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kjw327

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Everything posted by kjw327

  1. I am hoping that this means lift the stay and progress to the SCT.
  2. Received updates today: A copy of an Order made that lifts the Stay and directs Claimant to provide Court with their intent. MC have provided a reply, this is also included. I'd welcome thoughts on this. 20230413-Order and MC Reply.pdf
  3. That’s great news @albouk. I’d welcome being able to see your redacted WS, I feel I’m just weeks behind you and it would be great to pick up on your strong points.
  4. I made the payment on 29 November via bank transfer. They sent me a letter confirming my balance was zero and I have not had anything else since. It hasn't come up on my credit file as a CCJ.
  5. Thanks for your comments, I'd never considered the differences before. On post 34 in this thread, there is an earlier upload of the agreement. That one is as good as it gets, it really is quite hard to read even in the paper copy.
  6. Hi @albouk, I wanted to let you know that your full name appears several times within your upload in post number 3. It is on pages 70, 83, 88, 97, 111 and 127. Thanks for sharing your experience to date, I too am at the N244 stage following the lifting of a stay and my case is progressing. It is really helpful to be able to see how they have constructed their WS and exhibits and being able to understand what compliant and non-compliant documents may look like. I hope you are able to resolve this in a way that is manageable for you.
  7. Today's mail brought a bundle from the CC, this included copies of both orders made to vacate the hearing and to transfer the case to my local CC. In addition they provided a photocopy of what MC had submitted when they applied to lift the stay and progress the claim. MC also sent me a letter with a copy of their bundle, saying that this in now served upon me. Their bundle consists of the N244, a WS and a 51 page exhibit. The exhibit consists of a reconstituted agreement, a print out of a customer summary, 12 pages of transactions, a DN, NOA, several letters prior to the claim in 2019, 1 statement of my account between 27 Nov 18 - 29 Mar 19, copy of the Claim Form, letters from Aug 21, Oct 21, Dec 21 and two from Dec 22. Of the letters sent since the Claim was stayed, the Aug, Oct and Dec 21 were all sent to me via email, full letters on headed paper, full addressed to me with the words 'Sent by way of email only to: xxxxxxxxxxxx'. I did receive these letters via the email. The last two letters in the bundle are both dated Dec 22, are not on headed paper and do not have the annotation in reference to email sending on them. I do not believe that these were sent, they were certainly not sent via email and I have not received these in the post at all. It is these letters that are offering me the opportunity to make a settlement and avoid the resumption of legal matters. The upload contains the following: Covering letter, N244, WS, Recon Agreement, 1 page of transactions, DN, NOA. I would welcome thoughts in relation to the strength of these documents. 20230323-N244 & WS.pdf
  8. Update from today. I was able to better articulate my position today when I contacted the CC. This led to the member of staff taking a different approach than yesterday. I was asked to submit an email to them outlining what had occurred to date, with this I was able to provide a copy of a letter from MC to my current address and also the screenshot of my change of address to HMCTS/MCOL. The member of staff used this to discuss with the DJ and I was called back later in the day to confirm that the hearing has been vacated, that the case will be transferred to my local CC and that the case file is already packed and ready to be mailed to the the receiving CC. This member of staff also confirmed that the orders made to effect these changes will be sent to me today. In addition, the CC office contacted MC and advised them of the actions taken today. MC informed the CC office that it was a mystery as to how the mistake had been made. When waiting for an update from the CC, I also contacted MC myself to request all documentation and for them to vacate the hearing as advised by Andy. They have yet to return contact regarding this, but my sense of concern is now less given the CC staff members support. I am really grateful for all of the advice provided by DX & Andy to date, the information provided by Andy in his last post gave me the specific details to help better structure, word and articulate my point. This also transferred into my email and helped me to secure a good outcome for today. Thank you for helping me.
  9. Thank you Andy and DX, I will speak to the CC again and then Mortimer...hopefully this can be corrected.
  10. They said that the HMCTS/MCOL system does not transfer the data submitted by a user. So even though I updated in Dec 2021, the stayed claim details would not have been changed. The local CC said that they have nothing to do with what Northampton do, and they work with the information that is transferred to them. If something has changed, that I or the claimants solicitors should have updated. I pointed out that I did not have an awareness of a requirement for details to be changed because I was not aware that the stay had been lifted and the claim transferred. It is my belief that I had taken all appropriate actions with address updates, I had notified the claimant, notified their solicitors and updated my registered details with HMCTS/MCOL. I am not sure what else I could have done to have prevented this. Should I complete the N244 to request adjournment and re-listing? They said it is £108 fee, i don't want to do this if it is not the best action for me to take.
