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MonteChristo

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Everything posted by MonteChristo

  1. Hello again - defence has been filed with County Court. In the case of an SB situation is there any kind of documentation I need to pull together in the meantime?
  2. One last thing as well - in my haste to get the communication out to Dydens/Capquest I accidentally sent the Credit Card / Loans CPR letter instead of the overdraft one - will this have a detrimental effect??? Do I need to re-send??
  3. Hello again - having read through the posts the consensus is the debt is Statute Barred. In filing my defence, I am to use the wording in Post 3?
  4. Hello - apologies for the delay, I did some more digging and found some more information on my Credit Report. I can confirm that this is indeed a claim against an overdraft on a current account for £8600. The website facility allowed increments to made on the account instantly. To clarify: An Enforcement Notice was issued on November 20 2008. I have made CCA requests and in all my letters stated clearly I did not acknowledge the debt to Lloyds or any company representing Lloyds Bank. I made £1 statutory fee payment in all cases and specified it was not to be used for any other purpose. It was returned back to me unused as the Act does not cover current accounts. I have completed six out of the seven stages of defence process online. However I have another question - according to my Credit Report the default was issued on 17 April 2009. Is it still viable to file an SB defence?
  5. Hello - thanks for the quick responses! I have not used the account since 2008 and it was not a joint account.
  6. Hello All, Name of Claimant: Capquest Investments Limited Date of issue – 03 February 2015 Acknowledge By – 21 February Defence – 07 March - yes file by 4pm (Are my dates correct?)^^ What is the claim for – the reason they have issued the claim? The claim is for the sum of £8600 in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account xxxx Upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Lloyd Banking Group 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. Contact drydensfairfax solicitors What is the value of the claim? £9100 including costs Is the claim for a current account (overdraft ) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 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 has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 23/10/2013 Did you receive a Default Notice from the original creditor? 20 November 2008 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulty What was the date of your last payment? October 2008 Was there a dispute with the original creditor that remains unresolved? No other than excessive overdraft charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I sent a CPR31.14 request to DrydenFairfax on 11 February 2015 Recorded Delivery I have disputed the claim and logged my intention on the Court Website 11-02-15 I had an Overdraft facility with Lloyds bank in 2006. Due to changes in my circumstances my borrowing began to spiral and the charges compounded the problem until it became unmanageable. I changed banking providers in order to get back on my feet. Although a number of DCA's sent letters and calls I always asked for CCA's which they could never seem to provide and they would disappear. However I have now been contacted by Drydenfairfax 16 January 2015 and a Summons followed which I received 06 February 2015. I do feel the charges were excessive and that is why I elected to defend the claim. I would just like some advice as what my next steps should be.
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