Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[mandyjayne]

Hi Just an up-date..

 

i have just sent my CCA and SAR requests with postals orders (photo copied both sides) to mortimer clarke sols. I telephoned Guildford County Court this morning to see how the moving to my local court was going..i faxed them over a week ago to ask for it to be moved..they said it only takes a couple of days as its done electronically, my case is still in the plie to be dealt with they do them in date order! My hearing at Guildford is on 5th Dec 2008, the person i spoke said they would transfer it today..but who knows. In the meantime my N244 for setting aside has been delivered to my local court, but my case is not yet there. The land registry have dismissed my objection as its of no relevance and will carry on regardless. I am feeling very stressed and down today i just dont see how this is going to go in my favour. any advise would be a pick-up:sad:

[42man]

Hi MJ....you seem to be doing fine at the moment, bear in mind a judge would want to know why the debt wasn't enforced in the 6+ years gone by and he would question not you but the other side !! If you have any proof that you moved addresses that might help....there are also a couple of threads here you might like to look at too...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161323-statute-barred-question.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163506-county-court-claim-received.html?highlight=dibs

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html

 

It is likely if you have put in a 244 then the charge and the set aside (and original CCJ set aside) will be lumped together......be strong MJ....try and relax as best as you can !!! have a cup of coffee or something a little stronger !!

[mandyjayne]

thanks 42man:D i will have a read of the threads..now i have sent off the requests is there anything else i should be doing or is just a waiting game now?

[42man]

MJ....just keep an eye on timescales, and keep all your paperwork together.....the main crux of this is that they are trying to enforce a CCJ that is over 6 years. Have you got any proof of a change of address when the CCJ was issued ?......

[mandyjayne]

No change of address 42man..been here a while..checked royal mail track and trace this morning on my S.A.R - (Subject Access Request) and CCA which i sent by next day delivery yesterday..it says...your items are being redirected and will take longer to reach its final delivery address..This item is being sent to an address that has a redirection in force..whats that about? they are a solicitors surely they have a registered office with people in it?? Does anyone have info on or dealings with Mortimer Clarke Solicitors???..

 

help anyone????

 

anyone help..with above questions?

[42man]

Keep a record of all that is sent.....you have done your best to ensure it arrives MJ.....I think MC will struggle to enforce a debt over 6 years old, despite having a CCJ on it....

[mandyjayne]

ok more advise needed now...just got my N244 returned from my local court saying that my case is not on their system. (they cashed my cheque quick enough though!!) but it has left Guildford CC?

 

Cannot get through on the phone to local court always engaged..

.My Guaranteed next day delivery is still not there (posted tuesday) for the SAR and CCA.

 

Now that my 244 has returned, it may be worth wording it a bit better, can anyone post what i should write for debt over 6 years old Q.3 and 10??

 

Help and advise asap..worried again!!

 

 

[Ell-enn]

Hi Mandyjayne - I'm at work at the moment and fairly busy, but if you can wait till this evening I will draft something for your N244.

 

Ell-enn

[mandyjayne]

Thanks Ell-enn..i will be back on here around 8 this evening..check back then thank you again MJ

[Ell-enn]

Hi there, affixed draft text for Q.10 of your N244. You will need to enter the claim number, court, your name and their name in the boxes at the top where there are XXX's and type is in bold (don't edit the boxes on the far right "claimant" "defendant").

 

Also I have put XXX's for the date you have lived at your present address from (3rd bullet point) so you need to put the info in there.

 

Where I have referred to Appendix 1 being affixed you need to take a photocopy of the letter you sent to them and also the message from the post office website. Then write the claim number and Appendix 1 on the top of each piece of correspondence.

 

At Q.10 on the form tick the box for attached witness statement.

 

Q.3 "that the County Court Judgement in respect of the above numbered claim be set aside for reasons set out in the attached witness statement.

 

Any questions, just shout.

 

Ell-enn

Mandyjayne N244.doc

[mandyjayne]

Hi Ell-enn... Thank you for the above thats great... maybe a blessing in that the one i did came back!! questions..

 

1. with name of correct lender..is it MBNA or arrow global (arrow are the claiments on my court form)

 

2. just a question about the forums..when i post a reply to you is there anyway to alert you or any of the site team or is it just wait till you find us! You all do a champion job by the way..eternally grateful..

