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APLINS Solicitors - Charging Order


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Hi All,

 

Really need some advice. Got a letter from Aplins Solicitors today advising me that they are now issuing a claim against me in the Northmapton CC for a debt owed to Hillesden Securities for a debt that is supposed to be owed from over 6 years ago.

 

They go on to say that they are looking to for a forthwith Judgement to enable them to apply for a charging order on my property.

 

What should I do if I get court papers from the Northampton CC?

 

I sent Hillesden a letter with a £1 some time ago asking them to show me some paperwork and it never came.

 

Really worried :-(

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Moved to Legal Forum.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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If they are admitting the debt is over 6 years old, I suspect the letter is more of a threat than anything else. That said, they could easily issue a claim through Northampton without stating the date or supplying a copy of the credit agreement.

 

I suggest you respond to Aplins by reminding them that you have already asked for a copy of the agreement. If you didn't keep a copy, I would be tempted to turn your response into another request under S78, enclose another £1 postal order, and send by recorded delivery.

 

You might also add in your response a statement to clarify matters that you do not admit any liability to their clients.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I do have a copy of the letter requesting a CCA. So I should right back to them with a copy of that letter sent asking them to prove the debt? this was taken off my credit file a few months ago so must be over 6 years ago...Ive just had this letter from their solictors today.

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Yes send the SB letter, the onus is on them to prove otherwise. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks so much..Ive read that these guys are monsters...Im expecting an order to come through the door any minute.,,Ive had letters from CSL, DCL, Ruthbridge now these...Ive sent a CCA request with the £1 and noticed that they next time they sent me a letter they had taken that off the aledged balance..which is what I am expecting them to come back with next...that I have made a payment!!

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they sent me a letter they had taken that off the aledged balance.
That's fairly normal, besides once a debt becomes Statute Barred nothing can unbar it. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Well guys I have received court papers from Northampton CC which seem to have been issued on the 21st April so my letter would have been received by them on the same date....I dont know what to do next guys..please help?? It says please do not ignore these paper you have 14 days reply...what should I do? Thanks Joanne

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Hi Jo

 

First of all, you should acknowledge service of the claim form (N1) from the court. If the court papers are from Northampton, you should be able to do this online.

 

You will need to file a defence. Can you type out the 'Particulars of Claim' that appear on the claim form?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thanks for your help, Ive got 4 forms in the pack and the particulars state:

 

The claimant claim against the defendant is the amount due and unpaid as at today's date under a regulated loan agreement...and the claimaint claims £1229.00 - Loan Agreement ****** 14.08.00

 

I have just sent them a statute barred letter from this site and over the last few years I have had various letters from each of their debt collecting agencies ie DCL and send them a few CCA's and never had a reply....

 

There is an acknowledgement of service form or it does give me a password to look online...

 

 

thanks again

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If they have stated the date and it is clearly over six years old, I don't see the point of asking for the agreement if it is stature barred. You should just submit a statute barred defence.

 

When did you last pay anything under the agreement or acknowledge the debt?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I have not paid anything for over 6 years and never acknowledged the debt, what has happened is that I have had various letters over that last 2 years and sent 1 or 2 CCA requests..I have noticed that they have taken the £1.00 payment for the CCA of the total.

 

I am not sure how to prepare a defence?? I am worried that time is off the essence.

 

Thanks Joanne

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Ok, for now acknowledge service. That will give you another 28 days to file a defence.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi, ok Ive gone onto the website and clicked to defend the whole claim and printed the confirmation...so Ive got 28 days now to get my defence together is that right? Will someone be able to help me? Ive never had to do this before, Thanks Joanne

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