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

[mysticphoenix666]

Hi

I have received a letter stating that MKDP are taking me to court over a debt that is almost statute barred, I had a personal loan with a bank that went into dispute over poossible unlawful action by them and resulted in me stopping my payments to them. They hassled me and harassed me for years threatening me every month with court action which never materialised.

The original debt was marked as satisfied on my credit file a long time ago and since been removed but i didn't realise it was sold on to this company.

It is now almost 6 years since i last had any contact in writing or through payment regarding this debt to the original creditor and i have never had any contact with this company and now but of the blue i have received a court letter stating that they are placing a claim against me and i have to respond with either an acceptance or a dispute for this debt.

Can anyone give me some advice on to what i can or could do, i have searched lots of forums and i am still unsure if i have any way of fighting this.

Thanks

[mysticphoenix666]

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

Im with StepChange, im sorting out my review and needed up to date account information.

The original creditor was Minicredit which as far as im aware went out of business and sold all debts to OPOS, i have never had any letters in relation to this debt from OPOS, when i started my DMP i was paying the original creditor and they informed setpchange that it had moved. The payments have carried on regardless of the change, i only know now because i need to do a review.

The woman on the phone said they had sent me a NOA and numerous letters which i havent received and when i asked for copies of them she said "yes thats fine just send us a SAR for £10". I dont even know their reference number for the account as she wouldnt give it to me.

[Amethyst]

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

If the debt is with OPOS you should be able to speak to them and ask them for your account balance - they do have a log in section to monitor your account with them - https://www.oposlimited.com/customerAccess/ - I can't see any need for a SAR to get your details. If you want all historical info then yes a SAR is a good idea, but probably to the company the debt was with before OPOS.

Which Debt Management company are you with ? (I'm slightly paranoid about Debt Management companies at the moment so just checking ). They should have all your details about the debt if they are doing their job properly and should have a record of all your payments made.

[mysticphoenix666]

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

Old thread i know, but wasnt sure where to post my question.

I am having dealing with a debt management company and i am trying to get up to date sattement and account information. I have been told one of my debts is now with OPOS ltd so have contacted them to be told i cant have the information sent to me without sending a SAR.

Is there anything other than a SAR that would get me this information like CPR or CCA?

Thanks

[Amethyst]

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

http://www.legalbeagles.info/forums/...-with-defences ( @ M1 & PT)

[Amethyst]

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

lol, well we all bloody agree, this wasn't an embarrased defence anyway, it was a proper defence, and the only reason we'd go with a defence for lack of docs (which wouldn't be embarrassed anyway) would be if there was no chance of fee remission and the defendant just couldn't manage the £155 - or the £50 even?? - without a hearing application preferable to a defence you reckon? better than just rolling over and waiting for the default judgment either way.

[pt2537]

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

If that's to me, it sounds like your arguing with me although i agree with you. Not once, that i recall, have i suggested an embarrassed defence.

http://www.legalbeagles.info/forums/...337#post428337

http://www.legalbeagles.info/forums/...844#post427844



M1

Good job it wasnt to you then isnt it haha

[mystery1]

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

BUT............... what if .........................you pay £155 unless youre fee exempt....................... and they get an unless order, costs, and sanctions attached if they dont comply..........................

Surely the above is better than defending, because more and more people following this route are losing, getting judgment and then asking for help appealling.

I know this is a fact because ive had t hree people on the phone today with exactly this dilema, so surely short term outlay for long term gain is better than a Judgment, charging order and bankruptcy etc.

If that's to me, it sounds like your arguing with me although i agree with you. Not once, that i recall, have i suggested an embarrassed defence.

http://www.legalbeagles.info/forums/...337#post428337

http://www.legalbeagles.info/forums/...844#post427844



M1

[pt2537]

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

BUT............... what if .........................you pay £155 unless youre fee exempt....................... and they get an unless order, costs, and sanctions attached if they dont comply..........................

Surely the above is better than defending, because more and more people following this route are losing, getting judgment and then asking for help appealling.

I know this is a fact because ive had t hree people on the phone today with exactly this dilema, so surely short term outlay for long term gain is better than a Judgment, charging order and bankruptcy etc.

[mysticphoenix666]

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

will post it up as soon as it arrives

[Amethyst]

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

We know


If they responded to the court orders then they have no hope

I'd still be really interested to see the orders from the court etc (just helps assess how the defence was taken by the court etc for future ref) you can email me if you prefer ( admin@legalbeagles.info )

[mystery1]

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

This wasn't in any way an embarrassed defence. We had (most) of the documents from the creditor and knew what the claim was and there was a genuine dispute on it. I think we were only waiting on a default notice and that alone didn't seem enough to push on with a CPR 31.14 application - as it happens they still haven't provided but we have seen where a 'would have sent one standard letter says on the system' response satisfies a judge, so with the major disputes and prior FOS agreement with the defendant on the issues prior, we just went with a defence, WS and the back up evidence.

I prefer an application to an embarrassed defence and don't ever use them. However if the fee is £155 now and it is too much, then a defence based on the issues with the debt (if you know what it is) and outlining what you have done to find out the rest of the information can have the same effect of getting an order to produce the documents from the court. I have started a thread to discuss that choice (as people need an alternative) in VIP.

I'm losing the plot :der:

M1

[mysticphoenix666]

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

yes and they emailed me several times

[Amethyst]

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

No they didn't reply to my defence they never sent any documents to the court either, or informed them that they were not attending.

Just obnoxious of them really.

I suppose they could try and claim they didn't get the documents as an excuse for non compliance, however didn't they ring you about the point 5 in the defence ref the PPI?

[mysticphoenix666]

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

They won't (try to reclaim that is) We're just discussing the technicalities.

Yes post up the order from the court when you get it.

Did you say they sent you a response to your defence? If so can you post it up as it might help others.

No they didn't reply to my defence they never sent any documents to the court either, or informed them that they were not attending.