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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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Hi all, can anybody advise me on this.....i got a visit on my unit by a bailiff from Marston,who said that i owed child maintainance of 11,000 ( i dont dispute this) from 2004 and that it went to court in 2006,but because i was posted before that date and had no idea that it had gone to court and because i had not attended that hearing it got handed to them to collect.

I knew my rights and would not let them enter my quarter but got ordered to by my OC who later appoligised when he relised we were in our rights to refuse entry to the bailiffs but then it was to late they had entered our quarter, luckyly a few of my lads from the Battalion removed our own items from the house and put army furniture in its place, so he was unable to list any items for removal, we have since moved to a differant quarter. I instructed a solicitor to try and arrange for it to go back to court so that i could repay the debt at a resonable rate as i had remarried and had 3 children in this relationship, the solicitor instructed me to pay Marstons back at 200 pounds a month untill he could get it back to court, his fees are 150 pounds a month and i was struggling to pay both the solicitor and Marston, in the end i had to tell the solicitor that it as taking to long and that i could not afford his fees, this has been ongoing since july 2009.

Is there any chance i could take it back to court myself to get the amount i am paying Marston reduced as i have to pay them that amount every month, i have contacted the CSA and they told me that because it is in the hands of the bailiff no there is nothing they can do to help me.

Could anybody advise me on how i can get this back to court so that i can reduce my payments.....Thanks.

Edited by armyman

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Have you been demobbed? the CSA can apply a deduction of earning from anyone in the forces.

 

Leave the bailiff to his own devices and he eventually have to return the case back to the CSA. The law does not provide for bailiffs to charge fees for collecting maintenance on behalf of the Secretary of State.

 

You cannot take this to court, you must apply for a tribunal, and must be files within 30 days of the decision, or 13 months from the date of decision if applying direct to the tribunal service.

 

If your address has changed and decisions were sent to an old address, a "last known address", there is no limit but you must show the tribunal judge why the CSA sent decision notices to the wrong address.

 

Strangely enough, the burden of proof is balance of probability and lie with the accused. The CSA is known for subverting a basic cornerstone of English law - access to a fair trial in all civil and criminal proceedings.

 

Many demobbed servicemen work abroad in a REMO country that has since expressly re-classified the CSA a British tax, this is because the UK admits giving Tax Credits to working parents -then selectively discriminates against working parents living apart.


The next generation Nintendo Wii - the Nintendo Puu

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Good advice Nintendo Pü

 

Almost without doubt the bailiff will need to return this to the CSA, the law only allows bailiffs collecting CSA debts to enter into a agreement to pay if (and only IF) a full AND complete levy of the TOTAL amount due can be carried out, ie they is or was enough goods to levy on that could cover the 11k debt.

 

Given that as your job means you were away at some point during the enforcement process, the CSA would not have been able to serve certain LEGALLY required documents upon you.

There are certain websites (one of which sounds similar to american car racing) who can advise and take on your case to resolve this issue.

 

There is multiple High Court and Tribunal rulings over the years that prove that the CSA must follow the law regarding enforcment and arrears collections

 

As Nintendo Pü points out, the CSA as standard ignore the law and act as if they were a law unto themselves, you have rights, many of which you need to enforce.

 

As a rough guide, with arrears and current maintenance the CSA can apply for 40% of net income, however if you do not get on top of this,you could find up to 80% of gross income being deducted at source.

 

Sorry for the limited advice, CSA law is complex and without knowing more specific details, advice can only be limited, if you want more advice, search on google for specific advise or you can PM for more specific direction

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There are certain websites (one of which sounds similar to american car racing) who can advise

 

I cant see any reason NACSA cannot be mentioned in a public forum. www.nacsa.org.uk

I liked your NASCAR resemblence.


The next generation Nintendo Wii - the Nintendo Puu

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Ah yes, very good point, but keeping within the spirit of the forum rules (ie no commerical links).

 

CSA topics are`nt covered very often on consumer forums, probably due the sheer complexity of CSA law, hence why there are only limited websites that specifically deal in this area of law

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NACSA is not a commercial biz. Its an association.


The next generation Nintendo Wii - the Nintendo Puu

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Good advice Nintendo Pü

 

Almost without doubt the bailiff will need to return this to the CSA, the law only allows bailiffs collecting CSA debts to enter into a agreement to pay if (and only IF) a full AND complete levy of the TOTAL amount due can be carried out, ie they is or was enough goods to levy on that could cover the 11k debt.

 

Given that as your job means you were away at some point during the enforcement process, the CSA would not have been able to serve certain LEGALLY required documents upon you.

There are certain websites (one of which sounds similar to american car racing) who can advise and take on your case to resolve this issue.

 

There is multiple High Court and Tribunal rulings over the years that prove that the CSA must follow the law regarding enforcment and arrears collections

 

As Nintendo Pü points out, the CSA as standard ignore the law and act as if they were a law unto themselves, you have rights, many of which you need to enforce.

 

As a rough guide, with arrears and current maintenance the CSA can apply for 40% of net income, however if you do not get on top of this,you could find up to 80% of gross income being deducted at source.

 

Sorry for the limited advice, CSA law is complex and without knowing more specific details, advice can only be limited, if you want more advice, search on google for specific advise or you can PM for more specific direction

 

 

Excellent answer Sweep !!

 

You have been missing for a while...good to see you back.

 

Regards S.

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