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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
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Me Iii Ltd/Ascent legal joint Claimform - old black horse loan


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can someone advise me please...

i have received a claim form from Ascent legal on behalf of the above.

 

it relates to an amount £2864.14 which is in relation to a secured loan from black horse.

 

i have paid them nothing nor have i replied to any correspondence in over 6 years

- is the claim statute barred or not?

thanks in advance

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Hi tim and Welcome to CAG

 

I have moved your thread to the appropriate forum...please continue to post here.

 

Please read the following link and then copy and paste the Qs and your responses back here to assist us in giving you the best advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(3-Viewing)-nbsp

 

Regards

 

Andy

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Name of the Claimant ? MEIIILtd

Date of issue – 25 jan 2018

 

Date to submit defence - 26 february

 

What is the claim for –

 

1.by agreement entered into between the claimant and the defendant.

the defendant has failed to pay the sum of 2679.14.

the claimant has requested payment but the defendant has failed to pay the full sum demanded.

2.the claimant claims the sum of 2679.14 and interest under s69 of the county court act 1984 at a rate of 8% per annum from 24.1.18 until judgemnet or sooner payment.

costs. the claim does not include issues under the human rights act 1998.

the claimant complied with sections iii and iv of practice direction pre action conduct of the civil procedure rules

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? not sure

 

What is the value of the claim?2864.14

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? a Loan [poss secured]

 

When did you enter into the original agreement before or after 2007? before i think

 

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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? cant recall for sure

 

Did you receive a Default Notice from the original creditor? may have again not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

 

Why did you cease payments? not sure, but over 6 years ago

 

What was the date of your last payment? April 2016

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a ?no i dont think so

Edited by Andyorch
Last payment amended
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you say this is a secured loan?

is the charge still showing upon your property entry at the land registry site?

 

what date is top right of the claimform please

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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check the .gov.uk land registry site

I bet its no longer secure or atleast not under the claimants name by the OC.

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 note your correct defence filing date above

and also that

if that's EXACTLY the complete wording of their POC [only missing the account number]

then no you've never entered into any agreement with the claimant!! its was with the original creditor!!

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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thanks,

yes that is the correct wording on the POC.

 

how do i check the regsitry please?

sorry i know im a bit thick,

i went to website and couldnt understand what to do or what to request....

thanks again

 

hi,

ooh i managed to get a copy for £3. it does list a charge entered on 28/12/2007 for the 21/12/07 ' in favour of black horse limited'

- i think we had two loans with them so it seems only one was/is registered....

 

what else do i need to do please.....?

 

many thanks in advance

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does the charge number match the one on their poc?

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 theres no account number in the POC at all?

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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oh this could be fun..they don't even know what they are litigating over..

 

so you answered secured loan above...this is not true then?

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

we did have 2 loans with them,

i know one was definitely secured and that shows up on the search that i did on the land registry today

although the registry has no refrence numbers for it either at least on the search that i got back.

 

i cannot recall if we secured the other although from the registry it appears not.

i really dont know which they are litigating for here....

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They might have shot themselves in the foot here hopefully, with a rubbish POC.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I think i'd be inclined to go with the SB defence.

 

you would have received many letters prior to the claimform

have you got them still?

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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well what happened to them?

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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what good does binning them do...doesn't make things go away

hence why you've now got a claimform.,,that's the reason why phishing letters should never be ignored

 

were any of them discount letters?

can you remember about them?

any of them?

even the smallest detail could be helpful

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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ok for now get this actioned

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

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...

hi, i have found a letter from 12th december, headed letter of claim.

 

it does also show that i was paying 10 pound per month off this debt up until april 2016 it was going out to mortimer clarke which is why i did not put 2 and 2 together.

 

what do i do now please?

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get post 22 all actioned

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, i am trying to log on and acknoweldge teh claim but the password no longer works, have i missed the date? i thought i had 28 days?

needing urgent advice please, i dont want someone knocking on my door.....:-(

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