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  1. Hi all I wonder if you can help (provide guidance). I received a CCJ 8 years ago from Yorkshire Bank for a visa card. I paid £20.00 per month for six years and then stopped. I received various letters from Mortimer Clarke which I ignored and subsequently they went to court and got an attachment of earnings. This was paid for several months until I left the company and am now working for myself. The court has today written to me to say the attachment of earnings is dismissed. I need to know really what my next step should be - the original debt was just under £10k and it is now £9,800 so I have made very little impact into this debt. Should I contact Mortimer Clarke and continue to pay a nominal amount or is there anyway I can fight this. The original credit agreement goes back to 1995 (but I never requested this orginally). Any advice would be grateful. Thanks Bump
  2. Received a court claim on the 17th April 2015. Claimant: MCE Portfolio Ltd Solicitor: Optima Legal Services Original Creditor: MBNA Claim Amount: £2600 Particulars of claim “The Claimant’s claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card. In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant. The Claimant therefore claims the sum of £2600 plus costs. The claimant has complied with sections III and IV of the practice direction on Pre-Action Contuct.” AOS filed online on the 1st May CCA & CPR31.14 sent by recorded mail on the 5th May Received reply from Optima dated the 14th May “We refer to the above matter and your letter dated 05 May 2015, the contents of which have been noted. Please note we have requested the required documents from our client and will forward these to you in due course. We agree to an extension of 14 days from the date the documents are sent to you, to enable you to file your defence. We trust this is in order. Yours faithfully Optima Legal” Sent email to court office: “Re Claim No. XXXXXXXX. I wish to confirm that an agreement has been made between myself XXXXXXXX (The Defendant) and Optima Legal(The Claimants Representative) to extend the time for me to file my defence. Please refer to the attached documentation relating to this matter. Kind Regards XXXXXXX” Reply from Court Office “Good afternoon, Thank you for your email. This has been noted on the court file. I hope this assists you with your query, If you should require any further assistance then please do not hesitate to contact us. Regards” I am not sure what I should do now, can anyone help me with this?
  3. Hi CCJ was obtained by HFC Bank in 2007 - I paid judgement amount until 6 months ago when CCJ was 6 years old and removed from credit report. A balance remains outstanding. Debt was sold to MCE who are now chasing via Mortimer Clarke. Mortimer Clarke are threatening returning to court to obtain attachment of earnings etc from original judgement. Do I continue to pay HFC at judgement amount? pay MCE? or neither?
  4. Hi Looking for advice. Brief history: 1. 6/2003 Took out Marbles credit card from HFC 2. 9/2012 Received Claim for £6700 and Statuary Interest (SI) £3450 from Mortimer Clarke Sols acting for MCE Portfolio Ltd 3. 10/2012 Combined CPR31 asking for agreement plus T&C, deed of assignment, default notice 4. 10/2012 Filed statute barred and embarassed defence due to lack of detail.in POC 5. 11/2012 Claimant sends a. reconstituted statements 6/2005 - 8/2007 b. application form with separate T&Cs c. Deed and Notice of Assignment d. Default Notice 6. 11/2012 Case stayed as claimant didn't reply within time period to defence 7. 3/2013 Application to lift stay granted 8. 3/2013 Allocation Questionnaire returned 9. 4/2013 Stayed until 21 May 2013, by 7 May must file a completed directions questionnaire 10. Claimant sends letter asking for complete income expenditure and request for payment proposals and indication of defense. From the statements received it appears I made reduced payments until May 2007 so the debt is not statute barred. I plan to defend claim on unenforceable agreement and also dispute the amounts claimed if that fails. To enable to finalise my postion I would appreciate help on the following: Total amount of claim is over £10k so not eligible for small claims track. However the balance claimed contains charges and SI appears too high. If these figures can be recalculated to below £10k is there any way I can get this allocated to SCT.I assume they want Fast Track so they can pile on the legal expenses if they win, therefore, if I win can I claim my research expenses for which time reading through the forum is racking up. Are there any other advantages/disadvantages between the tracks. The balance claimed contains contain late payment review charges can you please point me to the relevant legislation I can research. Do I dispute amounts claimed or counter sue for the charges and compound interest on them? They're asking for over £3000 for 8% statuary interest(SI). On their claimed outstanding balance this is over 6yrs of interest. SI can be claimed from cause of action, for credit card debt is cause of action date the date of first missed payment? Because I made last reduced payment 3 May 2007 the claim is not statute barred as the is the cause of