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    • CPR is in post 5 click it add relevant pers details print and send to qdr   do NOT SIGN IT
    • wow will look into the points you raise now.  I didn't know that about the paralegal.  The last two times ( lowell and the parking fine for my friend) they just had a local solicitor representing the company certainly not the person who made out the witness statement.
    • win or lose defaults/credit files are nothing to do with courts.   your lowells WS was very good and this one just a bit too sparse on what you are trying to say IMHO too many points just listing a diary even of this or that happening. might pay you to slightly change it and use yours to rip theirs apart.   like say point 4...load of ole waffle trying to hide the fact that the CCA hasn't come from Barclaycard at all but from their filing cabinet and is a cut n paste jobbie.   im also a bit sceptical about the default notice and IS it a copy, there a mailmerge line above the address box and it just doesn't look right. check the balance at that date ib their statements, does it match £36??   I also don't like their points 9/10/22 relating to it. they quote 2 sets of page numbers referring to where in the bundle its located?   21 don't forget to rebuff carey as not applicable   lastly. I believe that paralegal must be in court so they can be cross examined by you and answer questions? else it can't be referred too?      
    • I've done some work to the section I'll paste below. (obviously the section numbers will change) These points are all supported by EXHIBIT A1 which I will attach here.          ENTRANCE TO CAR PARK   1.            On [DATE] the defendant visited Pizza Hut with a party of friends. The defendant was not the driver of the vehicle. The vehicle travelled along North Ormesby Road, turned right onto Woodside Street and sharp left into the parking area in front of Pizza Hut. This is the most obvious and direct route to Pizza Hut. See Exhibit A1 for details.   2.      There were no signs pertaining to the claims of the claimant visible to the driver of the vehicle on the route set out in Exhibit A1   3.      Taking the route laid out in Exhibit A1 clearly results in the act of “parking”. It must therefore follow that the vehicle has “entered” the car park. This entrance must be located either at the point of leaving North Ormesby Road and entering Woodland Street or else it is at the point of leaving Woodlands Street and entering the parking area.   4.      These two possible locations of the entrance are shown in Exhibit A1. Whichever is the case neither location has a sign at the entrance to the car park. It is therefore not possible that the defendant entered into a contract with the claimant.   5.      Neither location that may be considered the “entrance” to the car park bears a sign erected by the claimant.   6.      There were no signs erected by the claimant visible to pedestrians as the party left the vehicle and entered Pizza Hut. Exhibit-A1.pdf
    • Just a quick update.   Erudio Student Loans returned my £1 postal order that I had sent them for the CCA request. They sent a letter saying "Thank you for your correspondence but your account has been terminated and is now with Dryden's Fairfax Solicitors."   Dryden's sent me a letter regarding the CPR saying that they are waiting for documentation from their client, and offering me a further 28 day extension to file my defence (I've already filed it - don't worry!) Dryden's then sent another letter acknowledging my defence and saying they would seek their client's instructions. I've not attached the letters as they seem fairly standard - but I can do if you want me to.
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Nivagey

MKDP Claimform - Barclaycard **Claim Discontinued**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 850 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Claim has been discontinued...there is no claim


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Hi DX,

Thanks for the reply, what happens with the Court though?

If they have applied to have the claim transferred where does it stand?

 

 

I submitted my defence and MKDP gave up on it so where are RB going with it down the Court rout?

 

 

Do I have to do anything with the Court?

 

 

Surly it would be a new claim?

 

Thanks

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Hi Andyorch,

 

How come they are trying to resurrect it again with the court mate? :(

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it doesn't say that

 

 

read it properly


..

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Hi DX,

 

Sorry mate, but if they are updating the claim at the Count Court dosn't that mean they will be following through why else bother?

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Scan the order/notice and upload it...remove any identifiable data first.


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hope this is ok

scan0013.jpg

scan0014.jpg

scan0012.jpg

Edited by dx100uk

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Look at the " Multiple " on the Order...it is an application to change claimant on all claims.....in general...as yours was discontinued before their application yours is now dead.

 

File it:-)


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Thanks Andy :) all makes sense now, much appreciated been very helpful :)

 

regards

 

Me :)

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Hi Nivagey,

 

I had the same letter in December too and have since had several letters from Robinsons Way but nothing to concern me.

 

It's good news that they discontinued because the statute barred clock pauses when a claim is issued and doesn't re-start unless the court case is dismissed/won or it is discontinued.

 

The last letter I had was a couple of weeks ago and referred to a change in my financial circumstances. It claimed that recent activity on my credit file suggested that I 'MAY' have made a significant payment to one of my financial accounts. In view of this, I should contact them to arrange an affordable repayment plan ...........................etc

 

I'm not tempted in the slightest! :wink:

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Hi Dotty50,

 

Hmmm not really understanding this now :(

 

My last payment to B/C was 12/2009 so Statute barred would be 12/2015? six year continuous no payment made on the account.

 

They put a claim in 10/2012 and discontinued it 12/15.

