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newt

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  1. Thanks Dx100uk. I don't have any info. Can I file a defence online or should I post it ?
  2. I sent a CPR 31.14 request letter 10 days ago but had nothing back. What do I do next please ?
  3. As most people that come on this site Bazooka Boo I fell on hard times and am still picking up the pieces. I buried my head in the sand at the time and don't have much paperwork or remember too many details of things. I just need a bit of help to stop the ccj.
  4. I don't know the answers to a lot of these questions. I joined 02 in September 2006. I received the first letter from Lowlifes in 2012. I disagree with the amount and would rather not pay it. how can I go forward please.
  5. I have informed MCOL that I will be disputing the whole claim. Can anybody give me any advice what to do next and how to go about defending this please.
  6. Name of the Claimant ? Lowell Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th January 2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. the defendant entered into a agreement with O2 (uk) ltd the defendant failed to make the required payments the agreement was assigned to the claimant in 2012 and notice given to the defendant What is the value of the claim? total amount including court fees etc £346 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mobile phone account When did you enter into the original agreement before or after 2007? not sure 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. account assigned and debt purchaser has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure Did you receive a Default Notice from the original creditor? not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure
  7. I received a county court claim form regarding a mobile phone contract that I disagree with that I want to dispute. I will fill in the acknowledgment of service ticking the box that I intend to defend the claim. But I am unsure then which form to send to the claimant for proof of their claim. Is it a CCA request, CPR 31.4 request, both or another. Any help would be appreciated, thanks.
  8. Update, The claimants solicitors have been instructed to take no further action and told me the claim will be automatically stayed if they are unable to supply the documents by a date that has now passed. I`m not sure what to do next, should I contact the court to let them know, should I try to get any defaults related to this case removed ? Thanks
  9. Just a waiting game now. I get some advice and also find this site very helpful thanks DX. I have also donated. I will post when I get to the next stage. Thanks again
  10. Hi DX, I requested a copy of the alleged documentation under CPR 31.14. If they don't provide me with it within the next couple of weeks the claim is automatically stayed.
  11. Can anybody suggest how I should approach this case please or if they think there is anything I can do to fight it, and is there any documentation that I should be asking for. Thankyou
  12. This overdraft was caused by the bank adding money to my account by mistake without me knowing, maybe one or two thousand pounds, its that long ago I can`t even remember. When they did finally let me know of their mistake the funds were no longer there. I did have quite a bit of money going in and out of that account at the time and didn`t notice, I didn't have internet banking to check if it was even invented then. When I couldn't pay it all back instantly the bank closed my account, called the debt an overdraft and gave me a default notice. I have paid a small monthly amount as suggested by the cccs to which ever DCA was dealing with the account ever since. I also have it in writing that they will accept the monthly payments and then I received a claim form from the county court from Marlin. I checked my credit file and there is no record of a default regarding this so it must be well over 6 years ago.
  13. Name of the claimant ? Marlin Europe 1 Limited Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Issued 21.10.14 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. POC Monies due under current account overdraft. The claimant`s claim is for the balance outstanding under a bank account facility Clydesdale bank plc trading as Yorkshire Bank (CYRB) agreed to maintain for the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand. Despite a demand being made, the defendant has failed to repay the amount due. The debt was assigned to the claimant on 18/9/2009. The claimant therefore claims, 1.£2427.00 2.interest pursuant to section 69 of the county courts act 1984, namely £1751 & continuing until judgement or sooner payment at the rate of 0 What is the value of the claim? £2427 plus interest = £4178 in total Is the claim for a current or credit/loan account or mobile phone account? Current account overdraft When did you enter into the original agreement before or after 2007? Not sure, it could have been before. 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. Not the original creditor, or the original DCA, it has been sold again to Marlin in 2009 Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes in 2009 Did you receive a Default Notice from the original creditor? Yes but it was more than 6 years ago Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
  14. Hi, please help. Marlin/Mortimer Solicitors have issued a county court claim against me for a overdraft with Yorkshire Bank at least 8 years old. I`m not sure if the amounts are correct its that old and don`t know how to fight it. HELP NEEDED PLEASE
  15. Can I ask a DCA for these documents for an overdraft that is years old that they are trying to get back ?
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