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  1. can someone advise me please... i have received a claim form from Ascent legal on behalf of the above. it relates to an amount £2864.14 which is in relation to a secured loan from black horse. i have paid them nothing nor have i replied to any correspondence in over 6 years - is the claim statute barred or not? thanks in advance
  2. I received one of these a week or so ago. To cut a long story short they sent a pre legal protocol letter out in July. I replied telling them they were wasting their time as I'm skint/no income etc to which their reply was to send out one of their financial questionnaires. I wrote back refusing to give them my details and asked them to provide a Notice of Assignment and CCA. They would not comply as the letter was unsigned so I sent a formal s.78 request to which I've had no reply. Then the claimform arrived. I'm wondering how to go about defending this in light of the fact I acknowledged the debt in my first letter. Does this count for anything legally or is the burden of proof always on the claimant regardless? The full details are as follows: Issue date 26/9/16 POC: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 14 2008 and assigned to the Claimant on Jun 24 2016. Date 06/07/16, Item Default Balance, Value 1902. Post Refrl Cr Nil. Total 1902. N of A and Defalt Notice were both received. Regular statements of account received, notice of sums in arrears received regularly until May 2013 only. Originally MBNA - assigned to DLC/Hillesden Sept 2011, then to DLC/ME III Mar 2016. Last payment Aug/Sept 2010. No dispute with MBNA, but wrote to them in Dec 2010 to explain my financial position and why I couldn't pay them. Going to send a 31.14 over the weekend. Any help/assistance with how to go about defending would be much appreciated.
  3. Morning, folks. I'm in a particularly odd and confusing situation so any assistance in clarifying where exactly I stand would be greatly appreciated. In 2010 I took out a credit card with Virgin Money. In 2012 I defaulted on this due to financial difficulty and depression. I do not remember receiving a default notice from Virgin Money. It's possible I received a default notice from MBNA, but I closed an account with them in 2006 (I have the letter) so would have discounted it. In January of 2017 I found out a CCJ was registered against me with Hillesden Securities as the claimant. I did not receive any correspondence prior to it being registered, as I was not living at the address the CCJ is registered at. As soon as I found out about the CCJ (through a mortgage adviser telling me!) I attempted to contact Hillesden. This led me to DLC, which led me to Cabot, which led me to Mortimer Clarke. I spoke to a representative of theirs on the phone, explained the situation and asked if the judgement could be set aside. They said no, and that the best I could do was satisfy the CCJ. After some digging online I sent an N244 to my local court and received a hearing date. Mortimer Clarke did not show, the judge decided they hadn't been very helpful, and duly set aside the judgement. Happy days. This was earlier this month. Today I found a letter sent from Mortimer Clarke 4 days before the hearing, with the claimant now being ME III Ltd. The letter states they agree to the setting aside but that a full defense should be submitted within 21 days. They attached a draft order, assuming that the judge would made this order. She didn't. What happens now? Given that the draft order was not formalised, I'm assuming I do not have to submit any further defense (which I already submitted in full as part of the N244). And what are Mortimer Clarke likely to do when they receive the actual order from the court? Many thanks
  4. Name of the Claimant ? - ME III Limited, Date of issue – 13 Apr 2017 What is the claim for – 1.The claim is for the balance of instalments due & unpaid under an agreement dated 27/03/2008 & under which BLACK HORSE LTD agreed to provide credit in relation to the purchase of goods payable by instalments ('the Agreement'). The Agreement was assigned to the Claimant. PARTICULARS 1. Amount due & unpaid 2890.44 THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid 2890.44 What is the value of the claim? £2890.44 ( + 105 + 80 costs) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Loan Account When did you enter into the original agreement before or after 2007? March 2008 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? Loan was for a vehicle - agreement originally presented as a "Hire Purchase" but turned out to be a loan. Wrote to Black Horse to terminate and returned vehicle to them (have copy of letter written 7/11/11). What was the date of your last payment? Nov 2011 Was there a dispute with the original creditor that remains unresolved? Yes (see above) Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - No I have filed acknowledgement of claim via Moneyclaim.gov.uk with intent to defend all of claim. I have drafted CPR 31.14 request (send to solicitor?) requesting copy of - agreement - notice of assignment - default notice Should I also do CCA to ME III ? hi all Black Horse Car Loan from 2008. Terminated in Nov 2011, I was under impression it was hire purchase and had paid more than half of the payments, so wanted to terminate. Then turned out it was a "Loan" - rightly or wrongly I wrote to BH to terminate agreement and returned car to them. They wrote demanding payment of a "balance"... I wrote back to them 24/11/11 asking for copies of original agreement etc which they never supplied. All went quiet 3 weeks ago received letter from dlc saying account passed to Cabot Financial (Europe) Ltd, and 'next step' was to pass to Mortimer Clarke Solicitors. On Same day received letter from Mortimer Clarke saying they were acting on behalf of ME III Limited giving me 14 days to pay before court action. Came back from an overseas trip yesterday to find the N1SDT claim form... de... Any suggestions gratefully received. I thought this one was going to end up SB so wondering if the date has triggered this action?
