Wilkins Chapman for Arrows. Claimform old MBNA card debt- Help

[BRIGADIER2JCS]

Anyone?

 

 

 

 

Good morning Buncrana you should wait no to see what the claimant decides to do, they may want to " mediate" if they are worried by the defence submitted, could withdraw or of course continue, the ball is in their court now.

 

 

Brig.

[Buncrana]

Good morning Buncrana you should wait no to see what the claimant decides to do, they may want to " mediate" if they are worried by the defence submitted, could withdraw or of course continue, the ball is in their court now.

 

 

Brig.

 

 

Good morning Brig

 

 

I take it by ''mediate'' you mean discounts would be forthcoming, which means flawed paperwork

 

 

Also, five months does seem a bit excessive to me, is this normal for a DCA?

 

 

Buncrana

[AndyOrch]

As your Court notification states they have 28 days to decide their next step.

 

Andy

[Buncrana]

Thanks Andy

 

 

And going by what Bankfodder has said on this thread (http://www.consumeractiongroup.co.uk/forum/showthread.php?424786-A-Statute-Barred-Question...(41-Viewing)-nbsp) there is a strong possibility that it may already be statute barred anyway.

 

 

We should have the dates of the last payments from CCCS tomorrow afternoon. Once we get them, I'll post on here

 

 

You guys are brilliant, thank you

[BRIGADIER2JCS]

Thanks Andy

 

 

And going by what Bankfodder has said on this thread (http://www.consumeractiongroup.co.uk/forum/showthread.php?424786-A-Statute-Barred-Question...(41-Viewing)-nbsp) there is a strong possibility that it may already be statute barred anyway.

 

 

 

 

The usual mediation with this lot is to offer a discount in F&F payment as gesture of goodwill and without accepting any liability especially if the debt is near or already stat barred.

[Buncrana]

Thanks Andy

 

 

And going by what Bankfodder has said on this thread (http://www.consumeractiongroup.co.uk/forum/showthread.php?424786-A-Statute-Barred-Question...(41-Viewing)-nbsp) there is a strong possibility that it may already be statute barred anyway.

 

 

 

 

The usual mediation with this lot is to offer a discount in F&F payment as gesture of goodwill and without accepting any liability especially if the debt is near or already stat barred.

 

 

Hi Brig, Mrs B will phone tomorrow afternoon. My feeling is that, going by what she recalls, if it isn't SB'd, it's not far from it...

 

Will let you know tomorrow

[AndyOrch]

Well if was not statute barred at the the date of the claim ......if will never be now....as the clock has stopped.

[Buncrana]

Well if was not statute barred at the the date of the claim ......if will never be now....as the clock has stopped.

 

 

So it's just a waiting game now Andy...

 

 

Once we get a response from them, I'll let you all know. It does seem ridiculous though that they can go to court without any paperwork. And if Mrs B never received the court documents, she'd have gotten a CCJ without her knowledge, very very underhanded in my opinion...

 

 

If it wasn't for you guys, we wouldn't have known what to do...

[AndyOrch]

I wouldn't wait by the door for the postman:lol:

[Buncrana]

I wouldn't wait by the door for the postman:lol:

 

 

 

[Buncrana]

Hi Guys,

 

Step Change are putting the stuff in the post. We've asked them to e mail it, but they said no.

 

Once it arrives, and I go through it, I'll let you know.

 

Thanks for your time so far,

 

Buncrana

[Buncrana]

Hi guys,

 

 

Well the info has arrived from Step Change, and Mrs B was way out with the last payment date.

 

 

The last payment was in September 2010, first missed payment was October 2010.

 

 

Apologies for the wrong information, but please bear in mind that her dad was extremely ill at this time, and her head was all over the place.

 

 

As it stands, we are still awaiting Wilkins response to the defence put forward (thank you Andy ). The court response was dated 2nd May, so I think they have to respond by June 6th?? That gives them the 28 days plus posting time...

 

 

Once the response arrives, I will of course let you know what it is.

 

 

Almost six months now and no paperwork. Very professional....

 

 

Buncrana

[Buncrana]

Hi Guys,

 

 

I hope you are all well and enjoyed the Bank Holiday, even if the weather was a bit crap

 

 

Well if my estimations are correct, the 28 days expires tomorrow (Friday 30/5/14), and we still haven't heard anything.

 

 

The letter from the court states that the claim will be ''stayed'' and that the claimant will have to apply for an order ''lifting the stay''.

 

 

What does that mean in plain English???

 

 

Buncrana

[AndyOrch]

The claim is parked until the claimant wishes to proceed.

