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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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WilliamW101

Arrows/Shoos CCJ old MBNA debt - offering Early Settlement Offer After failed CO attempt

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Hi

Not sure if this is the best part of the forum to post this but here goes.

 

I have recently received the attached letter from Shoosmiths acting on behalf of Arrow Global (Guernsey) who have a debt that was originally with MBNA.

The discounted settlement figure is for 60% of the total amount outstanding.

 

A CCJ was awarded in 2011 for circa £12k

 

Jan 2012 we relinquished our house to the mortgage company

 

May 2012 Arrow went back to court to get the house added to the CCJ as I had defaulted on payments

 

On the way way to court my (now ex) wife called to say the mortgage company had sold the house, the letter arrived in the post after I had set out.

 

In the meeting with the judge and Arrows representative I explained what had happened but had no paperwork to back it up (an hour's bus ride each way would have made me late for the meeting)

 

The judge duly gave them rights over the property and within 7 days I received another letter saying that we had sold the property without their permission.

 

I replied stating both the judge and their representative had been made aware of the property sale at the meeting.

 

I have heard nothing back from them since then.

The CCJ no longer shows on my credit report.

 

I do understand that the debt is still there but nearly six and a half years after their last correspondence this has come as a bit of a shock.

 

I do not have any capital to pay off the figure requested,

I own no assets of any worth and I have no disposable income.

 

The further options they mention (Attachment of Earnings and/or Warrant of Control) have rattled me somewhat.

 

What is the best response to the letter and what are the likely outcomes?

 

Any advice would be much appreciated!

Early Settlement Opportunity After CCJ.pdf

Edited by dx100uk
Spacing

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AFAIK, after such a long period of time, they will have to answer to the judge as to why it has taken them so long to action the judgement.

 

They are willy waving and hoping you are as uneducated as they.

 

They've had plenty of time to take action and they've failed to do so, tough.

 

IMO it doesn'teven merit a response to them, file it, keep it safe and keep an eye on your CRF.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the quick response, really appreciated.

 

With regard to the CRF, is that a general keep an eye on it or is there something possible directly linked to this?

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If the CCJ has already dropped off it, then just keep an eye on who (may possibly) be searching your files, IF it shows up.

 

 

They cannot add the old CCJ once it's dropped off, just as they cannot re-add defaults that have dropped off.

 

 

There probably won't be any movement on it at all, and what you've received is simply a computer generated threatogramme that some dullard has told it to send when they've been checking their archives.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks again, I'll keep an eye on it and update if needed

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Retitled and moved to legals

 

Ignore them


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.

 

It's the "unless" part that worries me

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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.


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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.

Thanks, that does help 🙂

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An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.


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That is a great explanation, and very reassuring. Thank you again

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