Wilkins Chapman for Arrows. Claimform old MBNA card debt- Help

[AndyOrch]

Yes just acknowledge for now.

[AndyOrch]

All

[AndyOrch]

You submit your defence by the due date

[AndyOrch]

Looking at their letter in you may be lucky that they have not requested judgment yet...check with Northampton and if not file a defence ...today!

 

Regards

 

Andy

[AndyOrch]

Check with Northampton first ......it may be in vain.

[AndyOrch]

Refer to the claim number on the N1 you received through the post.Ask them as the claimant entered judgment on this number if not submit your defence by email.

 

The claimant discloses their paperwork after you submit your defence and the claim has been allocated as per the Notice of Allocation time table.

 

Andy

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?411742-carter-lowells-claim-form-HBOS-Overdraft-could-be-SB-d-help/page4

 

This is more appropriate with the court complying to my defence perfectly.

 

Regards

 

Andy

[AndyOrch]

Correct needs spacing a little.

[AndyOrch]

As your Court notification states they have 28 days to decide their next step.

 

Andy

[AndyOrch]

Well if was not statute barred at the the date of the claim ......if will never be now....as the clock has stopped.

[AndyOrch]

I wouldn't wait by the door for the postman:lol:

[AndyOrch]

The claim is parked until the claimant wishes to proceed.

[AndyOrch]

They will only proceed...a) they feel your defence has no merit and risk the court not compelling disclosure or b) they find the paperwork.

[AndyOrch]

How long is a piece of string......? I have known claims resurrected after 3 years...it depends if they feel its cost effective to proceed.

Requesting a CCA is not an acknowledgement...if you are requesting it after the debt has been assigned and you have made no payments (no acknowledgement) I always advocate you head the request " I do not acknowledge any debt with your company "

 

You should have made a request at the same time as your CPR...a section 77/78 request has far more consequences to none compliance than a CPR request.

[AndyOrch]

Actually, having looked through their responses, I might have already asked for the CCA, but don't have a copy on this PC...

 

 

''We acknowledge receipt of your letter dated __ February 2014. We can confirm that we will request that our client obtains a copy of the agreement and default notice as per your request.

 

 

We can confirm that our client will need to obtain these documents from the originating creditor and therefore it may take up to six weeks for us to obtain these documents.''

 

As per post #94 above then

[AndyOrch]

Do you really need to tell them where to go........? The only time I would make a move is if the parked claim was pausing the statute barred status on a considerable alleged amount of debt.

[AndyOrch]

You cant request a section 77/78 within a CPR..there is a fee of £1 which makes the request legally binding...get one off ASAP.

[AndyOrch]

Correct Bunc:wink:

[AndyOrch]

You cant just add it to the defence..you can expand at Witness Statement.

[AndyOrch]

You dont do a Witness Statement on line Bunc...MCOL has now finished once a defence has been submitted.

[AndyOrch]

You wait until allocation ...if they wish to respond to your defence and proceed...the Court will direct.

[AndyOrch]

Why respond ?

[AndyOrch]

Im fine thanks Buncrana and trust you are same.

 

You need to convert the above letter to PDF firstly to enable posters to read.

 

But irrespectively and can surmise the nonsense it contains...you are not at liberty to respond...you have submitted your defence...its now their move next.

 

Regards

 

Andy

[AndyOrch]

Why respond ?

 

I can only reiterate and save you the bother...so you can sunbathe:-)

[AndyOrch]

Have they enclosed a copy of the application (N244 and witness statement)?