action date is reset. Now is the cause of action date for SI different if so how can this be? If not they have over charged SI. Further they have claimed SI for over 6 years yet they didn't take over the debt until 2012 so how are they entitled to interest previous to then? The main thrust of my defence is unenforceable agreement. In response to CPR31 they have provided a copy of my applcation form from 2003 with a stapled separate T&Cs. Now the T&Cs contain as far I can tell all the prescribed terms I can make out the headings but the actual text is too small to read. However I am certain that these are not the original T&Cs. Also they have also forwarded reconstituted statements and a perfectly formed default notice. However these are word processed files not on headed paper so can have been created at anytime, there is nothing to indicate these were actually sent to me. In fact the statements refer to $ amounts and the DN is dated 25th Oct 2007 but states remedy by 12th Nov 2008 (not my date typo). From a copy of my credit file the actual DN was in 2006. Also the deed of assignment and notice of assignment are for Pheonix Recoveries to MCE Portfolio how do I know the debt was assigned from HFC to Phoenix. Any suggestions to best proceed in proving that these are made up documents with the prime reason to unlawfully obtain money. Anyone else any experience of this? Also is reporting MCE portfolio to FSA/OFT appropriate at this time if I had my way I would report to police for falsifying documents to extort money, a substantial amount as well. In response to the stay the claimant has requested I complete an income & expenditure form, give proposals for payment and details of my defence. Does completion of said form and reply constitute as admitting the debt in writing to the creditor so starting the 6 years statute of limitations once again? I am wary as the six years from my last payment ends in a couple of weeks and I have already had default on credit record for over 7 years and don't want to add a further 6 years. Further to this the claim is stayed so we can mediate to try to achieve settlement so if I write alleged and without prejudice does this mean I accept the debt? As I am on benefits and have no savings I do not believe they will accept any offer I can afford so likely to end up in court anyway. I know I have asked a lot of questions but I believe that they know I cannot afford to pay and want a charging order, therefore, I intend to fight to the best of my ability and any advice gratefully received. -K
  5. People ask me why I have just enrolled as a 1st year Law Student on Open university....i reply "if you lived my life you would know why ?" So credit card debt for my WIFE not me, I lost some 18 months ago which was bizzarre as I had won 2 previous court appearances different creditors with the credit agreement arguement but this one they used the case arguement and won. I asked the judge how that can be and he said he had viewed it differently. So they got an order, i refused to pay it, they then tried all sorts and the order has changed ownership a few times as MCE have changed names etc and moved it about, the original debt i think was barclays or lloyds. Anyway I have not entered into any correspondence with them at all (wrong I know) so eventually they got a charging order on the house and to be honest this was done underhand as we were not advised and all of a sudden the charging order appeared. To be honest it wasnt the end of the world. i do find the law FATALLY FLAWED that you can take an unsecured loan with a credit card company that when sold the DCA can make it SECURED by way of a charging order on your property. SURELY THIS MUST BE WRONG and against Human Rights (It seems to work for everything else lol) I think the original debt was for 2500 which they now estimate at £5500 with interest I havent told them yet that they can not charge interest on the debt and it is protected by CCA so the final order amount is the only amount that they can pursue. Anyway they recently applied for a Restriction against the land with the land registry. I opposed the registration with the land registry who did not agree and granted the restriction, again something that is flawed in a big way. I think there is a junior at the office who has 5 rules on the wall and if you dont mention these criteria its a no. I actually quoted laws and recommendations etc and the fact its a joint property and I opposed it on my shaare of the property etc etc so thats another cast to pursue !!!! Now they have sent a valuer around for an external valuation and will apply for an order of sale. I will now apply or go to court with the following arguements :- It is a jointly owned property There is no equity There are 3 other charges on the property in front of them plus the mortgage so they wont get a penny It is a family home 5 children youngest 3 yrs old so they will need to wait 13 years at least and my opinion is that if you choose to take an option on my house you can wait for your money !!! So can somebody let me know if I am correct....Please Oh this is all on top of another 2 court cases (water and a parking fine as well) aaaarrrrrrggggggggg
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