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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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Arrow/shoos claimform - old M+S Credit Card Debt


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Std letter they always sent

If you were to read any other arrow claimforn thread

Changes nothing

Safe to ignore

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 now friend waits for a Shoos letter to also state the claim is on hold until Claimant provides details?

 

My friend is worrying - cos he is overseas - so I need to relay details and allay his fears

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After 28 days from filing defence

It will be auto stayed

Then they'll have to pay more to lift stay

 

Ignore everything now

Other than letters from the court only

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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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

Hi

Friend is concerned that the Court has not served a "notice of provisional allocation to track".

He seems to think this is needed to tell him which directions questionnaire to fill in. The Directions Questionnaire requires him to contact the claimant to discuss the information he would provide before returning it to the court.

The form must be returned to the court by the date given, or the court may impose a penalty.

 

MCOL confirms 17-08 as reception of the defence - nothing has been received from court since.

Should he contact the court to inform them of the situation and request confirmation when the form was or will be sent?

 

OR - will the court do nothing because Arrow cannot continue with collection - or the claim -

until they have provided the docs requested under cpr and cca???? Is this why friend hasn't received directions form yet?

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is it 28 days since he handed in his defence?

if it is THE CLAIM IS STAYED.

 

he does NOTHING MORE

till THE COURT WRITES TO HIM.

 

ignore any willy waving by the fleecers or their dogs...end of!

 

HE does NOT need to find/get/fillin ANY FORMS HIMSELF

 

the claim is stayed....parked dead.

 

 

so about 17-09 is your date

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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hi

Can I please ask exactly when SB comes into 'play' ?

 

Is it the date when the credit card company terminates the account?

Or when the date when the card holder last made a payment?

 

Friend has received a letter from Sols to say that they don't consider the account SB.

 

Friend last made payment 6y and 4m ago.

No letters/no contact at all since that point.

 

Yet Sols say that the account was terminated 6 months after last payment.

They say it is this date that they look at and this date is within 6 years (a few months to go).

 

They further state that

'an action founded on simple contract shall not be brought after the expiration of 6 years from the date on which the cause of action accrued'.

 

 

They then quote a date of 'cause of action accrued' as being 6 months after friends last payment and the date the company (m&s) terminated the account.

 

They then proceed to state that they do not consider friend has any prospect of successfully defending the claim.

 

So what is friend's position?

 

And how can sols write this to friend when the Claimant has written saying that all collection activity will cease until they have found all the docs requested under cca??

 

Please note that shoos have not responded to the cpr 31.14 request yet.

 

Should friend point out that in their consumer creditlink3.gif sourcebook, the Financial Conduct Authority states the following rules:

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

AND

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

AND

Unless they can provide evidence of payment or written contact from friend in the relevant period under Section 5 of the Limitation Act, friend should suggest that Claimant is no longer able to take any court action against friend to recover the alleged amount claimed.

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It runs from the cause of action......which is the first missed contractual payment...not from the termination date and not from when the creditor decides to issue a default notice.

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its a willy waving letter from arrows

 

let them proceed if they want too.

 

no need to write back and say anything

 

IF they are going fwd he'll get an N180 from the COURT

until them he does nothing

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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It's the Sols - shoos - that have sent the letter, not arrow.

 

Arrow wrote to say collection would stop until they'd provided the docs under cca request.

 

Shoos have said 'in the interests of cost's friend should put a reasonable offer of repayment to their client (Arrow) at this point. They've given 2w to reply with I&E form and repayment proposals.

 

So - from what you both - dx and Andy - say, friend just ignores this letter?

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doesn't matter whos sent the willy waving letter

as post 35

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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  • 2 weeks later...

Its stayed

Nothing more to do

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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Can I please ask what happens to the case now?

 

Shoos failed to respond to the cpr 31.14;

Arrows failed to send anything - yet -re the cca request.

 

 

Friends defence was filed and I understand the date has passed which means the case is stayed.

But what exactly does this mean?

 

Does it mean that effectively nothing happens with the Claim?

That the court throws it out?

 

 

Or can Arrow or Shoos revive the Claim

- for a fee - in the future?

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its stayed as post 39

 

 

and you last sentence is correct.

 

 

but you only EVER pay attention to letters from THE COURT.

not the fleecers or their dogs.

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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  • 3 weeks later...

Arrow have written to friend.

They just remind him that they have not yet got the required docs from M&S. And will send docs as soon as got them....

Surely Arrow must have been told by Shoos that friend has said it is SB?

Should friend gently remind Arrow? Or just ignore...?

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Yep

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

Shoos has written

- reminding friend that friend hasn't replied to their last letter

- in which they asked for I&E form and 'in interest of costs' for a reasonable offer of repayment.

They are disappointed friend has not replied.

 

How does this work

- Arrow wrote saying account/debt collection on hold until they get docs from M&S

- so why are Shoos reminding friend to send in I&E and to make reasonable offer??

Isn't there a template letter to be sent telling Shoos to stop harassing friend?

Or - again- friend should just ignore Shoos?

 

 

Also, Shoos seem to not be sure of friend's name!

They keep asking friend to confirm correct spelling.

They spelt it wrong on their claim

(which pretty much confirms they and Arrow don't have the original docs).

 

Friend spelt it correctly in Defence (obviously).

Shoos are now questioning it.

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You ignore!!

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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