MKDP claimform - old Lloyds OD ***Claim Discontinued***

[Terry1975]

what i meant is re one defence point not prejudicing another. depends on the circs.

one eg cld be for eg where someone is saying no debt, but is also saying in any event/notwithstanding that it wld be statute barred. the barred submission (which means there is a debt) not prejudicing the no debt submission, in case it wldnt be barred. if that makes sense but, a bit of a 'dilution' as andy points.

no worries though, was just thinking aloud.

 

for another opinion, have you double checked with the likes of the national debtline for eg for their view on whether is barred?

 

I haven't done, but I did hassle Lloyds some more and they stated that they still can't see any transactions as they don't have the details...all they can see was the default date which was when they stopped charging interest, they went away to ask a manager what else could be done... they then put me through to another dept whom would supposedly provide me with free copies of statements, this turned out to be standard customer services who could only see the old online saver!!!

[Guest]

give the nat debtline a call, see what they say re poss statute bar in yr circs

[Terry1975]

I called them, they advised me that current accounts are different to credit cards re statute bar, rather than it being the date of the last transaction they believe it to be the date they issued the default notice, so even though my last transcation may have been Jan2009 it doesn't matter as they didn't issue a deafult until 2011 (according to my Noodle credit report)

 

With that in mind I have submitted the standard defence....

 

What happens now? sit back and wait for a response from the Court?

[Guest]

ok, yes bar is different depend re what type of a/c and the circs.

imo, re an o/d, generally wld be from expiry of the notice when they first demanded the whole lot in (any payments thereafter resetting). as i mentioned before.

yes, see what happens. court will send yr defence to the claimant. for the claimant then to decide what they want to do.

[Terry1975]

I have received a letter from the Court dated 14th April stating they acknowledge receipt of my defence and that the claimant may contact me directly to attempt to resolve any dispute. If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed.

 

Then goes on to state that the claimant must contact the court within 28 days of receiving a copy of my defence, after the period has elapsed, the claim will be stayed.

 

I have heard nothing from MKDP LLP nor had a response to my earlier request to them, if they write do I negotiate or hold my nerve?

 

Many thanks,

 

Terry

[AndyOrch]

Standard response once a defence is submitted Terry......I very much doubt they will contact.....let the claim proceed to stayed or allocation.

 

Regards

 

Andy

[Terry1975]

Hi Andy,

 

The 28 days has gone and I haven't heard a thing, logged on to MCOL and nothing has changed.

Do I need to do anything now such as ask for it to be stayed/dismissed as they haven't responded in time?

 

Many thanks,

 

Terry

[AndyOrch]

No Northampton will automatically stay the claim.

[Terry1975]

But technically they could decide to proceed at anytime? will this ever reach a point where it could be dismissed at say SB for instance?

[AndyOrch]

There is nothing to dismiss.....a stayed claim is merely a speculative claim.......only when its allocated does it become a claim.

[Terry1975]

Andy,

 

Thank you for the clarity, appreciated.

[Terry1975]

I keep logging on to MCOL to see if it has gone to stayed but it is still at latest document received defence.. is it just a case of waiting?

 

Also going to move house at the end of the month so I guess it's in my interests to update my address with the court as the one thing I don't want is judgement in my absence

[AndyOrch]

Pretty sure MCOL does not show a status of stayed...simply defence submitted....you can always give Northampton a ring and enquire.

 

Andy

[Terry1975]

Thank you Andy, I'll give them a call ASAP and update.

[citizenB]

You will need the claim reference number.

Just asked them what is the status of this claim please

[Guest]

likely to be auto stayed if not heard anything since the 28 day deadline has passed, around 19th may? unless they are in a backlog.

[citizenB]

And yes, you should let the court know your change of address.

[Terry1975]

I have have just spoken to the Court, they were very helpful.

 

The claim is stayed and the DCA will have to pay a fee and provide a good reason as to why they failed to respond to the court's requests to re-ignite this.

 

Thank you all for your help on this one so far

[AndyOrch]

[Terry1975]

 

Not heard a peep since my last post which is good... but the default is 03/2011 meaning it won't drop off until 03/2017

 

Was hoping to get a mortgage next June,

lets say I bit the bullet and paid would that then show as settled but for another 6 years from that date?

If so then guess I might as well wait it out until 03/17?

 

Another question!

 

I thought I was nearly home free and clean but another has crawled out of the woodwork from Lowell's

and it will be six years old in May according to the credit report,

 

 

they are currently at the stage of if I do not respond they will do a credit search

to see if I have any assets such as property and evaluate my financial circumstances!

 

 

I'm guessing that they are allowed to do this as they have bought the original agreement that says the company can credit check me?

 

Do I just keep my head down and see what they do next or maybe try diversion tactics such as not known at this address?

 

As ever all advice appreciated

[dx100uk]

paying will not remove a default nor improve you file.

 

 

as for the new threat

start a new thread

in the named forum for the original creditor.

 

 

dx

[Terry1975]

Logged on to MCOL for the first time in ages to check they haven't appealed or anything and the status has changed to

 

Notification that the claim against you was discontinued was received on 09/12/2015

 

 

Equifax have removed it, but it's still on callcredit/noddle until March 17 by the looks of it.

 

I have raised a dispute as they can't prove I owe them a bean, they didn't respond to the CCA request so surely it should be removed?

 

Or am I risking them coming back after me by making a fuss?

[AndyOrch]

Thread title amended to discontinued.

 

Regards

 

Andy

[dx100uk]

Logged on to MCOL for the first time in ages to check they haven't appealed or anything and the status has changed to

 

Notification that the claim against you was discontinued was received on 09/12/2015

 

 

Equifax have removed it, but it's still on callcredit/noddle until March 17 by the looks of it.

 

I have raised a dispute as they can't prove I owe them a bean, they didn't respond to the CCA request so surely it should be removed?

 

Or am I risking them coming back after me by making a fuss?

 

 

not being able to provide enforceable paperwork is no reason to remove a default.

don't forget also it would have been the OC that placed the default upon sale not the DCA.

 

 

dx

[Terry1975]

I noticed this had crept back in to closed accounts on my Clearscore report but under the name Hoist, are they the same company? I raised a dispute with Equifax, they replied stating it was for a credit agreement with Lloyds and although it has been discontinued the default will remain. I responded asking them to provide more details as to what the alleged agreement was for and to please remove this as Lloyds themselves can find no records of it.

 

Hoist have failed to respond so Equifax have removed this one