scarydays
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Everything posted by scarydays
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Quick further question - there is no reference to my account number on this agreement at all - is this correct?
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I was hoping for some assistance with this. I believe the document that has been provided to me is what is known as a reconstituted agreement. Can anyone shed some light on what this is, and whether it would stand up in court? Thank you
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Thank you for merging
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Will remove that. It possibly is. So the document attached doesn't satisfy cpr24? How should I proceed from here, would you say?
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Yes they are. These were my posts from when I first replied to the original claim.
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Arrow Global issued a claim against me in the Northampton Bulk Centre in 2012 regarding an MBNA debt. I requested that they provide me with a copy of the agreement so I could defend it. I never heard anything and the case was stayed. I have now received a letter from a solicitor, Blake Lapthorn, with what they say is a copy of the agreement (attached) and that if I do not pay the full amount within 10 days of letter date they will request that the stay is lifted and seek summary judgement against me. Would appreciate some assistance with this please. Many thanks.
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Hi there, I recently sent a CCA request to Marlin. I enclosed a postal order buy didn't put any payee on there. They have returned my PO because it doesn't have any payee details on it. I thought it was not necessary to put this on there. Should I just start again and send it back with the Payee details on there? Thannks
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Well I paid off any outstanding overdraft in 2008 when I opened a bank account with the Coop and moved my salary payment to there. I don't think I ever closed the account, but I have not received anything from them since - apart from this letter out of the blue from Marlin.
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Well sort of - its a different DCA. I did have a lloyds account many many moons ago, with an overdraft facility, with nothing owing on it, but I have not used it in years. I've checked my credit file, and the account is showing, but with a S for settled back in 2008. Not sure where this has come from and want to send a letter - but just don't know what letter to send them.
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I have received a letter from a debt collector regarding an alleged Lloyds overdraft/current account debt. Is it best to send a CCA request (I know the standard one does not apply, is there another I can send) or should I send a SAR? Thank you.
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Hi there - I could do with some advice. I have a CCJ for a large amount of money as a result of a Personal Guarantee on a Business Debt. Its a very long story how it all came about - and, I do believe I was completely done over by the bank, but as I had signed a personal guarantee, I hadn't a leg to stand on. The order made was for the entire amount to be paid. The bank, however, agreed that I could make monthly instalments, which I have been doing. Today, I received an email from their solicitors, out of the blue, which simply states that the arrangement we have in place will last till Jan 2014, at which time they want all of the debt repaid. They want my proposal for how I intend to do that within the next 14 days or they will issue bankruptcy proceedings. I'm guessing they have the right to do this, as the arrangement is only at their discretion. My question is - should I be applying to the court to vary the judgement in order that I can put the repayments on a formal footing. To be perfectly honest, there is absolutely no way I can pay this full amount by Jan 2014 - unless I win the lottery. What I was hoping to do, was over my lifetime to eventually pay it off instalments. If they bankrupt me, they will get very little - but I really don't want to go down the bankruptcy route. I've struggled for some years since this whole thing kicked off - and am only now starting to see light at the end of the tunnel debt wise, and a way forward with my life. Bankruptcy would most definitely finish me off at this stage. Would love to hear your opinions and advice on what I should do. Many thanks.
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Thanks for this. Anyone had any dealings with them? I've no idea why they have contacted me. They say it relates to a Lloyds Current Account. I don't have a Lloyds current account - I don't bank with them.
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Hi there - just wondering if anyone has had any dealings with Firstsource? I've just had a letter from the relating to an alleged Lloyds bank debt. I cant find any info on them.
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Update - Just received a letter from Drydensfairfax acknowledging my letter. They say they have requested the documents from their client which could take up to 8 weeks to be received as the client will need to request them from the original lender. They say they will place the matter on hold until the documents are received at which point they will contact me further. So what do I do now? I asked the court to give them 14 days to comply or strike out the claim.
