ruined by Welcome. My husband took a loan out with welcome in 2006, we borrowed a little more in 2008, however we paid this off about 3 or 4 months later, in full when we sold our car. We have recieved letters from IND and welcome saying they are chasing the money, following the letters i wrote to them asking why they hadnt marked an account as settled from 2008! We also wrote to them a year ago about PPI and they said he had none, there letters now say we did. They also said that there is copy agreeemnts and letters that we have apparantly sent in the mean time. none of which were included. i am not happy at all as we are trying to get a mortage through and they are claiming they are putting him in court. I cant beleieve that a company like welcome would regiser a default in 2009 and not chase until 2013. also i know this was paid off in 2008. but the credit files say default 2009. i am at a little loss, what do you do. Thank you all. x
  2. Hi, I am new to the forum and have found it useful so many thanks. I have a credit card debt that I have not been able to service for around 2 years due to the financial crisis. I am just starting to get back on my feet. Barclaycard have in the past served me with a default notice etc but have never informed me that the debt has been purchased, transfered or otherwise to MKDP. Last week I had a court summons arrive (just as I was about to go on a much low cost get away holiday for a few days). I have submitted my acknowledgment of service via the web and I am now starting to prepare my defence etc. I am drafting my CPR31.14 to MKDP, along with a CCA and this will go to them on Monday by recorded delivery. Below is the draft of my defence I intend to send to support myself to the courts in Northampton. I would be grateful for any opinions etc that anyone could share and / or give me please. Tanks in advance. "The claimant claims the sum of £3680.78 being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendant's account number was xxxxxxxxxxxxxxx and was assigned to the claimant on 13/06/2013, 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 £3680.78 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. ---- Defence: In the Northampton (CCBC) County Court Claim number xxxxxxxxxxxx Between MKDP = Claimant and Mr X = Defendant DEFENCE 1. I, Mr X of XXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by MKDP. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. It is denied that I have an agreement with MKDP. 7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. 9. If the Claimant is the Assignee and there has been an Assignment, the Claimant fails to plead as such and it is contended that no such Notice of Assignment pursuant to the LoP Act 1925 as ever been received. Without a Notice of Assignment, the Assignment is merely equitable and the Claimant is put to strict proof to disclose this and proof that this claim can commence in their own name. AND the Defendant seeks an order that the Claimant’s action is struck out or otherwise is dismissedon the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed Mr X Defendant
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