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    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
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AG/Wilkin chasing unknown MBNA CCJ from 2010


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Morning Guys,

 

In the post this morning I received a letter from Wilkin Chapman LLP (Arrow Team)

with regard a CCJ taken out by Arrow in early 2010

 

(the claim number matches the one on my credit report although the amounts differ? CCJ £9266, AG/WC £8946.33).

I am sure that this is an old CC debt.

 

They have supplied a Notice of Change of Solicitor and a personal financial statement (which of course I will not be filling in).

 

I am sure that I did not inform the OC of a change of address in 2008 (home repossessed), so no chance of a set aside.

The debt itself is SB but I am aware that this means little with the CCJ.

 

It does state though that "Our client is willing to discuss terms of repayment and consider proposals from you."

 

My question is,

can anything be done at this stage to fight the good fight?

If not and without filling in the personal financial statement,

 

what sort of full and final offer can I make to them that would satisfy their greed on the amount outstanding

or a sensible monthly offer to clear the debt as quickly as possible?

 

As always they require an answer with 7 days before going all enforcement on me.

 

Any advice will be greatly appreciated.

 

Cheers

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is this the only comms so far?

 

 

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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so they've obv send its not SB'd letter

 

 

what was the old debt?

 

 

when did you take it out

when sid you last pay it?

 

 

need a lot more info to decide your next best move

 

 

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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so they've obv send its not SB'd letter

 

 

what was the old debt?

 

 

when did you take it out

when sid you last pay it?

 

 

need a lot more info to decide your next best move

 

 

dx

 

I have to disagree, the old debt has no bearing on this problem. The CCJ is the problem, not the old debt.

 

Have you been paying the CCJ? I suspect not. You can continue to ignore it, BUT they still have a few years to enforce it.

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well in a way yes, but the ccj will be there as you say for a few years yet

regardless to if its paid or not.

 

 

however, it might well be that the debt itself could provide funding thru reclaiming

to enable a settlement or a war chest

 

 

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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Share on other sites

well in a way yes, but the ccj will be there as you say for a few years yet

regardless to if its paid or not.

 

 

however, it might well be that the debt itself could provide funding thru reclaiming

to enable a settlement or a war chest

 

 

dx

 

Now that I agree with :)

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there is method in my apparent madness always

 

 

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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Share on other sites

who with?

 

 

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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Share on other sites

Me again,

 

Been doing a bit of reading...

 

1. I had mail forwarded to my new address when I moved and never received anything from the Courts or MBNA/AG with regard sale of the debt etc. Set aside possible?

 

2. Should I SAR both the OC and Wilkin Chapman LLP and would this slow them down whilst I get a case together?

 

Cheers as always.

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Me again,

 

Been doing a bit of reading...

 

1. I had mail forwarded to my new address when I moved and never received anything from the Courts or MBNA/AG with regard sale of the debt etc. Set aside possible?

 

2. Should I SAR both the OC and Wilkin Chapman LLP and would this slow them down whilst I get a case together?

 

Cheers as always.

 

 

SAR to the OC, CCA request to WC, but they may well decline and suggest send to OC.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes certainly need to get all the info you can.

 

 

might be an idea to call northants court Monday

 

 

ask for a copy of the CCJ or

at least get the address the CCJ was sent too.

 

 

if you can prove you had redirect running when the claimform was sent etc etc

 

 

I think you might have a case.

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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yes sadly

 

 

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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Morning guys,

 

Just drafted this to send to WC, any thoughts?

 

Without Prejudice

 

Dear Sir/Madam

Thank you for your letter dated xxxxxxxxxx 2014 the contents of which are noted.

I would like to bring the following to your attention and ask that you forward any documentation you have in your possession with regard the judgment against me and your right to collect.

· I am unaware of any proceedings brought against me by your client and will be today contacting the issuing court for a copy of the judgment.

 

· I have never received any documentation from the courts or your client relating to court action for which I am now obtaining proof for grounds to set aside the judgment and allow for a defence.

 

· I have never received a Notice of Assignment from the original creditor or your client.

 

· I am contacting the original creditor to provide me with a Subject Access Request (Data ProtectionAct 1998) to further support my argument. As you are aware they have 40 days in which to reply.

 

Whilst I am not denying the judgment exists, I feel that it is imperative that the judgment taken against me was fair and ask that you allow me time to gather the information required to decide my next course of action.

Like you, I would rather this matter be settled swiftly and with that in mind I am willing to consider a full and final settlement figure from your client.

 

Yours faithfully

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Should it prove enforceable

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

Morning guys,

 

Just drafted this to send to WC, any thoughts?

 

Without Prejudice

 

Dear Sir/Madam

Thank you for your letter dated xxxxxxxxxx 2014 the contents of which are noted.

I would like to bring the following to your attention and ask that you forward any documentation you have in your possession with regard the judgment against me and your right to collect.

· I am unaware of any proceedings brought against me by your client and will be today contacting the issuing court for a copy of the judgment.

 

· I have never received any documentation from the courts or your client relating to court action for which I am now obtaining proof for grounds to set aside the judgment and allow for a defence.

 

· I have never received a Notice of Assignment from the original creditor or your client.

 

· I am contacting the original creditor to provide me with a Subject Access Request (Data ProtectionAct 1998) to further support my argument. As you are aware they have 40 days in which to reply.

 

Whilst I am not denying the judgment exists, I feel that it is imperative that the judgment taken against me was fair and ask that you allow me time to gather the information required to decide my next course of action.

Like you, I would rather this matter be settled swiftly and with that in mind I am willing to consider a full and final settlement figure from your client.

 

Yours faithfully

 

 

 

Remove "without prejudice" once they receive this you will not be able to rely on anything you have written in court, you would have to get leave from the judge to mention the letter.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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