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Decanus

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  1. Hi Pinky, when the agreement was arranged, they sent a letter outlining the arrangement, amounts dates etc, with the paying details, so I have that with me. Problem was, the original lender from that point on told me to deal with them. so if they did replace them with the new DCA, and Moorcrfot didn't want to tell me, then they would have kept banking my money. I suspect none of that money made it to where it should have gone....
  2. thanks for the reply. I have asked for a statement of account, but they have not replied. I think the account was re-allocated by the lender, and Moorcroft just didn't bother to say anything, and let me continue to pay them when I shouldn't have. If they have nothing to hide , it seems a bit strange they are not responding. I am going to write to the original lener as well to query what is going on.
  3. Interesting one for you. I entered into a payment arrangement with a well known DCA, collecting on behalf of a company that came out of a chicken...they sent me the agreement, pay £xx a month and as long as I keep to it no problem... so I've been paying 8 months with no problem, and suddenly out of the blue get a letter from another DCA claiming they have been instructed to collect the debt. The amount on their letter I owe is the same as it was before the 8 months of payment I have made to Moorcroft.. so far, Moorcroft have ignored my letters so... It looks like they have been taking my money and NOT passing it on. What action can I take? am I entitled to get all that money back? is it not theft?! I am thinking of contacting the original lender and the OFT to lodge a complaint, are the original lenDer still responsible for the actions of their DCAany thoughts or opinions appreciated.
  4. Hi guys, been away for a while, had a baby girl who has taken up most of my time for the last few months! Been fighting the good fight on my own, and have been doing pretty well, but this one case is becoming annoying. Firstly, I am sick and tired of the judges letting these companies repeatedly file late, or not file at all, and yet still giving them leeway; I doubt as a litigant in person I would get any of that! specifically, I am dealing with a case where the Judge ordered it to be struck out. The claimant then applied for a hearing to have the judgement set-aside. The hearing was granted, on a day that was impossible for me to attend due to issues with my wifes health, so I instead sent a statement outlining why the struck out should be upheld. A few days later I received an order telling me the case was to be reinstated 'dependent on the claimant complying with the original order', so supply documents that I had originally asked for. This was several weeks ago, and nothing. So in the absence of any contact from the claimant, you would have to assume that as being non-compliance, as all they have to rely on are the original docs they submitted when the case was to be struck out! yet today, I have received a witness statement and bundle from the claimant. This has confused me. The court have not contacted me since their original order, so would they not have to issue directions for us to produce witness statements? If the claimant has not complied, why draft a witness statement. They clearly seem to think this is going to trial, but why?. I have written to the court asking them if, as the claimant did not comply with the order, has the case been thrown out. Still waiting to hear. Anyone have any ideas? I am a little worried that I receive a witness statement when I have not heard from the court or claimant for several weeks, and have not prepared anything as I was waiting to see if they would comply with the order. How can I prepare when I have not been informed if the case is proceeding, on what grounds it can proceed (how can they comply with an order to supply docs when they never sent any, and their bundle contains the same docs they had when the case was originally struck out!), and what the directions are? is this a court error? should I have received directions? aaaargh. any help, advice, ideas gratefully received.
  5. thanks for the reply. Thats a good point, that they haven't attached a copy of the agreement. do you think its worth pointing this out to the court? do they have to re-submit the claim with the agreement? or will the court, as they seem to do all the time at the moment, just excuse this oversight!
  6. Thanks for the reply. Typically, the HMCS website is down, with all the UK court details... I'm still curious though as to why this was submitted through the Banbury court, not Northampton. Would this mean that I WILL have to request a change of court in my defence, to my local court, which is something that is done automatically on Northampton claims?
  7. Hope somebody can help, I have just received a court claim form from Spratt Endicott, and am a bit confused as its not from the Northampton County Court as is normal (isn't it?), before they send it to a court local to you. Its from Banbury County Court, which is nowhere near me. To make it even more irritating, there is no password on the form, so I cannot use the Moneyclaim online service, which is what I normally use, as I have a claim number but no password. All a bit rubbish, really...is this a ploy on their part? will the court be reassigned later?Anyone else had this situation? not entirely sure what to do. Shall I ring up Banbury and ask for a password? shall I return the Acknowledgement of Service page only, and the full form later, or must it all go together? any help gratefully received..Thanks
  8. not as yet, there may be a pre-hearing in the future, but nothing firm as yet, so its a bit of a waiting game. Will update in future...
  9. thanks for bumping, Nottsdave, very quiet on the forums again....
  10. well, the quicker the better, but I shall probably follow the slower, cheaper route... I shall just submit an embarrassed defence, but also write to the court manager enclosing a copy of the letter I received, asking for the court to throw the claim out...worth a try I guess
  11. If I wanted to save the £75, could I not just submit the defence, wait for the court to make an order to the claimant to provide said docs, and when (or if) they do not, then the claim would be struck out and I could claim costs.. its just the exposure to the £75 costs, as that's quite a lot of cash at the moment...
  12. thanks diamondgirl, , posts crossed! I agree with what you say though...never trust 'em.
  13. that sounds good CCM. Could I just ask for a few pointers as to how I go about that? I'm guessing the defence will just be a case of submitting an 'embarressed' defence, but would I need to add in anything further? and how would I go about submitting an application notice and a claim for costs? (I've not really incurred any costs as such, just time and paper!)
  14. thanks for the replies guys. I have already completed the acknowledgement of service, and have sent CPR letters, as well as the letter telling them of the SAR default. I was hoping, before having to submit an actual defence, I could get the claim thrown out at the Northampton stage..
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