Money court claim against me Blackhorse/Fenton Cooper/Arrow global

[AndyOrch]

Ah......its just unusual to prize a copy of any agreement out of Claimants without going through the statuary requests.

 

Ok as said if you could scan in what you have for tomorrow and we can look at a preparing a defence.

 

Watch your deadlines you have 33 days to act (5 deemed served on date of summons) so 28 remaining ...14days to AoS (Acknowledge) and if you are defending a further 14 to submit your defence.

 

The claim all hinges on if you made the payments and they are not phantom payments...that they can provide proof who made the payments (account numbers /bank/ sort code)

 

Normally If you assume something is SB then it usually is unless you have a memory loss or someone has made payments on your behalf ( you should be lucky)

 

But we can put them to strict proof...its for them to prove its not SB ..no for you to prove it is.

 

 

Regards

Andy

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites ...

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[misf1]

I think I've done this right. I've attached everything they have sent me for this claim

[dx100uk]

yep all good a bit blurred though

 

you've got PPI + PENALTY fees there both can be reclaimed

with int they will be at least 50% of their claim

 

i'd get an SAR off to harrington brooks [ - think they are linked to fenton cooper]

 

send it RD tomorrow

might be back in time

 

dx

[AndyOrch]

Ok looking at your uploads..statement of payments:-

 

Paid by VisaCard ?/?/06 £50?

 

Paid by DD 05/11/07 £50

 

Paid by VisaCard ?/?/08 £50?

 

Advanced Debt Solutions 12 x payments £?

Fresh Start Financial 13 X payments £?

Harrington 20 payments £?

 

Not looking good on the Statute Barred front misf.

 

Andy

[misf1]

Thank you. Looks like I'm doomed to get a ccj for the full amount

[AndyOrch]

Unless you have other disputes or can arrange mediation with the Claimant to avoid it.

 

Regards

 

Andy

[misf1]

I have contacted them and offered them 800 to be paid over 4 months, they have accepted this. They said if it's not paid they will go straight to a judgement. I'm not sure what happens now? Will they withdraw the claim? Do I have to do anything?

[AndyOrch]

I have contacted them and offered them 800 to be paid over 4 months, they have accepted this. They said if it's not paid they will go straight to a judgement. I'm not sure what happens now? Will they withdraw the claim? Do I have to do anything?

 

 

Ok you must have the details of your agreement drafted by way of a Consent order or Tomlin Order...once both parties have agreed the schedule and signed the Consent is then sealed by the court and the matter is stayed.Unless you default then they will apply for judgment.

 

Regards

 

Andy

[misf1]

I had a CCJ issued to fenton cooper.

 

 

They have now sold this to capquest.

 

 

My problem is I didn't know about it and capquest are all of a sudden taking the payments from my bank account.

 

 

Can fenton cooper do this, sell my bank details with the CCJ?

 

 

I would have thought this was a data protection issue.

 

 

Although I admit I don't know that much about these things.

[dx100uk]

probably because you allowed fenton to railroad you into court without defending yourself

looking at the old thread yuo got a CCJ by default?

 

and as CQ have taken payments already

I don't think there's anything you can do

 

did you get the PPI reclaimed

 

and get you money back out of Harrington brooks?

 

 

sadly this appears to be what happens when a DCA is able to cash cow people

 

 

they pass it around

 

dx

[misf1]

Yes they've just taken a payment.

 

 

I have written to them to ask for proof that the debt is legally theirs to claim.

 

 

I am also looking into setting aside the CCJ.

 

 

I suffered depression and had to have months off work following this and now I feel ready to fight against it.

 

 

I asked fenton cooper for proof that the debt was paid,

 

 

they gave a list before but I was paying more than one debt to fenton cooper and they could not prove that the debt was paid against the blackhorse loan.

 

I did claim the PPI on the blackhorse loan but was turned down.

 

 

They have now written to me again to say they will be paying my PPI back all £1100 of it

[dx100uk]

hey moving forward then

 

 

how about offering them an F&F to remove the CCJ totally?

 

 

dx

[misf1]

can they remove it totally or just mark it as satisfied?

[dx100uk]

they can do whatever they like given the right financial incentive!

 

 

how were you thinking of setting aside the CCJ?

 

 

have you a valid defence?

 

 

dx

[misf1]

I paid a debt management company to pay off my debt. I paid fenton cooper for a few debts, but they have no record of the payments for this debt with the DCM, so the proof they produced was for a different debt which was with fenton cooper

[dx100uk]

if you can prove this it should be good enough ithink

p'haps andyorch might comment.

 

 

did you send Harrington brooks an sar to get all they hold on you?

that way it could prove your theory.

 

 

dx

[misf1]

Yes am just waiting for them to send the info. As soon as I have it will try to get the CCJ set aside