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    • Hi, thank you for the quick response.     Yes we asked them for the original credit agreement but they only sent a statement of previous payments and charges, etc. Looking back at the communications, we actually asked for this information a year ago and they sprang into life a few months ago.     The letter of claim only referenced the OD not the credit card.   The last feedback we got from them was that they thought the credit card debt was not statute barred and would be sending information over regarding the OD.   Do I need to mention anything specific in the SRA to Lloyds?
    • I have AoS using MCOL. Slight issue in that it has an old address listed and I had no way of changing it using the system. I have emailed mcol@hmcts.gsi.gov.uk to ask them to amend/update, but don't know if that will work. Regardless, at this point I don't think it changes what i need to do - but correct me if I'm wrong.   So, next step would ordinarily be "get a CPR 31:14 request running to the solicitors asking for all relevant bills" Is that correct? Having said that, I have copies of the bills from Eon, and Lowell have also sent me copies of bills. Should i still go ahead with this regardless?   Folowing this, my next step would be filing my defence, correct? And, now that I've done the AoS. I'd really appreciate a sanity check on when I need to file my defence by if that is indeed the next step.   I'll be looking at more threads. I'd like to be able to put all of this to one side until Feb 3rd (I have an absolutely crucial - 5 years of work to get to it - deadline of 2nd Feb for something I'm working on that is totally unrelated but is eating up all my time until then). Am I correct in thinking it's okay to leave this until Feb 3rd now??   Thanks again for your help thus far. Donation made.
    • Thanks for your reply. We didn't even know they issued us with a ccj until I target got a credit report and it come up, we had no paperwork warning us.    I don't know when the ccj was issued just know on my credit report says it get removed oct 2020.    Mortimore Clark are welcome finance solicitor as far as I am aware... Nothing to do with the ccj.    I know the ccj has been added to our property as end of this year we will be in position to pay of mortgage and its £18000 more then what we owe and mortgage company said its a charge for a loan so in theory we may pay it twice if I am paying solicitors (well in small amounts) 
    • and you can't click on the enter a defence option. sometimes we've found you can.   you should have come here sooner an we would have made sure you did it right...  
    • get an sar off to welcome they can't refuse.   who are mortimers client, the claimant of the CCJ and the charge upon your deeds.   welcome would have added £1000's in unlawful penalty fees for everything from letters/phonecalls/arrears fees/it's raining today, your fault. when was the CCJ attained too please?  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Hi Guys need your help soonMBNA card £7k. Assigned to Aktiv Kapital now in CCBC. I have done the acknowledgment of service online. I need to do the defence. MBNA initially offered a settle figure which was half the amount of the account. I couldnt pay at the time and still cant pay it all. I offered Aktiv kapital a lower sum but they wont agree and now have gone to CCBC. Aktiv kaptal have harrased me for some 6 months with daily phonecalls and voicemails. They use blocked number, unknown numbers , mobiles etc. They then sent it to soeone called Tempus solutions who did they same.What are my optionsThanksFreemason2012

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What is the date of issue on the claim form?

 

Can you type up the particulars of claim verbatim but leaving out any personal identifiers. Figures can be amended slightly too.

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Date of claim is 26/9/2013. date of service is 5 days post this date and defence in for 28 days post date of service."The claimant claims the sum of £xxxx.xx for the debt and interest . On 19/10/2005 the defendant entered into an agreemend with MBNA for a credit card under reference xxxxxxxxxxxxx. On 30/11/2012 the defedant defaulted on the agreement with an outstanding balance of £xxxx.xx. On 21/1/3012 the debt of xxxxx, was assigned to Aktiv Kapatil Portfolio AS Oslo Zug Branch. Notice of assignment was sent to the defendant in accordance with s136 Law of Property Actt 1925.AND THE CLAIMANT CLAIMS1. The summ xxxx2. Statutary interest pursuant to section 69 of the county courts ACT 1984 at a rate of 8.00% per annum from 21/1/13 to 25/9/13 393.12 and thereafter at a daily rate of 1.59 until judgement or sooner payment."

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So you are technically outside the time to issue a defence since the 28 days were up yesterday?

 

Hang on and I'll see is can find someone to pop in.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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responding to S.O.S.. just having a read to see how I can help :)

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you the following items - if not - did you request them when you received the claim form ?

Have you previously requested a copy of the agreement under the Consumer Credit Act 1974 ?

 

Agreement, default notice, notice of assignment ?

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you the following items - if not - did you request them when you received the claim form ?

Have you previously requested a copy of the agreement under the Consumer Credit Act 1974 ?

