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Found 7 results

  1. Hi all, first post. Just got a little question about CCJ defense response times. I filed my defence today (Sunday) online. Today is the last day I have for filing the defence. I should not of left it till the last day but I was waiting for a response from the claimant which only came the previous day. I had 33 days from the day of service in total to file my defence. My defence will not be processed by the court until tomorrow which will be the 34th day after the day or service. So my question is does the defence have to be processed by the court within the time you have to file a defence (in my case 33 days after DOS) or is it that as long as you have uploaded it before the time runs out you are safe? Thanks
  2. Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC). Date of issue: 12th September Acknowledgement submitted. What is the claim for – the reason they have issued the claim? This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x. The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account. The Claimant claim: 1. The sum of £1089 2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06. 3. Future interest at the daily rate of .24 4. costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Account set up in early 2000s 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? No Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure. Why did you cease payments? I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090) What was the date of your last payment? Early 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 managementicon plan? Unsure. Hello and thank you for any help. I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary. This is making it very hard for me to deal with this... I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member. I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these. The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible. I have sent a CCA request and CPR 31.14. These were only sent today. I have very little time to submit my defense. I have a defense written - can I submit this even though the solicitors have not had the time to respond? I basically want to say - I don't know what this is, I would like them to show me documentation. 1. I received the claim xxxxxx from the Northampton County Court on 12th September. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record. 5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies. - I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! - I am really struggling with this - is what I have written above logical? Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here? Thank you very much for any help.
  3. Have received allocation of hearing and instructions to supply witness statements and documents to court by certain date. I am the claimant. I am trying to reply to the initial defence to the claim which is an absolute mess with disjointed emails. Ridiculous statements and allegations, referring to me that I have 'dementia' am also delusional, and paranoid" and asks the judge to take these abusive comments into consideration as I 'clearly don't know what time of day it is, never mind the truth'. The defendant has supplied a document which she refers to as an email sent to her In fact it is a 'chopped down' private message sent to someone else. The only way she can get access to this message is by either hacking my account or getting it from the person to whom it was sent. Reading more carefully her reason for supplying this is she now states that she sent it to the police in response to my allegation of theft of my property to which the case relates. I can actually see that she did as there is a police email address above. Now I have the full message, and it clearly is from me to someone else via a messaging system, not an email to her, and it is now obvious why she 'chopped' the message as the full message 'shoots her in the foot' so to speak. She has also denied, several times that events took place, highlighted for the judge in bold, and yet I have documented proof that these events took place as she admitted the same on paper. I am not sure how to respond to these issues in my witness statement. Should I bring them directly to the attention of the judge or just refer to them in my statement? How is the judge likely to view her deliberate deception, particularly sending a document that was never sent to her that she then sent to the police claiming it was from me to her, but she thenalso tampered with it? How is the judge likely to respond to her abusive comments that I have Dementia, am delusional and paranoid and that people with dementia cannot remember anything. Any comments would be helpful, thanks.
  4. Good morning all, I have a question if someone is able to help... If a defendant files a full defence via MCOL, stating that they don't beleive they owe the claimant money and the reasons why; how long does the Claimant have to instruct the court to proceed once this defence is received? Many thanks!
  5. Hi, Not sure where to start so I will start with the obvious. I am defending myself against MKDP LLP for a Barclaycard debt they say is mine. This all started two years ago when I started receiving Barclaycard letters saying I had missed payments, I rang them and was told the same even when I was able to demonstrate that I had been paying my account (mins only) eventually I recieved letters and phone calls from Robinson Way who seemed to want to help and suggested I paid them £100 a month until they could resolve the matter for me. 6 months later and I was no further on, except I was now receiving threatening letters from Raven. I stop the direct debit to RW and found this fantastic forum and your great template letters. What followed was requests for CCA and SAR with the appropriate fees asking not to be used against alleged debt ect. The following agencies having ALL continued chasing this debt with differing amounts on most occasions. (Apex, Robinson Way, RMA and MKDP LLP) the amounts differ from £6,805.32 to 8,847.14. MKDP LLP court documents claiming £9,257.14 (C/Fee £410) Needless to say my CCA requests and SAR requests went unanswered except for one communiction with Apex which acknowledged receipt of my communication and stated "Please advise the customer that copies of applications are only available for legal reasons, we now require confirmation of this" here I am with Papers served returned acknowledgment of service with the 28th June as deadline for defence. I have used a template letter from here informing MKDP LLP that I intend defending the whole claim and requesting CPR 31.14. This was sent special delivery on the 29th May. To date I have not even received an acknowledgement yet alone anything under my request. My question is this: How do I draft a credable defence using the fine examples on this forum without looking like a complete numpty quoting legal terms out of context and manage to cheese off the District Judge before I have my day in court (assuming it goes that far) For information MKDP Claims: The claimant claims the sum of £8,847.14 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. The Defendant's account was XXXXXXXXXX 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 persuant to the Consumer Credit Act 1974. The Claimant claims the sum of £8,847.14 and costs. The Claimant has compiled as is necessary, with the pre-action conduct practice direction. I am still recieving letters from Apex and letters from MKDP LLP "to avoid court action, blah, blah" Sorry for the lenghty post K
  6. Hi , Im new to these forums and really need some guidance on were to go with this matter. In 2010 i took out a mobile phone contract with orange the contract was for a iphone as far as im aware , after a few problems i returned the handset was within the 7 day period, i then tried 2 more handsets and couldnt settle and returned these, as far as i remember the contract would have been a 18 month contract at £35.00. My problem is after returning these handsets i moved 2 months later . had mail redirected for 28 days and in this time dont remember recieving anything inregards to this. Anyway the debt as now been passed over to bryan carter and court documents have been recieved. i want to defend this debt. Bryan carter are telling me a payment was recieved for £89 ( i think this may be a credit actually from orange on to the account for the delivery fees - and the partial months - How do i find out if this is the case? . Also bryan carter are telling me the debt was sold to lowell in 2011, its now 2013? . If id taken out a contract for 18 months - The balance would be £630 , If it was 24 months £840. this doesnt include termination fees and there others fees?? The balance is £276.19 - without court fees. This doesnt make sense? Even if i add the £89 theyve recieved were does this amout come from? (£365.19) . Can anyone offer any advice on how i procede with this. All correspondence recieved so far is also for my new address (been here nearly 3 years) . No one as ever mention my previous address . I moved here january 2011 . Really stuck at what to do but dont wanna end up paying for something im sure i returned. Thank You in advance
  7. Hi All I have sent off my defense to Bryan Carter/Arrow's claim in Northampton Court. So am I right in thinking that they have 28 days to contact the court and for the court to then decide after hearing from them if they should issue a CCJ? If the court does not hear from them within 28 days then I can ask the court to set the action aside? If the court does hear from them I take it the court writes to me? If Bryan runs for the hills now that I have filed my defense - as many of you say he will - does the 28 days still stand? Cheers
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