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Has anyone got a postal address for lowlife Lowells. I'm attempting to send them a CPR - but they don't put a postal address on their letters
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Thanks Andy. I was just worried that my defence doesn't really say anything - but I guess its a waiting game.
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Thanks Andy POC is 1. THe claim is for the sum of £xx in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number xxxxx upon which the defendant failed to maintain payments. 2. A default notie was served upon the defendant and has not been complied with 3. By virtue of a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. My defence : I deny any indebtedness to the claimant. I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full and complete defence under the circumstances. Defence (continued) The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim. The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.
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I received a claim form from Northampton Claimant Arrow Global Guernsey via DrysdensFairfax for an old debt which is marked as settled on my credit file. I have in the past submitted a SAR and CPR request to MBNA and to other DC's -but have never received anything back. I acknowledged service and sent a CPR31.14 to Drysdens - haven't heard anything and needed to file a defence by yesterday. Not sure if I have messed up, but I just put in a defence saying I denied everything and was awaiting the documents listed in the POC in order that I could put together a proper defence. The only correspondence I have received from Drysdens since the court claim is a letter from them claiming they had got judgement against me, despite the fact that they had not. Should I do anything else? I'm feeling a little exposed as I have not filed a proper defence. Should I send a SAR/CPR to Arrow Global Guernsey - whom I have never had any dealings with? Or do I send them to Drysdens? And do I need to provide anything extra to the court at present? Thanks, SD
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County Court: Arrow Global/Drydensfairfax
scarydays replied to The Blue Hand's topic in Financial Legal Issues
Hi there - I have exactly the same issue - with a defence that needs to be filed today - for an MBNA debt that I don't believe I owe. It's from 2009 when I lived at a previous address, and I know it was settled. I haven't written to Dryden's Fairfax requesting anything as The Blue Hand has (personal family issues taking up my time, although I did acknowledge service to buy me time). Do you think I can send the letter to DF today, and enter a similar defence and hope that I get the chance to defend? Or should I just defend, deny I owe the money and request that the court ask DF to provide the documents? -
I received a Claim Form last week for Northampton from Drydans on behalf of Arrow Global for a debt they claim I owed to MBNA which they claim to now own. I am not aware of any debt owed to MBNA. I did have a MBNA credit card which has been paid off and I no longer have the card - and I've just checked my credit record and it is marked as settled - since 2009. hich I believe is correct. I've logged on and acknowledged service and said I will defend the claim. Any suggestions as to how this could have come about? and how I should go about my defence? Many thanks.
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Hi there - just wondering what happened with your case. I've just received a penalty notice for a car I traded in last May. I sent off the change of ownership to DVLA - bit now I have this penalty. They say on the back that to defend it I need a copy of their acknowledgement - which I don't believe I ever received. So do I have to pay a penalty for their poor admin procedures?
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I have contacted the people on the SD and provided them with the details to show that the payments are up to date . They have said that they will refer to their client to see if they still want to go ahead with bankruptcy proceeding because they can still do that. Should I still put in the set aside form, do you think? Is now the time to apply for a variation - or is it too late now that a SD has been issued? I just feel that I am completely at their mercy without some formal process in place to manage this. If they issue SD's every few months, I'll have a nervous breakdown. I've been pretty much paralysed with fear since this one arrived. I can't even afford the current payments I'm making - my family are helping out with them.
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Thanks for the reply Andy. The judgement was for the full amount - I then entered into arrangement with the bank to pay an amount per month as I cannot afford to pay the entire amount. I never went back to court to agree that arrangement with the court. Does that leave me exposed is any way? I have adhered to the arrangement set up with the bank tho.
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I received a statutory demand from BOS. Judgement was entered against me last year and I came to an agreement with them to start paying a monthly sum from January. I have paid this every month since (so January - April, May is almost due) - but received a SD last week as they say I have not kept to the agreement. I cannot understand why that would be. What do you think my chances are of getting it set aside?
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Thank you all. Will get going on this ASAP.
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