 

Agreement, default notice, notice of assignment ?

 

Sorry i didnt request these. But i did ask the solicitors to send me all documents they had. no reply from them. AK

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That is great they have given you a little more time, but we need to have a basis for your defence.

 

I think we have to proceed on the basis that you were not provided with these items originally and having made a request for them, they have not been forthcoming. Give me a few minutes.. I am looking for a similar situation for you :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have sent out an S.O.S for someone to help you prepare a defence..

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hopefully the S.O.S will be picked up soonest.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Date of claim is 26/9/2013. date of service is 5 days post this date and defence in for 28 days post date of service."The claimant claims the sum of £xxxx.xx for the debt and interest . On 19/10/2005 the defendant entered into an agreemend with MBNA for a credit card under reference xxxxxxxxxxxxx. On 30/11/2012 the defedant defaulted on the agreement with an outstanding balance of £xxxx.xx. On 21/1/3012 the debt of xxxxx, was assigned to Aktiv Kapatil Portfolio AS Oslo Zug Branch. Notice of assignment was sent to the defendant in accordance with s136 Law of Property Actt 1925.AND THE CLAIMANT CLAIMS1. The summ xxxx2. Statutary interest pursuant to section 69 of the county courts ACT 1984 at a rate of 8.00% per annum from 21/1/13 to 25/9/13 393.12 and thereafter at a daily rate of 1.59 until judgement or sooner payment."

 

 

 

 

 

DEFENCE

 

 

 

 

 

 

State your full name, age and full postal address here and then state that;

 

In respect of the Claimant’s statement of case dated the (put date here), I , the Defendant respond to the same and I will say as follows:.

 

 

 

 

 

1. As to the first sentence of Claimant’s statement of case; It is agreed that I entered into the agreement on the 19 October 2005 as stated in the Claimant’s statement of case. It is denied that the agreement complies with s.61 of the CCA Act 1974 (as amended) and the Claimant is put to the strictest of proof in establishing the contrary of my contention as to this element of his claim.

 

 

 

 

 

2. As to the second sentence of Claimant’s statement of case, It is denied that I defaulted on the agreement as alleged and the Claimant is put to the strictest of proof in establishing the same and providing proof of his entitlement under s.87(1) of the CCA 1974(as amended) to entitlement to proceed to enforce the agreement upon which here lies. For the avoidance of doubt, no valid default notice pursuant to said section of said act was ever served upon me and the Claimant is put to the strictest of proof to the contrary.

 

 

 

 

 

3. As to the third sentence of Claimant’s statement of case, no such Notice of assignment was ever received by the Defendant as alleged. In accordance with s.196(4) of the Law ofProperty Act 1925, any notices required under this act must be served by way of registered post in order to render the same effective in law. The Claimant is, therefore, required to provide this Court with proof of service of the same pursuant to s.196(4) ofthe Law of Property Act 1925, failing which, his standing to bring this claim is denied and ought to be struck out in accordance with this Court’s powers under CPR Pt 1 the overriding objectives and CPR Pt 3.

 

 

 

 

 

4. In the light of the foregoing, it is denied that the Defendant is indebted to the Claimant as alleged or at all and the Claimant is put to the strictest proof onthe same and required to provide unequivocal evidence that any contractual relationship is extant between him and the Defendant, which, for the avoidanceof doubt is denied.

 

 

 

 

 

Statementof Truth

 

 

 

I believe that the matters set out above to be true.

 

 

 

Signed (your signature)…………………………………………this (put date) of October 2013

 

(Your Printed named underneath)

 

 

 

 

 

Kind regards

 

 

 

TheMould

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Thanks for responding TM :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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CB

 

You are most welcome. I was not able to respond to your pm, however, famous minds think alike and I had already seen this case and was sending my reply to it when I had then spotted your pm s.o.s.

 

I believe that if the op can send on his Defence one day late that he shall not suffer any harsh and draconian sanctions on the same. The op appears to have a Defence sufficient enough to hold and the burden is then on the Claimants' shoulder to prove otherwise.

 

Kind regards

 

The Mould

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That is an excellent defence statement. Thank you very much. Just one concern. During the harrasment period i did offer Aktiv Kapital a settlement figure which they rejected on more than one occasion. Will this casue any problems ?

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You haven't denied owing money to them. I don't think this will cause you any problems .. hopefully The Mould will return and offer advice on that.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Probably too late now but you should add an header Claimant (name ) v Defendant (name) claim number xxxxxxxxx

We could do with some help from you.

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They will now have 28 days in which to advise the court if they wish to proceed. The court will advise you of this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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