Hilesden securities court papers received ** Discontinued ***

[john]

All done and ready, I presume its OK to put a real signature on these, as they're for court!!!

[john]

Also is it 3 copies I need, 1 for court, 1 for Hillesdens (both taken to court) and 1 for me? Do I need a fly sheet or just hand in the 2 forms

Edited January 3, 2011 by john

[john]

OK so in the absence of certain knowledge I'll just take in 2 copies signed by John without a covering letter/fly sheet and hope I've done it right. Fingers crossed I have!!!

[gh2008]

I *think* you only need 1 as it is an application without notice - but I may be wrong.

Take 2 or 3 in case you need them. The staff are usually pretty helpful

 

If they ask for £75 instead of £40 make sure they realise it is an application without a hearing

[the_shadow]

OK so in the absence of certain knowledge I'll just take in 2 copies signed by John without a covering letter/fly sheet and hope I've done it right. Fingers crossed I have!!!

 

Yep take two [signed] copies to court, not sure about the cover sheet as I've always posted it into court but it cant hurt.

 

Sorry, busy night tonight

 

S.

[john]

Thanks will take 3 as suggested just in case. Assumed everyone was chilling before back to the grindstone tomorrow!!!!!! Sorry I can't give you both rep, it says I have to spread it around first, but theres only you two helping at the moment, so a big thanks to you both anyway.

[Dotty50]

I am still here john, just can't offer assistance sorry!

[john]

No probs, Dotty hope johns experiences help you in the future.

[john]

Papers delivered to court by hand yesterday lunchtime. Paid £40 fee, all 3 copies were taken but think it was just because I had them. Now just have to wait and see what happens next. Gave 21st January as deadline for a reply, but as GH says the court will probably give their own date. Thanks for all the help.

[Dotty50]

Good luck!

[john]

Thanks Dotty

[john]

I have received a copy of my application form and a document with the purchase of the debt by Hillesden. The letter says:-

 

We have been passed a copy of your defence to this claim and note the basis on which you are disputing liability.

 

Please find enclosed a copy of your original signed agreement with MBNA together with a copy of the key pages of the assignment from MBNA to Hillesden Securities Ltd which clarifies to whom the money is now owed.

 

We intend notifying the court of our intentions to continue with this claim unless in the meantime you wish to discuss a possible reduced settlement.

 

Is the application form the same as a signed credit agreement? From reading around the forum it appears not. If I post it will someone have a look at it please?

Edited January 6, 2011 by john

[gh2008]

Your application still stands as, at the moment, there is nothing linking their POC with the paperwork they have sent.

 

If you can scan in what you have received and post it up (remove any identifying details) then we can advise accordingly

 

They have not submitted enough paperwork yet to even have a chance of securing a win though so keep positive - actually keep VERY positive as as soon as you weaken they will pounce.

 

At the moment you just want them to lay out clearly and concisely their case - and that is all.

 

It would be a VERY good thing to get a SAR off to MBNA ASAP - very rarely does a SAR not turn up a whole raft of useful info - and in this 'game' info is very definitely power.

[john]

Hope this works!!! Shall I scan the debt transfer papers aswell?

Will sort out SAR and send tomorrow. Should I send the statute barred letter aswell? Is it strange they are offering a reduced settlement at this point?

 

 

newly edited document - thanks Dotty app form from hillesdens.pdf

Edited January 6, 2011 by john

[gh2008]

nope, let's see a proper POC from them first - then tear it to shreds (if they actually send a new POC in Gazbo's they ignored the Order and the claim was struck out - simple as that)

[john]

Thanks. Ok, am I right that this is not the credit agreement or is it? I presume I needn't reply to their letter at this point.

[gh2008]

[ATTACH=CONFIG]24006[/ATTACH]

 

Hope this works!!! Shall I scan the debt transfer papers aswell?

Will sort out SAR and send tomorrow. Should I send the statute barred letter aswell? Is it strange they are offering a reduced settlement at this point?

 

Can you check the 'bleed through' on the right had page, if it is laid back to back with the left hand page the bleed though should line up - I don't think it does .....

[Dotty50]

John,

 

I would remove the attachment asap as there is a bar code at the top which may have been put there for the spies!

[gh2008]

Thanks. Ok, am I right that this is not the credit agreement or is it? I presume I needn't reply to their letter at this point.

 

It is 100% improperly executed

the front makes no reference to the random conditions shown on the other page

 

The key are those conditions on the other page - that could convert a simple non-enforceable application form into an enforceable (with a Court Order) agreement.

 

BUT - that's not the issue at the moment - 1 step at a time

[john]

The bleed through doesn't match but they've placed the 2 sides back to back on a single sheet at different heights to make it look like it does, by the look of it.

 

right, I've photocopied both sides and matched them up and if the black on the address side is supposed to match up it definately doesn't. Also, conveniently, the date on the postmark is illegible so that can't be matched up to the application form date.

 

Would an sar be admitting the debt when my defence denies it? Is the letter below the correct one for my situation? Thanks.

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

 

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

 

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

 

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

 

8. A list of third party agencies to whom you have disclosed my personal dataicon and a summary of the nature of the information you have disclosed.

 

 

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

 

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Edited January 7, 2011 by john

[john]

Also these documents/letter have come from DLC, not aplins or Hillesdens. (but on behalf of Hillesdens)

[gh2008]

edit the SAR so it's applicable to your case then yes, send it off ASAP

 

I don't know how you organise this so either

Stick a post-it on the agreement with a note about the bleed through

write on a copy of it

use one-note or whatever on your PC

 

Once/if you get a POC that links the claim to that account then you will make a formal request for clarification of the construction of that document.

 

Get the SAR off and then chill out for the weekend

[john]

Sorry I'm having a blonde moment here!!! I send the SAR to MBNA at Chester?

I Send a photocopy of the agreement they have sent me, (2 sides on 1 page?) and write (what? is this so they cant change it?) on the post it or the photocopy. Do I send to DLC, Hillesdens, Aplins or the court?

Sorry I'm being a bit dense here, Full of cold and a fuzzy head.

Edited January 7, 2011 by john

[gh2008]

Sorry - 2 separate jobs

 

1 - SAR off to MBNA @ their Head Office

 

2 - make a note to yourself about the bleed through - DO NOT rely on me or anyone else remembering it.

When you get the Order and IF you then get a proper POC then you will, hopefully, be making a Part18 request to them asking whether what they have sent you is a genuine copy of both sides of your original paperwork or they have made a reconstruction to give that impression.

 

By then there will be other points that require clarification as well, such as to the status of the account i.e. currently running or terminated (and depending on the answer there may be other points that need to be raised), who the creditor currently is etc etc - all fun and games.

 

This part of the business of buying & selling accounts/debts/receivables operates right on the edge

[john]

Ah, right GH, I get it. I have got the copy they sent me filed alongside my 2 photocopies back to back showing the discrepancy. I will make sure I put a note in the file to remind me. Thanks. Will get the SAR off tomorrow.