 

So what you are saying the clock stopped on 10/2012 when the claim was made to the CC

and then Discontinued 10/2015

 

So does this mean the time between the claim and discontinue has to be taken from the 6 year period?

 

Leaving the Original SB start on 12/2009 stopping on the CC Claim date 10/2012 being 2 years 10 months?

 

Now with the gap up to the discontinuance date 12/2015 being 3 years 2 months

does this now mean my SB will be extended that 3 years 2 months

then the 6 year period will now be another 3 years 2 months?

 

My head hurts now :(

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Sorry giving you a headache wasn't my intention! :-)

 

This was something I learned elsewhere,

so I've got a claim from years ago that will never become SB but I don't lose any sleep over it.

I should have applied for a strike out at the time it became 'stayed''

but I didn't realise the importance of it at the time.

 

But it doesn't extend the period it just pauses it so now they've discontinued,

it's as if the claim was never issued so the original SB period remains the same.

 

The clock doesn't stop, it just pauses.

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Hey no worries Dotty50 :)

 

I appreciate you help, I see now that makes sense :) I can handle all and anything they throw at me but as long as I'm 100% clear about the SB date and know they cant go through the courts that's all that matters to me.

 

Thanks again :)

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You're very welcome Nivagey.

 

My biggest debt went SB last month. I literally ticked off each day on my calendar but the relief to get it to SB was enormous.

 

I've got one more to go this month and by the end of the year, all the defaults will disappear.

 

Three have already dropped of and three more to go.

 

It's been a long six years!

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Sorry giving you a headache wasn't my intention! :-)

 

This was something I learned elsewhere,

so I've got a claim from years ago that will never become SB but I don't lose any sleep over it.

I should have applied for a strike out at the time it became 'stayed''

but I didn't realise the importance of it at the time.

 

But it doesn't extend the period it just pauses it so now they've discontinued,

it's as if the claim was never issued so the original SB period remains the same.

 

The clock doesn't stop, it just pauses.

 

You cant really strike out a stayed claim Dotty..there are no legal grounds.....but a stayed claimed after a period would become irrelevant with regards to the Statute of Limitation...as the claimant never acted or intended to ever proceed.

 

Andy


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Hi Andy,

 

Thanks for that info, I am pretty sure that I was told to apply for a strike out on one of my claims after it became stayed but I couldn't afford it at the time.

 

But it was a few years ago so it isn't a concern for me.

 

I was trying to find the post in my thread but can't find it.

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That's great news Dotty50 :) much the same for me got till August then my last one is SB Yep 6 years IS a very long time. If I had taken the advice from one of the many Debt management company's who offer the world to set you free I would be in a hell of a financial mess for many years to come still. :) As they say knowledge is power and I'm very grateful for most on here for their advice and support, you very much included :)

 

I will keep you posted :)

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nivagey

as the guys say, they'll have difficulty arguing that the 2012 -2015 period extended the limitation period, let alone starting another claim, after discontinuance. happy days :)


IMO

:-):rant:

 

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Hi Ford,

 

Well I hope so mate, heard too many horror story's how these unscrupulous debt collection company's work, seems like there is no limits to their ways of trying to get money from people :(

 

Will see in the next few weeks what their next steps will be :)

 

All the best :)

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I expect you will just get letters from them every couple of weeks asking 'nicely' for you to pay.

 

Just be aware that they have started using brown envelopes, very much like the on's that areused when a court claim is issued so don't panic if you see one drop through the letterbox. (I did!) :!:

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Just a quick update, had a letter from RW today saying they will accept 50% to clear the debt in one payment or If I am unable to pay a lump sum they may be able to agree for me to pay in monthly instalments or tell them what I can afford and they will work with me to find a resolution!

 

File with the rest of them? :)

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begging letter

 

 

dx


..

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Even I have had begging letters from robbers way, jokers sent assignment for hoist and demand in same envelope... and yep brown tax looking envelopes....

 

And had a, pay what I can afford letter with a request for my current financial status letter.

 

And a lovely phone call from them asking me security questions, think they were left very clearly that they can whistle dixy.

 

Think as DX has said, begging letters to get some money back from the MKDP purchase.

 

tigs

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Hi, Quick question.

 

I should be well in to statute barred on this account my credit report states that B/C sold/assigned to MKDP on the 31/05/2011 and shows "Satisfied" registered against B/C.

 

It now belongs to Hoist.

I have 2 other CC defaults that have now dropped off my credit file both of which I'm sure I had PPI on them as well.

 

One of them a Halifax card which has now been discontinued by the debt agency confirmed in writing to me (it was one where Halifax messed up the Default notice and closed the account before the resolution date).

 

The B/C account was opened in 1983 and I'm sure I had ppi on it.

Is it worth me going on the the B/C website

and filling out a PPI claim for the credit card?

 

Am i right in thinking now the debt was sold the original creditor B/C are liable for the PPI claim and Hoist can not intervene?

 

Thanks in advance

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Poss or use the fos one

Its better to have all the statements mind

SAR time?


..

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