Ok thanks rebel11:wink: It's a Sunday today so I'll get it sent recorded in the morning to RBS Is it worth sending Apex an Email informing them of the SAR request to try and halt them getting HL legal to make a court claim?

Hi Well here we go again, another DCA off of my xmas card list I have a received a lovely letter from my best friends at HL legal of notice of impending legal action. I have dealt with HL legal before and left everything too late and got myself stressed out and in a panic so I want to prepare my defence/counterclaim early this time. Its a RBS credit card although I do not know which one it is, Apex were constantly harassing me on behalf of RBS and now its been passed to HL Legal. I believe there is a possibility that PPI is on the account and there definitely will be loads of charges. The balance is not very big and I was not going to bother claiming back charges (and PPI if there is on the account) but seeing as they won't stop hassling me and looks like they may be taking me to court then a counterclaim is in order and with a smallish balance they will almost definitely be owing me instead. Am I correct in the best way to find out charges and if there is PPI is a SAR request? And who do i send to- Apex or HL legal? Thanks

Thanks for your help Yes they wanted me to send them £1 for the documents, it has been very difficult to obtain them They sent them after I filed allocation questionaire and told the court that they refuse to comply, then the local court ordered them to give the info within 7 days yes they have sent all I asked for eventually apart from a termination notice and put in their letter that MBNA did not require to send one. -- Please note that the default notice provides that the agreement will be terminated on or after the date shown and therefore MBNA were not required to send a termination notice separately . -----Is this correct?? i received it thursday 28th oct, envelope is at home that it came in and I am away working so can't be sure what day they sent it just now, they have dated their letter oct 25th, I have spoken to the court today and they said it 14 days after the 28th which is the 11th i have NoA, only thing I did not receive that i asked for was termination notice http://http://s584.photobucket.com/a...d.jpg&newest=1 http://s584.photobucket.com/albums/s...nt=hllegal.jpg I think they may have me thats why I have prepared part admission minus charges, I just need to work out interest on charges. Am I being realistic or pessimistic here?

Sorry don't know if 1st or 2nd class. I had never seen the DN before!! Yes there are quite a few default charges, I think I now how to defend against this and I have already prepared a part defence against these chargesand offer to repay the balance in affordable installments incase as i expect i can't defend in full They do refer to sections 4-16 on the agreement as being on some seperate terms and conditions , entered april 2007 Sorry I have not SAR'd them I think it was july 2009 but I am not 100% because I am not at home right now so can't look at the unedited letter but here is the edited assignment where I have blanked out dates, personal details, balance etc http://http://s584.photobucket.com/albums/ss290/thk1111/capquest/?action=view&current=Capquestletteredited.jpg&newest=1

Reading around the forum are crapquest/HL legal trying it on with this? MBNA have sold on the debt to crapquest and did not issue a termination notice. Do I have a defence here?

Is it correct what they say about termination notice in this letter http://s584.photobucket.com/albums/s...nt=hllegal.jpg when they say.. Please note that the default notice provides that the agreement will be terminated on or after the date shown and therefore MBNA were not required to send a termination notice separately

BUMP AGAIN! HELP PLEASE!! I think they have got me here. I think DN http://s584.photobucket.com/albums/s..._edited.jpg%26 and CCA http://s951.photobucket.com/albums/ad352/hjjlhblkb/ are both valid but I just need someone to confirm then advise on what i should do about it if they are? And also look at the letter they sent me.http://s584.photobucket.com/albums/s...nt=hllegal.jpg I think if they get judgement they will be going for a charging order and obviously I don't want this to happen How do I admit to part of the claim minus the charges then offer a repayment that is affordable based on my disposable income ( its not much!) and fair to other creditors? - which if balance is compared to what I am paying to other creditors a fair amount would be £10 per month max. Please help someone I am running out of time to reply!

BUMP! Can someone tell me if this default notice is ok? And if it is what I should do? Do I admit to part of the claim minus charges + interest and if so how do I do this?

Hi Can someone take a look at this default notice they sent me (i have never seen this DN before, MBNA never sent one) and also the letter sent by HL legal and advise on what I should do? I also have statements to look at charges they have added to the account I only have about a week to reply so a fast response from someone will be most helpful http://s584.photobucket.com/albums/ss290/thk1111/capquest/?action=view&current=hllegal.jpg http://s584.photobucket.com/albums/ss290/thk1111/capquest/?action=view&current=hllegal.jpg#!oZZ2QQcurrentZZhttp%3A%2F%2Fs584.photobucket.com%2Falbums%2Fss290%2Fthk1111%2Fcapquest%2F%3Faction%3Dview%26current%3D2010-11-04-1910-54_edited.jpg%26 Thanks

Update... I have received a letter from the local county court. It says that it is ordered that the claimant do provide the defendant within 7 days of service of this order copies of the documents i asked for. Then i have 14 days to submit a full defence upon receiving the documents.

