ME III /? claimform - old Blackhorse Loan - cleared/Statute Barred already

[Cheekywink]

Hi Andy,

 

 

Yes I sent a CCA request and the CPR 31:14, both were sent on the same day to the same address (but in separate envelopes and addressed to the relevant company).

 

 

The CCA request had the £1 po attached to the letter.

 

 

I had received a response relating to the CPR 31:14 as above but nothing yet in regards to the CCA request.

[AndyOrch]

Then put it in your defence...its vital

[Cheekywink]

Hi Andy

 

 

Do I use a similar defence to what I copied from another post above (once I've edited to my own details)

 

 

At what point do I register this defence? As you noted I have until 4pm 3rd March, do I wait until then or register it prior to this as some of the posts I've seen suggest companies tend to reply to the CCA requests at the final minute to reduce the available time to draw up a defence.

[AndyOrch]

The defence in post#24 above will be fine..it refers to a section 77 CCA request which is a loan ...I would move point 6 upwards and place it after point 3.

 

Submit it on the 2nd March ...dont leave it until the death in case there are problems with MCOL.

 

You wont get a response to your CCA request before your defence due date.

 

 

Andy

[Cheekywink]

Thanks Andy,

 

I'll try get this drafted tomorrow and a reminder set for the 2nd march.

 

Thanks for everyone's help so far.

[Cheekywink]

I have added the personalised defence statement below, as recommended I have moved a couple of the paragraphs around.

 

 

Do I just copy and paste this into a section on the MCOL when I log back on there?

 

 

Out of interest, why would I not receive a reply to the CCA Request prior to the defence date? Surely this is the evidence / documents that this debt somehow still exists.

 

 

What is the claim for –

 

1.By an agreement between Black Horse Ltd and the defendant on or around 9/2/06 (the agreement) Black horse Ltd agreed to loan the defendant monies.

 

2.The defendant did not pay the instalments as they fell due & the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

The claimant therefore claims 2681.18

 

Proposed Defence.

 

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have, in the past had financial arrangements with Black Horse Ltd, however I do not recall the exact details or am I aware of any outstanding balance. I have requested the claimant verify the details of this claim by way of a CPR 31.14. The claimant has failed to comply.

 

2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

4. On the 2nd February 2017 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

5. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the breach and service of a Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

[Cheekywink]

Hi,

 

I have now submitted the defence through MCOL, what happens now?

[AndyOrch]

They have 33 days to consider if they wish to proceed or let it stay.

[Cheekywink]

Thanks Andy

[ncr8]

hi all

am in a similar situation with ME III - what was the outcome here?

[AndyOrch]

hi all

am in a similar situation with ME III - what was the outcome here?

 

Claim is stayed ?

[Cheekywink]

hi,

 

Sorry I've been quite hectic at work and not had chance to update.

 

I will get some more details on tomorrow on how this has progressed.

[Cheekywink]

Hi Sorry for the delay,

 

 

Quick update for you.

 

 

After receiving the letter on 9.2.17 from Mortimer Clarke solicitors advising that they do not hold the documentation I requested under section 77 of the CCA (on page 1 of the post)

 

 

I have since received a letter from Cabot Financial on 21.2.17 (had no dealing with these before and no mention of them), they advised that the account is currently assigned to Mortimer Clarke solicitors for collection so they are unable to action my request in relation to providing information under section 77-79 of the CCA and that all requests should be re-directed to Mortimer Clarke who will liaise on the matter, also that they have updated them on my correspondence.

 

 

Further letter received on 22/3/17 from Mortimer Clarke Solicitors advising that they have received my defence and were taking their clients instructions in relation to this and would come back to me asap, in the meantime the matter has been placed on hold.

 

 

Since this I have heard nothing, the claim is still showing on MCOL. No correspondence received at all from MEIII Ltd, no closure from Mortimer Clarke Solicitors and absolutely no idea where Cabot Financial have fit into all of this.

[dx100uk]

all the same company they just use different names within the 'group'

 

so claim is stayed then

and they'll have to pay more now to unstay it.

and ofcourse prove its not SB'd

 

fat chance of that happening then.

 

go enjoy your life

forget about it.

only pay attention if you get anything from THE COURT.

 

the rest of the junk you get will purely be willy waving from the 'group'

 

dx

[Cheekywink]

Hi,

 

After a period of quiet I've now had another letter from a company called DLC based in Northamptonshire sent to an old address dated 26th June 2017.

 

Notice of sums in arrears, Creditor name MEIII Limited, account type: Fixed sum.

 

This has added External Solicitors Costs of £105 and External solicitor fee's of £80 to the non existent debt from the original letters sent at the beginning of this year.

 

As you say this is probably a bit of willy waving from another company in the group but it beginning to become annoying and my concern is that as they are using an old address from 5/6 years ago so if they do instigate court action again I may not find out in time to prevent it.

 

Would you recommend ignoring this or would you contact them to refer them to MEIII failure to provide any evidence of the debt and also to update the address?

 

Thanks

 

 

Can I refer them to the original letters sent to MEIII, and

[AndyOrch]

Notice of sums in arrears is a requirement for all creditors/Assignee's to issue this notice at least annually in compliance with the CCA2006 amendments ...has nothing to do with the court claim,,,however they should be sending it to your current address.

 

 

Andy

[Cheekywink]

Thanks again Andy.

 

 

Would it be worth contact this new company via post/e-mail to advise them of my current address just incase they do instigate new court action and request that they send me confirmation that this debt does not exist as not wanting this to keep cropping up.

[AndyOrch]

It would be prudent then you receive any documents from them...they wont confirm the debt does not exist...as its pending to current litigation which is stayed.