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HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***


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post 77

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi there

 

I contacted the courts today.

 

 

They said that the case was stayed since the 29 June as they have not received a response from the claimants.

 

 

They said should the claimants wish to pursue the claim they would need to write in to the courts.

 

Can you tell me what will the process be if the claimants do write in?

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The claim is un stayed and proceeds to allocation then to trial.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 months later...

Hi there

 

I haven't heard from the courts or anyone else about this.

 

In the meantime, how do I work out whether the debt is 'statute barred'

or would there ever come a time when they would not be able to pursue me anymore?

 

What do I need to establish and how?

 

The other thing is, as this was an overdraft do the same rules apply.

 

Please let me know.

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Then dont worry about it...leave it be......with regards to the Statute Barred...once a claim is issued the clock stops on statute of limitations...therefore if it wasn't statute barred at the time...then it wont be until they either discontinue the claim or the claim is struck out.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 months later...

as post 85

you DO NOT need to respond

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Perhaps upload copies of what they have disclosed (less any identifiable data obscured)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I have not scanned the Abbey National Personal Banking Conditions

 

 

they have sent me a Santander transaction summay from 23 December 2007 to 1 April 2010 with all the entries in

 

 

I would have to go through it line by line removing my name.

 

 

Let me know if you need me to do this.

 

 

I have scanned in the 5 letters that were sent.

 

 

See attached.

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I wonder what they mean by fees on that default notice...urm..

 

 

a DN should not include any penalties in its demanded sum.

 

 

I also believe that its none compliant also

give 14days from date of letter [

so you didn't actually have 14days as I bet post was atleast 3 days at best

 

 

and ofcourse the format of a DN states it must be a written date too. [DD/MM/YYYY]

 

 

just musing

 

 

if you want an email ad to send the statements to

i'll redact them on the pc for you

might be worthy.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

here are the statements.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 months later...

the court are giving some kind of direction on the case

you need to read it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It says the following:

 

Before Deputy District Judge Wrigley sitting at the CCBB Northampton address on 22/03/16

 

The Court will deal with the application to lift the stay without hearing under CPR 23.8 ©

 

It is ordered that:

 

The Application to lift the stay and for direction questionnaire to be issued is granted.

 

Note: This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

 

There are other papers attached:

 

Directions Questionnaire (Small Claims Track)

Notice of Proposed Allocation to the Small Claims Track

this says it is a defended claim.

It says it appears that this case is suitable for allocation to the small track

and I must complete it by 18 April 2016 Form N180 and file it with the court.

 

There is a handout about settling your case without going to court

 

and another one about mediation EX730.

 

What do I need to do next?

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fill it out its quite easy

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok but before I do,

I think I need more information to understand my position.

 

 

Do I want it be allocated to the small claims court? yes its under the threshold for fast track

Do I have to attend, I don't really want to? - don't even know if they've paid the fee yet to unstay it..so cant be answered yet

 

What are my options now?

 

 

fill the form out

also agree to mediation

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

They have paid the fee ,Its proceeding the stay has been lifted...hence the allocation to track.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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