CLAIM STRUCK OUT !!!! Need help with a court claim please

[mysticphoenix666]

Re: Need help with a court claim please

Looks all enforceable to me.

PPI you can reclaim if missold, seperately, but otherwise looks like you need to sort out an admission and offer to pay, of course depending on what your dispute on the debt was.

Default notices and NOA are far too easy to knock up to rely on non receipt of them in a defence in my opinion.

Thanks, i thought it would be.

As for the PPI i wouldn't know if it was mis-sold or not or where to start with that, i do remember the bank sending me a form to fill in last year saying i may get a refund for PPI i had but they would have to investigate which obviously i had no intention of acknowledging the debt so never replied.

[mysticphoenix666]

Re: Need help with a court claim please

Well now you have to start thinking of your defence.

Had you have obtained your unless order then they'd have failed to comply. I doubt you'd get one now so it's not worth an application in my opinion.

You mention you had issues with them and that is why you stopped paying. I see there is ppi. Did they ever send a default notice or notice of assignment and might you still have them ?

M1

I had lots of letters at first, with the initial dispute i had to go to the FSA which they supposedly complied with then didn't. They used to send me a letter every month telling me i had 30 days to pay or they would take further action but then after 30 days i would just receive the same letter.

I am not sure if i ever received a default notice, if i did i will still have it somewhere.

I don't recall ever seeing a notice of assignment, i had lots of letters from different DCA's over the years but just ignored them, i think i still have all of them i just need to go through all my paperwork and find them out as because of the dispute i never threw anything away.

[Amethyst]

Re: Need help with a court claim please

Looks all enforceable to me.

PPI you can reclaim if missold, seperately, but otherwise looks like you need to sort out an admission and offer to pay, of course depending on what your dispute on the debt was.

Default notices and NOA are far too easy to knock up to rely on non receipt of them in a defence in my opinion.

[mystery1]

Re: Need help with a court claim please

Well now you have to start thinking of your defence.

Had you have obtained your unless order then they'd have failed to comply. I doubt you'd get one now so it's not worth an application in my opinion.

You mention you had issues with them and that is why you stopped paying. I see there is ppi. Did they ever send a default notice or notice of assignment and might you still have them ?

M1

[mysticphoenix666]

Re: Need help with a court claim please

yes i did notice the date on the bottom, on the transaction list they have sent me that too has a date on but of the 27th November 2013. I just wander why they told me on the telephone on the 4th that they still did not have the doc's to send to me and if i hadn't disclosed that i would be applying for an n244 order if they would of even sent them to me.

my next question is what do i do now as they have provided one of the doc's from the particulars of claim but not the default notice which they state in their email that they will provide in due course and not the notice of assignment which they say they reckon they have sent.

[Gorang]

Re: Need help with a court claim please

I just noticed something on the documents which I am not sure will be relevant or not, but thought worth mentioning anyway

at the bottom of the docs there is a time/date 28/11/2013 10.00

so by looks of it they could have been sitting on them for last 7 days before producing them to you

[mysticphoenix666]

Re: Need help with a court claim please

Last 4 files

[mysticphoenix666]

Re: Need help with a court claim please

So i have figured out how to alter the doc they sent i just hope it is uploaded ok. this is what they have sent for the Credit Agreement, and to me it looks like there is some missing as there was PPI on the loan and i am sure there was a page to sign accepting the PPI.

There are 9 pages so will put on two posts.

[mystery1]

Re: Need help with a court claim please

Because the claim was started within the deadline.

Statute barred could yet come in to play if the claim is struck out.

M1

[mysticphoenix666]

Re: Need help with a court claim please

I don't understand why it would not count just because of the claim form date, is there a reason why this would be the case?

sorry if i should understand this but i don't

[mystery1]

Re: Need help with a court claim please

okay below is a copy of the email i have received today:

Please note that it states "having provided me with a copy of Notice of Assignment" they have not provided it. the only things they have provided are the 2 files that they sent today. There is also no name on the email as to who within the Legal Department sent it.


We write with reference to your conversation with this office on 4 December 2013 and attach a copy of the loan agreement and statements. Having provided you with a copy of the Notice of Assignment we will provide you with a copy of the Default Notice in due course. We confirm that having extended the time limit for you to file your defence to 28 December 2013 we will not consent to being bound by unless Order.

Yours sincerely

Legal Department
MKDP LLP




Okay so the loan agreement looks okay but it will take me a bit of time to put it up as there are 9 pages and i have to take my details off.

But i believe the icing on the cake is the 2nd document that they have sent which is the transactions for the account. It appears to have all the transactions from the start of the loan, the icing bit is the date of the last payment that i made on the account which is listed as the 13th November 2007.

Would this mean it could be statute barred now?

I doubt it since you posted the particulars of claim at the beginning of November.

M1

[mysticphoenix666]

Re: Need help with a court claim please

okay below is a copy of the email i have received today:

Please note that it states "having provided me with a copy of Notice of Assignment" they have not provided it. the only things they have provided are the 2 files that they sent today. There is also no name on the email as to who within the Legal Department sent it.


We write with reference to your conversation with this office on 4 December 2013 and attach a copy of the loan agreement and statements. Having provided you with a copy of the Notice of Assignment we will provide you with a copy of the Default Notice in due course. We confirm that having extended the time limit for you to file your defence to 28 December 2013 we will not consent to being bound by unless Order.

Yours sincerely

Legal Department
MKDP LLP




Okay so the loan agreement looks okay but it will take me a bit of time to put it up as there are 9 pages and i have to take my details off.

But i believe the icing on the cake is the 2nd document that they have sent which is the transactions for the account. It appears to have all the transactions from the start of the loan, the icing bit is the date of the last payment that i made on the account which is listed as the 13th November 2007.

Would this mean it could be statute barred now?

[mystery1]

Re: Need help with a court claim please

https://www.youtube.com/watch?v=BjnPAhAdxZQ

M1

[Amethyst]

Re: Need help with a court claim please

http://www.legalbeagles.info/forums/...r-details-safe!)

[mysticphoenix666]

Re: Need help with a court claim please

Could someone please post how I attach docs to my messages for when I get home please.