Yes I pay monthly by cheque ever since they tried to take money out of my account by direct debit for charges and just did not realise what day of the month it was. If all there is going to be is an extra 'final' payment then I'll just ignore them every month then when they send me a letter

They are aware of my £ in's and out's as I gave it to them in a phone call, I normally end up losing my temper with them if I speak on the phone but this woman DCA was unusually pleasant and listened to my situation and took that into account rather than being unrealistic and demanding an instant £500 then £400-£1000 per month like most DCA's normally do. Other debt collections should take note that manners, realism and being on planet earth work better than attempted bullying 15th it is then, I don't know why they were being awkward with this There are charges on both accounts although I do not have full statements for the number of charges, but there is no PPI on either Loan was 2008 and the agreement is scanned on previous post, I have not asked for so don't have the agreement for the credit card nor remember the date but would guess at maybe 2006-7

here is the credit agreement. I think everything is ok with it but can someone confirm please? http://s584.photobucket.com/albums/ss290/thk1111/Halifax%20loan%20cca/?action=view&current=halifaxccaedit.jpg

Hi I have been receiving calls and letters from Moorcroft regarding a halifax credit card of just over £4000 and halifax loan of a massive £16,000. I have come to an agreement with them about the card to give them £10 per month by standing oredr, although I have not made them a payment yet, so they keep hastling me as I want to pay on the 15th of the month which is the most convenient for me and for some strange reason only known to them they want me to pay on the 1st. Today I have received a letter from them regarding the loan and they surprised me by only requesting £50 a month but for some reason they are demanding the 11th of the month for this one??? I am considering making a counter offer of £40 for the loan account and £10 for the credit card so they will receive £50 per month from me and insist it is on the 15th by standing order. Is the above adviseable for me to agree to if my financial circumstances allow me too? (they do, I can afford £50 pm) Or should I look at other options, which I do not think there are any as good as this? I'll post the credit agreement up for the loan on the next post which was sent to me by the previous DCA but I think it is all ok and in order

I wrote to them many weeks ago and I have had a reply today, they say please refer to the terms and the conditions, I should not have signed the agreement if I did not agree to them, blah, blah , blah but they will refund the £165 to my account as a gesture of good will But since then they have added a further £25 charge for a late payment and they state in the letter that this will not be refunded and neither will any future charges. I will not be paying this so they can carry on wasting their time and money asking for this £25 every month, or will it be worth replying asking for this £25 that has been added to be wiped too?

Yes I deducted this from the balance. FFS cheque that I sent has now cleared today so if I have not received copy of NoD by Monday then I'll give them a call

.hjyj

Claim has been transferred to normal court. I have received the allocation questionaire, needs to be back for the 26th. Is there any sections on there that I need to fill in? Or is it just no to all questions (except C) and send the form back to them?

August payment of £96.66 has left my account today

Hi I already sent the AoS yesterday. I think I have enough written correspondence from them agreeing to settlement to not worry about asking for a Tomlin order I will have the funds tomorrow when I get paid from a job I have been working off this week so just about to go post them a cheque for the settlement figure now. Thanks for your help

Had a copy of a letter they have sent the court from HL legal It says: We should be grateful if you would pleas note that the claimant wishes to proceed with its claim. Please can you therefore arrange for the matter to be transferred to #### county court. We can confirm a copy of this letter has been sent to the defendant. Yours faithfully HL Legal I don't understand this? how can they just plough ahead with proceedings without replying to the cpr 31.14/15 requests?

I have spoken to them and just as I thought they won't NoD until payment has been received and cleared. Do I need to do anything in the meantime, do I send off the AoS or do I need to update the court? or do nothing and just make sure I pay by the 20th?

Would they do this before I have sent them payment? I'd have thpught that they would not be happy to do this until my cheque has been received? I won't have the money in my account for at least 7-10 days from now so can't send payment just yet. I'm just worried that even though I have come to an agreement with shoosmiths to pay by the 20th Sept that if I don't return the AoS by Saturday or they don't inform the court that we have an agreement then would they automatically be awarded judgement? Or do they have to apply for this if I am slow to respond?

Had an e mail reply today and it is good news... Hello Avocados Please be advised we will accept the offer of £446.14 in full and final settlement. Please can you forward payment to our office. Our address is Apex Plaza, Forbury Road, Reading, RG1 1SH. We look forward to receiving payment by the 20th September. Kind regards Shoosmiths Do I need to do anything such as update the court? Or just make sure I pay by the 20th?

I have not heard back yet from shoosmiths to find out if screwfix have accepted my offer. I'm going to send off the AoS tomorrow to make sure it arrives on time and they don't get awarded judgement. Just a question about filling the form in- Am I best to defend all of it or admit part of the money they claim?