  11. Update: Contacted Northampton. They advised that they had nothing available to send me, that MC had made the application to lift the stay and this was granted on 1 Feb 23 and transferred to CC local to the address that they had. A letter informing me of this action was sent to that address. They could not provide me with any additional information. Contacted the CC claim has been transferred to and explained situation. They advised that an update in the HMCTS/MCOL to registered details does not transfer. They informed that they could provide me a copy of all submitted documentation but that I would have to request this via email. I have done so. I asked what options were available to me, given the circumstances of how matters have progressed, the time to the hearing and the distance to the court from where I live now (500 mile round trip). It was explained that it is possible to submit a N244 to request the hearing be adjourned and re-listed. Is this my next move?
  12. Thanks DX, I appreciate the guidance. I've logged in, MCOL has current address. I know that I updated the address on 6 December 2021 as I have a screen shot that is time and date stamped. I'll call them Monday and see what happens.
  13. I thought that I had covered that by updating my registered details on MCOL How do I get the n244? Northants Bulk or the transferred to court? I feel physically sick, I genuinely thought I had all basis covered. Am I buggered here, or is there something that I can do to work with this?
  14. I don't think it was ever transferred out from the original bulk claim. Sorry, but I am really not sure what I should do...
  15. I last moved in September 2019, they have written to me at this address in 2021 and sent a letter asking me to pay or they would take further actions. I am not currently at home so cannot be 100% accurate with the wording of this or when it was sent. Those additional costs add up to an additional £815. I have not received anything a copy of an n244, unless this has arrived today. Today's information arrived as an attachment to an email address that they have accessed from previous documentation. The email mistake was from when I first completed a reply to PAP and didn't know better. The docs I have are what they sent in Oct 21 and are at post #34.
  16. Hi, I am seeking some guidance in relation to a new development with one of these accounts. It is the same one that was resurrected briefly in Oct 2021 (the status of the other remains as it was). I cannot yet upload a copy, and will do so when I am able, but today I have received a letter that advises: “we write is relation to the hearing which has been listed for Friday 24 March at 3:00pm” And that: “we enclose a schedule of costs in readiness for the forthcoming hearing. The claimant will rely upon this document alongside the application and witness evidence previously served upon you” The schedule of costs lists a fee for a ‘summary judgement application fee’. It is also listed for a court that is 250 miles from where I live. What’s my best first action?
  17. Thanks DX, I’ve checked this way. Definitely not in junk or spam.
  18. Looking for what I hope will be the final piece of advice in relation to resolving this. I've had a bit of a mare with Hoist and HC. Over the past 12 days, through one tactic or another, they have avoided providing payment details for me to make the payment. Initially, the bank details were provided over the phone and when I went to pay they were flagged by my own bank as of a concern within the verification process, so I halted the transaction. Two things then came to mind, so I asked for an email to be provided confirming payment details but referencing the account being settled. This would allow me to be able to make the payment, to their account as provided in written communications (avoids me making an error, which could have been possible in the first instance) and would also help me have an audit trail between the judgement and the payment. I could then use this audit trail, provide to the court with the N443 - Application for a certificate of satisfaction/cancellation. I thought that would be a legitimate process, protecting myself throughout. Think again, my requests have been many over the 12 day period, each have failed to yield the information in an email, despite the promises. I am now very quickly running out of time to meet the 30 day payment opportunity. Hoist claim that they are sending these emails, but I am not getting them. Funnily enough, they were able to successfully email to advise that they were in receipt of the judgement and asked me to pay by 4 Jan 23, and to do so I should call to make arrangements. Today, the best I could get was a text message with the bank details, balance and their reference number. If I pay bank transfer this evening, print out confirmation, print out a screen shot of their message and a copy of the judgement, would this be sufficient to provide with the N443? I think that they are being deliberately awkward and I am worried that my position is not helped by the fact that they have another historical debt of mine, which each time a call them, they try to talk to me about.
  19. Thanks Andy. The judge detailed the breakdown as the initial amount claimed, plus the court fee, the fixed commencement cost and the hearing fee. So I do have the total, I wrote them down as he read and he confirmed the amount due. This is essentially the amount detailed in the claimants WS. I was worried that the 14 days are due to expire on Friday, but if I have an additional 14 days from receiving the notice then this lessens my concerns.
  20. Thanks DX. Yes I can pay, I was under the impression that I would receive some correspondence detailing what actions I needed to take in relation to making arrangements to pay. Feel foolish for waiting now, I will make some telephone calls tomorrow.
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