 

3.will i need to wait for the 12 days/40 days until i send my 244..do you have to wait for the other side to respond with your requested docs? Cant do anything till you reply anyway

 

Ell-enn..just noticed that the address for Mortimer Clarke Sols on my court papers is different from the one on my land registry letters, the court paper date is 28th Aug 2008, land reg letter is 5th November.. so they moved in that time!?? I sent CCA and S.A.R - (Subject Access Request) to the most recent address (land reg one) on guaranteed next day delivery..and it was redirected to another address and took 2 days to get there..what do you make of that?

 

thanks MJ

Edited November 21, 2008 by mandyjayne

[Ell-enn]

Hi Mandyjayne,

 

1. The correct name to put on the form will be the claimant which is Arrow.

 

2. Unfortunately we all have day jobs so we are usually only able to respond when we can get online. Sometimes I get on line at work if I have any spare time. If it is really urgent you could hit the report button in your thread to attract the attention of whichever site team member is on site at the time.

 

3. You don't have to wait for them to respond to your request, you put your form in to get a hearing for the CCJ to be set aside before the charging order hearing on 5th December. If possible you should take the N244 to your local court and explain you need a hearing before 5th December. If they don't supply the information before your hearing then the judge may adjourn the case until he has all the info. That would probably mean that the hearing on 5th December would be ajdourned to a later date also.

 

Ell-enn

[mandyjayne]

Hi Ell-enn..thanks for reply..that all sounds clear enough..can i just ask what you think about the conflicting addresses for the solicitors in post 43 would that go in my favour? cheers MJ

[Ell-enn]

Hi, the fact is that you can only respond to the address you have - you have no way of knowing if it has changed and the court will recognise that you have tried to communicate with them to the best of your knowledge.

I strongly advise you to hand deliver the N244 to the court and explain why you need a hearing asap. The court staff are usually very good at explaining processes and what needs to be done.

 

Kind Regards

 

Ell-enn

[mandyjayne]

Hi Ell-enn..or anyone who reads!!

 

Got all the paperwork n244, statement, etc ready to hand deliver tomorrow, will i be given a hearing date on that day? (no longer dec 5th as that was the one given at guildford county court, it has now been moved).

When i do attend the hearing can i have advice on what to expect, what to say, what documents to take just have no clue and working myself up over it a bit!!

Can you briefly let me know what happens if it is set aside, doesnt that just mean it goes back to the start of the case? Could this go on for months..? i have been reading other threads and they seem take ages to resolve! feeling a little uneasy..losing weight at a great rate..best diet in the world!

Sorry so many questions:confused: regards MJ

 

Hi all..help anyone please:D

 

ok an update and advice please!! I sent my CCA and SAR off on 18th Nov on guaranteed next day delivery..nothing at all to date. If the requested letters are over the 12 days..is that in my favour? can someone explain the 12 day rule pls:confused:

 

Hi all..yesterday i received a notice of hearing.. the 26th Feb 09! 5 mins has been allowed. Is this a hearing to set aside? It does not explain very much on the letter..? any help please MJ

 

anyone help pls!!

Edited November 26, 2008 by mandyjayne

[supasnooper]

As 42man has stated earlier - All the parts of the hearing will be held together.

 

The 10 + 2 days rule is for your CCA request. When you write to the Solicitors it allows for 2 working days to be delivered to them and then 10 working days for them to reply.

The failure to reply within this timescale doesn't really benefit you with your case as the failure to reply only puts the account into dispute.

 

The timescale for your SAR request is 40 calendar days from the date of the letter. If the request is not fully completed within this timescale then you can go to court to enforce the SAR.

 

I know 5 minutes for the hearing doesn't sound a lot but if MC don't provide the CCA you've requested it might not even take that long !

 

Just try to relax. I know it's difficult when you want things to happen but it rarely does with any legal case.

Solicitors are notorious for their unprincipled time-keeping but that gives you more time for research for your hearing.

 

Hope this helps.

[Von Greenbach]

As 42man has stated earlier - All the parts of the hearing will be held together

Ring the court and make sure all parts of the hearing are listed for the same time.