[Buncrana]

The claim is parked until the claimant wishes to proceed.

 

 

As simple as that Andy

 

 

It would be nice if plain English was used by the courts

 

 

Mrs B phoned Northampton this morning, and as of 11-00 there was still no movement on Wilkins claim. The last item submitted was the defence that you very kindly put together, thank you

 

 

So, we're almost at the six month stage with the first correspondence from them, and the first request for paperwork from them. As of now, we still haven't received anything other than what I've posted.

 

 

So, what happens next?? Do we continue to wait for them to produce paperwork? I'd have thought if they had it, it would have been sent by now.

 

 

Any thoughts guys??

 

 

Buncrana

[AndyOrch]

They will only proceed...a) they feel your defence has no merit and risk the court not compelling disclosure or b) they find the paperwork.

[Buncrana]

They will only proceed...a) they feel your defence has no merit and risk the court not compelling disclosure or b) they find the paperwork.

 

 

 

 

Mmm, how long does it take them to find it, and how long does it take them to decide whether the defence has no merit or not.....

 

 

Looking back on my paperwork, I've only sent off the CPR to them. Should I also send off a SAR and CCA request? These haven't been sent as yet as we didn't want to acknowledge the debt.

[AndyOrch]

How long is a piece of string......? I have known claims resurrected after 3 years...it depends if they feel its cost effective to proceed.

Requesting a CCA is not an acknowledgement...if you are requesting it after the debt has been assigned and you have made no payments (no acknowledgement) I always advocate you head the request " I do not acknowledge any debt with your company "

 

You should have made a request at the same time as your CPR...a section 77/78 request has far more consequences to none compliance than a CPR request.

[Buncrana]

How long is a piece of string......? I have known claims resurrected after 3 years...it depends if they feel its cost effective to proceed.

Requesting a CCA is not an acknowledgement...if you are requesting it after the debt has been assigned and you have made no payments (no acknowledgement) I always advocate you head the request " I do not acknowledge any debt with your company "

 

You should have made a request at the same time as your CPR...a section 77/78 request has far more consequences to none compliance than a CPR request.

 

 

 

I'll get that done now Andy, thank you

[Buncrana]

Actually, having looked through their responses, I might have already asked for the CCA, but don't have a copy on this PC...

 

 

''We acknowledge receipt of your letter dated __ February 2014. We can confirm that we will request that our client obtains a copy of the agreement and default notice as per your request.

 

 

We can confirm that our client will need to obtain these documents from the originating creditor and therefore it may take up to six weeks for us to obtain these documents.''

 

 

Ps, the last correspondence from them was on 7th April.

[AndyOrch]

Actually, having looked through their responses, I might have already asked for the CCA, but don't have a copy on this PC...

 

 

''We acknowledge receipt of your letter dated __ February 2014. We can confirm that we will request that our client obtains a copy of the agreement and default notice as per your request.

 

 

We can confirm that our client will need to obtain these documents from the originating creditor and therefore it may take up to six weeks for us to obtain these documents.''

 

As per post #94 above then

[Buncrana]

''We write further to our letter dated __ January 2014 and can confirm that the document request is still being processed. We apologise for the delay and will provide these as soon as possible.''

[Buncrana]

As per post #94 above then

 

 

 

Top man Andy

 

 

So if I read this correctly:

 

 

A: They have no paperwork.

B: They are having lots of difficulty in obtaining the aforementioned paperwork.

C:The case is being put on hold because they cannot obtain the paperwork.

D: It's looking good that they will never have the paperwork, given that they've had six months so far.

E: I can put this to one side until they either admit they'll never get it, or until they forget about it...

 

 

So, now that it is in the courts domain, how long do they get before we can politely tell them where to go??

[AndyOrch]

Do you really need to tell them where to go........? The only time I would make a move is if the parked claim was pausing the statute barred status on a considerable alleged amount of debt.

[Buncrana]

Do you really need to tell them where to go........? The only time I would make a move is if the parked claim was pausing the statute barred status on a considerable alleged amount of debt.

 

 

 

Hi Andy,

 

 

No, you're right, the SB isn't due for another 2 1/2 years yet, long way away.

 

 

I've just checked another pc, it looks like the CCA was never done, but it was requested as part of the CPR letter. Should I do a CCA request to force their hand in providing one?

 

 

Also, as part of the CPR letter, it states this:

 

 

''Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. ''

From what I've seen, they've failed to comply with the request. Should we apply to the court to have it struck out because of this??

Enjoy your weekend, and thank you very much for your help

Buncrana