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    • No real update as such I ordered another 5550 via the sales route (24/9) after finally getting a quote to agree (£400 more than the original but with technical arranging a cashback of the difference). Got it earlier than the estimated date and instantly knew it would be another off the shelf product = same trackpad issue.  New builds take a couple of more weeks to get to me for obvious reasons. Sure enough, it had it too along with a couple of other issues so it was boxed up within minutes of opening.   They picked this up last week and have refunded it.  In the meantime, the new build via technical with the FIXED part has moved yet again to now the end of November (4th time the date has moved?)   I decided to give them another option of an on-site repair with another new purchase to speed things up but leaving the new replacement option open too should there be other faults on the new purchase.  They agreed, but the quotes were beyond ridiculous and beyond the cashback/refund allowance they were giving me (15%)   From the last purchase a few weeks ago, the quote went up 17.43% with the wrong cpu,  19.82% with the right cpu but wrong screen and finally a whopping 44.16% to the original cost with all the spec being correct citing "promotional offers in June July meant it was cheaper" despite the previous one being only 12% more in September.   So we are now back to just one single route which is the technical route replacement when they have the part in stock - this is at the end of November supposedly.  I still have the option of a full refund of the original cost back in July from now until sign-off on the new machine or if the new machine fails to materialise.   The way I see it with this option is I am essentially using the machine for free until they pull their finger out or until I find a better alternative which I am exploring on a daily basis because a the end of it, I either get a brand new working replacement that is fit for purpose or I get a refund after using it for several months.    
    • Thanks uncleB   One other question: Can a mortgagee in possession refuse to sell? And instead rent?   Or do they have legal obligation to sell? The property has been taken off-line and hasn't been marketed for last 2 months.  
    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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court papers


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Can you post up the particulars of claim from the front page of court docs you received covering your personal details it will help members to advise.

If you cant copy them or scan them just type the details.

DG:)

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what details would you like to know dg?

 

Usual says particulars of claim its normally on the left hand side of the page - its the part that says what they are claiming.

DG

 

Says something like and the claimant claims etc.,

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particulars of claim. the claimants claim is for the sum of 794.67 being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and mbna europe bank limited under reference xxxxxxxxxxxxxxxx and assigned to the claimant on 20th march 2009 notice of which has been given to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section87(1)of the consumer credit act 1974.the claimant claims the sum of 794.67

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Did you receive anything prior to the court papers from mba?

At the top of the court papers on the left is that filled in as mbna or a DCA? there may be two names and addresses on (one of them says send any docs to)?

Have you acknowledge service of the claim yet to the court as your really need to do that you can do it on the internet it gives you the details on the papers along with a password? It then gives you a bit more time.

I assume you are going to defend the whole of the claim?

Have you done a CCA request to them?

Have you any other letters, DN anything like that from MBNA?

Can you post any of this info up, scan it or digital thro photobucket?

DG:)

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thanks for the help dg,had letters from mbna but think i binned them!yes there are 2 names top left of papers one claimant cl finance. the other send documents to hc solicitor.got the details to respond to the claim will do this on internet.should i defend all of the claim?

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i have a claims company pursuing this claim should i talk to them about this?will they sort this out with my claim?will they charge me more?sorry but i may sound stupid but really dont know what to do! many thanks bbm

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You need to CCA CL for a copy of the agreement they have 12 + 2 days to respond and you need to send a £1 PO with it made out to CL write you account no. on the back of it. You need a copy of the CCA to post up for members to have a look at and check it is enforceable.

You also need to send a SAR letter cost £10 PO to mbna this should produce copies of statements, dn and should show any late payments etc., they have 40 days to respond to this request.

Yes defend all the claim because after all you have no information relating to their claim. You just put on the acknowledge that you are defending all.

Just check the claim form I think you have to respond within 14 days that makes around the 11th but just check it out please.

Don't worry you will get plenty of help with everything from the members.

These claims companies I think only deal with you claiming charges.

I'll post you the letters shortly just amend where necessary.

Make sure you send them SD I know it costs more but it ensures they get the letters by 1pm next day.

DO NOT SIGN THE LETTERS just print your name or type it but never ever use your usual signature (digital enhancement and all that.)

DG:)

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Sorry I've not been able to post the letters up.

If you go to the main page and click on the right hand side of the posts for debt collection industry it will take you to page that has the link for the letters template you will find the CCA letter and the SAR letter there.

Edited by diamondgirl
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You can also send this letter to CL

Your Name and Address

 

 

Date

 

 

There Name/Address

 

Dear Sir,

 

Re: Their details/your name/Case No.

CPR 31.14 Request

 

On xxxxxxx I received the Claim Form in this case issued by you out of the xxxxxxxn County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

Yours faithfully

 

 

A N Other

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Before sending these letters I'll get someone to stop by and check that I have advised you right as I'm still relatively new at this and would not like to think that I might advise you wrong.

DG:)

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