 

I've had to apply for a rehearing, due to the original court not transferring all the documents.

 

I initially applied to have a redetermination order, & CO set aside, only the CO part was transferred, it was a fluke that I found out before the hearing.

[mandyjayne]

Thanks for the last two posts..i have just tried to call the court but as per usual i cannot get through..20 mins hanging on:mad:..i will try the court it was sent from maybe they can help. Thanks again everyone... just a waiting game now i suppose!

 

Hi all, got a letter from Mortimer Clarke Sols yesterday, it says..

 

We refer to your letter dated 17th Nov.

 

We confirm that we have requested a copy of the agreement from Arrow and will forward the same to you upon receipt.

 

Please be aware that it is a terminated account, our obligation to provide documentation under the CCA 1974,within 12 days, ceases to apply.

 

Please also note that a county court judgement was entered against you in relation to this claim on 17th sept 08, which has also been secured upon your property by way of final charging order.

 

we hope this is of assistance to you

 

blah blah

 

No mention of Subject Access Request that i also requested...any advice on this or any letter i should reply with pls???

 

more help needed pls

 

anyone ?

 

anyone help please????

[supasnooper]

Hi there,

 

Mortimer Clark are responsible for providing the CCA and they should know this.Send them a short letter reminding them of their responsibilities.

 

Arrow do have 40 calendar days to comply with your Subject Access Request request. If they don't comply then send them this letter :-

 

Your Address

 

13th December 2008

 

 

Arrow XXX

Their Address

etc

 

 

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

Account: XXXXXXXXXXXXXX

Dear Sir / Madam,

You have failed to comply with my Data Protection Act Subject Access Request dated xxth XXXXXXX 2008.

 

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

sar template

[mandyjayne]

Thanks supa..

 

is there a letter template on here i can send in the meantime to remind Mortimer Clarke of there responsibilities? cant find one...and the 40 days is not yet up (sent on 18th nov) for the Subject Access Request, should i still send the above letter???

 

Just to clarify..I have sent all requests to Mortimer Clarke Sols as Arrow have only given a USA address.

Edited December 16, 2008 by mandyjayne
add on

[supasnooper]

I've just re-read the thread - I would concentrate on getting the Subject Access Request information as the debt is statute barred.

 

To get the CCJ set-aside you will need to demonstrate that you have not paid anything against the account and the statements you should receive will hopefully show no payments to the account.

 

You may wish to remind the Solicitors of their duties by sending this :-

 

Your Name

 

xxth December 2008

 

Claim No. XXXXXXXXX

 

Dear Sir Madam,

 

May I remind you of my letter dated xx November 2008 and your responsibilities.

 

I requested a true copy of the Credit Card Agreement pertaining to the above claim and enclosed the required payment.

 

To date, I have yet to receive the document and will report this fact to the court together with a copy of of my original request.

 

Further, failure to provide the requested document may result in reporting you to the Solicitors Regulation Authority for breach of the Solicitors' Code of Conduct 2007 Rule 10.01 (6A).

 

I now expect a true copy of the Credit Card Agreement as requested within 7 days.

 

I looked forward to your due diligence in this matter.

Yours Faithfully

 

xxxxxxxx

 

This is what the Solicitors Code of Conduct 2007, rule 10.01 (6A) says -

 

6.

 

The following are some further examples of how you should act in order to ensure you comply with 10.01 and core duty 1.02 (Integrity):

 

• (a) If a person sends you documents or money subject to an express condition, you should return the documents or money if you are unwilling or unable to comply with the condition.

[mandyjayne]

Thank you Supa..

 

i have just done the above letter and will send it recorded delivery today. Agreed on trying to get the SAR..what if they don't or cannot provide it? How do i prove no payments or contact have been made? thanks again

Edited December 16, 2008 by mandyjayne
edit

[42man]

It's not up to you to prove it, it's up to them to prove that you HAVE made a payment for it not to be stat barred....

[mandyjayne]

Thanks guys...will post an update if i hear anything:D... MJ.

[supasnooper]

It's not up to you to prove it, it's up to them to prove that you HAVE made a payment for it not to be stat barred....

 

Thanks for the correction 42man