  5. My husband had a debt which was taken to court a CCJ given and an attachment of earnings put in force. The first payment has been taken from his salary BUT he cleared this debt 3 weeks ago in a full and final settlement with the solicitor. How do we get this money back as it is not owed and stop further payments being taken? Solicitors have said courts have been informed but not sent anything to us confirming any of this as of yet
  6. Apologises in advance if this comes across as a little vague but I am asking the question on behalf of my sister who is not a CAG member and as such I don't necessarily have all the facts. She received a letter from Mortimer Clarke Solicitors who are acting on behalf of M E III in regards to a debt of £1000 that they claim went the way of CCJ and remains unpaid. She has looked at her credit report and can see no sign of a CCJ and says she has never had one on there after I pointed out to her that if it was over 6 years ago it wouldn't appear on her report anyway. Rather foolhardedly she therefore ignored the first letter but has now received another letter from them stating that they are going to get an attachment of earnings. So I guess the first question is could there have been a CCJ that never appeared on her file? This seems unlikely I know but historically Ive had the experience of being in a joint IVA and it only appearing on my file not my wifes for some reason. With the above scenario seeming highly unlikely would the debt be statute barred based on it being over six years old? I have read that in some cases the court will revive the debt but am not sure what is required to trigger this. Finally what should her next step be as wouldn't any communication from her be seen as acknowledgement of the debt and therefore void the 6 year period anyway?
  7. Hello, Can anyone please help me, I have received a claim form from Northampton County Court Business Centre. It is an old Simply Be debt, seems to be with ME III now, no idea who they are. Amount Claimed is: £1181 - this includes costs (their legal costs)
  8. Hi, Very quick background before I ask a question.... Unfortunately back in Feb last year ME III Ltd got granted a CCJ against me to which I have been paying £25.00 per month since at the order of the Court. Today I have received a letter from MC Sols on behalf of ME III advising the following: ''You are currently making payment towards the debt owed to our client. The concessionary payment arrangement is due to be reviewed and we therefore request that you contact us within the next 7 days to discuss your current financial circumstances. It is important that you comply with this request. Alternatively, please complete and return the enclosed statement of means form and make an offer of payment within 7 days. Our client will consider reasonable offers of payment, based on what you can afford to pay from your disposable income and would not require you to pay more than you can afford. You should also note that our client may be willing to accept a reduced amount for a lump sum payment to settle the debt.'' Am I correct in saying that as the amount I am paying per month was set by the court that I can tell them to get lost? (politely of course)! I was going to email them and copy the court in to the correspondence but before I get going would someone more knowledgeable than me mind letting me know what they think / would do in this situation please? Many thanks in advance.
  9. Hi, I received in the post in December an Application for an Attachments of Earnings Order in my local county court. This was the first I had ever heard of the matter. The creditor being MEIII Ltd whom I have never heard off. To cut a long story short all letters that they had sent, the county court summons and judgment which was made in default were all served at my previous address. I therefore issued an application for judgment to be set aside and have been given a hearing date in March. Since then MEIII (who are actually Marlin who apparently bought the debt of Blackhorse) have written to me with copies of all the letters of assignment that they sent to my previous address. They also attached a copy of the claim form etc. they are willing to consent to set aside the judgment on the basis that there would be no order for costs in relation to my application. willing to remove the interest and costs which were added when the claim was issued. willing to reach an agreement and enclose a statement of means for me to complete. ask for a response in 14 days if agreement is reached they would draw up an appropriate Consent Order for us to sign and send to the court and ask them to remove the hearing from the list. What I am unsure of is if I do all will there still be a judgment against me or will it be removed from my credit file? The debt is for just under £11k it wouldnt be in the small claims court from what I can gather if I defend it on the basis that I never received any assignment notice etc the fee is £210.00. Would it be advisable to come to an agreement and if it is by a consent order will I still have the judgment registered against me? your help would be much appreciated! Thanks
  10. . . . . This made me laugh so much I had to share...
  11. Hi Had a Barclays account which was taken over by ME III Ltd, Mortimer Clarke. The month they took over they automatically defaulted the account and sent an application to Northampton BCCC. I requested via a cpr 34.14 to Mortimer Clarke/ ME iii Ltd but they did not respond within the 10 day indow given to them. As I have no paperwork for this debt I had to pay the court £210 to defend and request that they write this matter off. Today received a letter from the court stating the court orders that the claim and counterclaim is stayed until Aug 10 2012 to enable parties to attempt settlement. Either tha claimant must notify the court that the whole of the claim has been settled or claimant/defendant must write to the court requesting an extension of the period of stay or all parties must file a completed allocation questionaire at the court. I have already sent in an allocation questionaire, form n150 and paid the £210 fee when I responded to the first enquiry. Can anyone help? @andylglover Cheers
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