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    • Did you send the note giving them the extension of time? When does the extension expire/date for issue of claim? I see that this thread started on 25 October. I have to say that when it started I thought it was going to be a quick fix and hadn't bargained for virgin's ineptitude which has certainly made it a lot more interesting but I'm hoping that March is going to be the month that it will finally all get sorted out. Surely someone responsible within Virgin has got to start taking a look and understanding the extraordinary mess that they have built for themselves and want to sort it out.  
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    • no go back and read my guide earlier CAREFULLY...
    • Oh ok.   I thought I would need to write some sort of defence when I acknowledge the claim on the mcol website.
    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
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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.
       
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      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!
       
       
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AK/Judge & Priestley - claimform - old MBNA card 'debt'


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pay us something before we have to run away...?

?

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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nope I think you are 100% correct

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 I'm a little more prepped for the next stage could someone please advise what form I should use to request the documents? Also would it be best just to request copies of everything they have? Can't see the harm in it

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They have not got anything to ask for...unless you want a reconstituted version of the agreement and Notice of Assignment...nothing from MBNA:lol:

We could do with some help from you.

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Afternoon everyone.

 

Whilst I know the paperwork they have has little to no value I would still like copies of whatever I can get. Could you please advise if there is a certain form I should use to request it or just write a letter?

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Just write and refer to the documents as per the N265 and request which ones you wan t.(this should be done by a certain date as per your Directions)

We could do with some help from you.

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  • 3 weeks later...

Good morning everyone.

 

I received the attached letter last week and the below email yesterday.

 

Could anyone please advise what I should take from this?

It seems they still wish to move forward with taking me to court despite having no signed credit agreement.

 

Can they still pursue court if they do not have a signed credit agreement?

 

They also keep asking me to accept their proposal of £6k to clear the debt now....not a chance!

 

I also do not want them to contact me by email and want everything in writing, do I just email them back saying this?

 

"Without Prejudice

 

We note from our records that we have not received a response to ourwithout prejudice correspondence dated 27 April 2015.

In the circumstances we can only infer from your failure to respond to our offer that it is rejected

 

 

.If you wish to discuss a settlement proposal please contact the writer onher direct dial below,

otherwise we shall continue to proceed with legal action where the parties are subject to a risk on costs."

]

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So they have complied with disclosure.......what about witness statements?

We could do with some help from you.

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Hi, yes they've given me everything I requested. Load of nothing just some copies of statements, which were the last two sent by MBNA, some correspondence and the unsigned credit agreement.

 

They don't need to provide the witness statements until June

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  • 4 weeks later...

Hi all,

 

Could someone please help me with the next steps? My deadline is 9th June and I'd totally forgotten! I need to send signed statements of myself and any witnesses I intend to rely on. What is this? Is there a standard form?

 

I've heard nothing from Aktiv Kapital since the letter above

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Standard witness statement stage of the directions... a draft from yourself......plenty of examples in other threads/Legal Successes.

 

Andy

We could do with some help from you.

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Good morning all.

 

Well I received the attached letter on Friday....did I win??

 

 

Please note the wrong name of a Mr Kevin Phipps in the middle of the paperwork but all the rest has been addressed to me.

 

 

They are asking me to sign this but nowhere does it state they will not sell the debt on or keep registering it against my credit file.

 

 

Can I ask for these to be put in?

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I would check that it was intended for you first before signing Red......but yes this brings the matter to an end by way of a drop hands settlement agreement.Because the claim was in Fast Track...for them to merely discontinue would expose themselves to wasted costs...hence the the Consent.

 

This is only with regards to the claim...the debt still exists...the debt may be assigned in the future (unless statute barred by then) and the debt will continued to be reported to the CRAs (until it reaches it 6th Anniversary)

 

But well done this brings the matter to an end...once you have confirmed the name alteration and signed and agreed....let me know and I will amend your thread title to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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HI Andy,

 

I am going to return the letter to them unsigned asking for an amended copy with my name in the body. Fortunately for me the debt was statute barred in May I think, will check the paperwork though. Can I please ask if the debt is statue barred 6 years and two months from the date of the last payment?

 

When it does meet the 6th anniversary does it simply drop off my credit report? I'm too scared to look at it just now! I had read that debt collection companies can register the debt each time it is bought, is that correct? If so there could be loads of entries for just this one debt

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HI Andy,

 

I am going to return the letter to them unsigned asking for an amended copy with my name in the body. Fortunately for me the debt was statute barred in May I think, will check the paperwork though.The clock stopped on SB on issue of the claim it will restart from the date the claim is discontinued Can I please ask if the debt is statue barred 6 years and two months from the date of the last payment? There abouts

 

When it does meet the 6th anniversary does it simply drop off my credit report? Yes I'm too scared to look at it just now! I had read that debt collection companies can register the debt each time it is bought, is that correct? No they can only attach their name If so there could be loads of entries for just this one debt But its the same debt and will expire on 6 years from default date

 

Regards

 

Andy

We could do with some help from you.

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No......the Statute Barred clock stopped ticking the day the claim form hit your door mat...once the consent is sealed by the court...it starts again.

We could do with some help from you.

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I'm so sorry I'm struggling to understand this statute barred part. When you say the consent is sealed by the court is this something that has already happened? Sorry for being stupid about this! I just need to understand if my credit is going to improve and if anyone else can now go after for me for this debt? If my understanding is correct it sounds like someone can

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I'm so sorry I'm struggling to understand this statute barred part. When you say the consent is sealed by the court is this something that has already happened? No when you sign it and send it back...normally takes a week or so Sorry for being stupid about this! I just need to understand if my credit is going to improve and if anyone else can now go after for me for this debt? If my understanding is correct it sounds like someone can
Yes they can as per my first post of today.......discontinuance of a claim has absolutely nothing to do with the alleged debt.....just the claim and court procedures. You still have a debt...its still on your credit files until it reaches 6 years /statute barred......if before that date they sell it again then another parasite could issue a claim.

 

Dont think I can explain that any simpler RED>

We could do with some help from you.

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So basically as soon as I sign this letter and the consent is sealed by the court this six years has begun all over again.....sheesh! Feels like it'll never go away. I guess the one positive is that it will drop off the credit file at six years, which should be now, and hopefully my credit will start to improve

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No....let me try once more......

 

Was the claim statute barred before they issued the claim ? If no...the clock stopped on issuance of the claim and will restart (from were it left off) after discontinuance.

If yes it was statute barred at the time they issued the claim...then that should have been your defence all along.

 

Try separating statute barred from default periods.

We could do with some help from you.

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