AG/Wilkin chasing unknown MBNA CCJ from 2010

[greenhill]

Morning Guys,

 

In the post this morning I received a letter from Wilkin Chapman LLP (Arrow Team)

with regard a CCJ taken out by Arrow in early 2010

 

(the claim number matches the one on my credit report although the amounts differ? CCJ £9266, AG/WC £8946.33).

I am sure that this is an old CC debt.

 

They have supplied a Notice of Change of Solicitor and a personal financial statement (which of course I will not be filling in).

 

I am sure that I did not inform the OC of a change of address in 2008 (home repossessed), so no chance of a set aside.

The debt itself is SB but I am aware that this means little with the CCJ.

 

It does state though that "Our client is willing to discuss terms of repayment and consider proposals from you."

 

My question is,

can anything be done at this stage to fight the good fight?

If not and without filling in the personal financial statement,

 

what sort of full and final offer can I make to them that would satisfy their greed on the amount outstanding

or a sensible monthly offer to clear the debt as quickly as possible?

 

As always they require an answer with 7 days before going all enforcement on me.

 

Any advice will be greatly appreciated.

 

Cheers

[dx100uk]

is this the only comms so far?

 

 

dx

[greenhill]

Hi dx,

 

Had a letter last week from AG saying they have transferred the debt to WG. First comms from AG on this matter. I, at that point, sent an SB letter as I was convinced it was all over.

 

GH

[dx100uk]

so they've obv send its not SB'd letter

 

 

what was the old debt?

 

 

when did you take it out

when sid you last pay it?

 

 

need a lot more info to decide your next best move

 

 

dx

[havinastella]

so they've obv send its not SB'd letter

 

 

what was the old debt?

 

 

when did you take it out

when sid you last pay it?

 

 

need a lot more info to decide your next best move

 

 

dx

 

I have to disagree, the old debt has no bearing on this problem. The CCJ is the problem, not the old debt.

 

Have you been paying the CCJ? I suspect not. You can continue to ignore it, BUT they still have a few years to enforce it.

[dx100uk]

well in a way yes, but the ccj will be there as you say for a few years yet

regardless to if its paid or not.

 

 

however, it might well be that the debt itself could provide funding thru reclaiming

to enable a settlement or a war chest

 

 

dx

[havinastella]

well in a way yes, but the ccj will be there as you say for a few years yet

regardless to if its paid or not.

 

 

however, it might well be that the debt itself could provide funding thru reclaiming

to enable a settlement or a war chest

 

 

dx

 

Now that I agree with

[dx100uk]

there is method in my apparent madness always

 

 

dx

[greenhill]

The debt is an old CC taken out in 2001, not sure who with though? Last paid towards it in early 2008.

 

Not paid anything towards the CCJ.

 

Cheers for your help.

[dx100uk]

who with?

 

 

dx

[greenhill]

Hi dx,

 

After a bit of digging I can now tell you it was with MBNA Europe Ltd (Mastercard) taken out end of 2002.

 

Hope this helps?

[greenhill]

Me again,

 

Been doing a bit of reading...

 

1. I had mail forwarded to my new address when I moved and never received anything from the Courts or MBNA/AG with regard sale of the debt etc. Set aside possible?

 

2. Should I SAR both the OC and Wilkin Chapman LLP and would this slow them down whilst I get a case together?

 

Cheers as always.

[BRIGADIER2JCS]

Me again,

 

Been doing a bit of reading...

 

1. I had mail forwarded to my new address when I moved and never received anything from the Courts or MBNA/AG with regard sale of the debt etc. Set aside possible?

 

2. Should I SAR both the OC and Wilkin Chapman LLP and would this slow them down whilst I get a case together?

 

Cheers as always.

 

 

SAR to the OC, CCA request to WC, but they may well decline and suggest send to OC.

[dx100uk]

yes certainly need to get all the info you can.

 

 

might be an idea to call northants court Monday

 

 

ask for a copy of the CCJ or

at least get the address the CCJ was sent too.

 

 

if you can prove you had redirect running when the claimform was sent etc etc

 

 

I think you might have a case.

[greenhill]

Thanks Brig,

 

Do WC need to stop chasing whilst the SAR is in play? I will let WC know that I have sent the SAR to the OC.

 

Regards

[greenhill]

Thanks dx,

 

Will call Northampton as requested.

 

Regards

[greenhill]

Sorry mind working overtime!

 

If the OC has sold an unenforceable debt to a DCA who subsequently applies for a CCJ on said debt is this kosher?

 

Regards

[dx100uk]

yes sadly

 

 

dx

[greenhill]

Cheers dx,

 

It was just a thought.

 

Regards

[greenhill]

Morning guys,

 

Just drafted this to send to WC, any thoughts?

 

Without Prejudice

 

Dear Sir/Madam

Thank you for your letter dated xxxxxxxxxx 2014 the contents of which are noted.

I would like to bring the following to your attention and ask that you forward any documentation you have in your possession with regard the judgment against me and your right to collect.

· I am unaware of any proceedings brought against me by your client and will be today contacting the issuing court for a copy of the judgment.

 

· I have never received any documentation from the courts or your client relating to court action for which I am now obtaining proof for grounds to set aside the judgment and allow for a defence.

 

· I have never received a Notice of Assignment from the original creditor or your client.

 

· I am contacting the original creditor to provide me with a Subject Access Request (Data ProtectionAct 1998) to further support my argument. As you are aware they have 40 days in which to reply.

 

Whilst I am not denying the judgment exists, I feel that it is imperative that the judgment taken against me was fair and ask that you allow me time to gather the information required to decide my next course of action.

Like you, I would rather this matter be settled swiftly and with that in mind I am willing to consider a full and final settlement figure from your client.

 

Yours faithfully

[dx100uk]

Should it prove enforceable

[greenhill]

Nice dx! Good point.

[BRIGADIER2JCS]

Morning guys,

 

Just drafted this to send to WC, any thoughts?

 

Without Prejudice

 

Dear Sir/Madam

Thank you for your letter dated xxxxxxxxxx 2014 the contents of which are noted.

I would like to bring the following to your attention and ask that you forward any documentation you have in your possession with regard the judgment against me and your right to collect.

· I am unaware of any proceedings brought against me by your client and will be today contacting the issuing court for a copy of the judgment.

 

· I have never received any documentation from the courts or your client relating to court action for which I am now obtaining proof for grounds to set aside the judgment and allow for a defence.

 

· I have never received a Notice of Assignment from the original creditor or your client.

 

· I am contacting the original creditor to provide me with a Subject Access Request (Data ProtectionAct 1998) to further support my argument. As you are aware they have 40 days in which to reply.

 

Whilst I am not denying the judgment exists, I feel that it is imperative that the judgment taken against me was fair and ask that you allow me time to gather the information required to decide my next course of action.

Like you, I would rather this matter be settled swiftly and with that in mind I am willing to consider a full and final settlement figure from your client.

 

Yours faithfully

 

 

 

Remove "without prejudice" once they receive this you will not be able to rely on anything you have written in court, you would have to get leave from the judge to mention the letter.

[greenhill]

Thanks Brig, will do.

[havinastella]

I think I would also remove the F&F sentence. You are acknowledging the debt otherwise.

 

You should also head it, ' This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise'