Hello - Claim Form received from Northampton CC Business Centre

[Amethyst]

Pretty much, yes. Horrid place to be with it hanging over your head, you've had this on hold for two years, and I'm not sure there is any time limit ( stupidly ) it can stay on hold in court - although they would have to apply to the court for permission to lift the stay and the longer it goes on, the less likely - but saying that I haven't seen any declined. Be a pain to have them pick it up if you couldn't get it settled outside court and have a CCJ on your file for 6 years after all this.

You have options ( probably the same you had previously mind)

* Just leave it and hope they don't find a decent / recon copy of the agreement with everything in order.
* Negotiate some kind of a reduced settlement to get it out your hair and save costs etc
* Consider seriously applying to court to strike out their case or for summary judgment. You could write to them first with a copy of your proposed application and invite them to withdraw to save costs. The application is £255 ( but you could check if you are eligible for fee remission). It does carry a risk of a) costs if you lost b) encouraging them to dig deeper for that agreement and then proceeding in the case but conversely could force their hand to withdraw or get them struck out for failure to comply with the CCA etc and abusing the court procedure.

I read back a fair bit of the thread but I can see you sent a CCA request in 2013 but just checking whether you actually sent it to the claimant and is that the one was replied to with the copy application? or was that to the original creditor / previous DCA ?

The claim is nearly 10k isn't it - you could consider getting a solicitors involved who'd likely be able to have more luck getting the claimant to agree to withdraw/discontinue. Might actually cost you same or less than the application depending who you can get. Might be worth investigating ( there's Joanna Connolly of Joanna Connolly Solicitors & Paul Tilley, Howlett Clarke on here who are both experienced in consumer credit agreement court claims - it might be worth having a chat with and at least finding out how much it might cost )

Just my thoughts anyway.

[Helpseeker02]

My goodness, this is a lot to take in.

Just going through my papers and will respond a.s.a.p.

Thank you x

[Helpseeker02]

Hi Amethyst,

Please see my response below from your post (extract):

"I read back a fair bit of the thread but I can see you sent a CCA request in 2013 but just checking whether you actually sent it to the claimant and
is that the one was replied to with the copy application? or was that to the original creditor / previous DCA ?"

-

The claim is for >£9K.

In 2013, I made a CCA request to Apex (dca).
They responded by saying that they referred the account to Lloyds Banking Group (their client) to supply the information.
The account was to be put on hold whilst they awaited their client's response.
I never received any further related information (i.e. cca) from either company after that.

After receiving the claim form, a CCA request was made to MFS Portfolio (claimant) in Dec 2015, to which Cabot replied in Feb 2016.
In Cabot's response, they stated awaiting further info re: my CCA request, from the original creditor i.e. BoS/Lloyds Banking Group.
It is from my request in Dec 2015 where I received the 1-page copy application.

If I got it right, from re-reading your question above, I did not send the CCA request (Apex - dated 2013) to the claimant (MFS - Dec 2015).

Should I have?

p.s. After not receiving any further info from Apex and BoS, that is when Cabot got involved.
-

Also, I saw in a previous posting on another thread about Cabot being unauthorised to be conducting business as a dca?

Is it true and does this affect me at all?

I think that I may be legible for Fee Remission and in light with all this, then I welcome connecting further with the court claim Solicitors.

Kindest,
HS02.

[Amethyst]

Just quickly on the cca

After receiving the claim form, a CCA request was made to MFS Portfolio (claimant) in Dec 2015, to which Cabot replied in Feb 2016.

thats perfect ta xx am out at mo just didn’t want you worrying on that.

[Helpseeker02]

Just quickly on the cca

After receiving the claim form, a CCA request was made to MFS Portfolio (claimant) in Dec 2015, to which Cabot replied in Feb 2016.

thats perfect ta xx am out at mo just didn’t want you worrying on that.

Thank you very much, Amethyst. I am trying not to.

Also, I have additional info/question that I will send in my next post.

Kindest,
HS02 x

[Helpseeker02]

Further information:

Also, I sent the Sols a recorded delivery letter in January 2017 highlighting that the CCA request fee of £1 (dated 2017) was applied to an inactive account.

I asked for the fee to be returned to me and for the account to be amended back to it's original state. As far as I am aware, the Sols never acknowledged or acted to redress this at all.

They are being dishonourable by deliberately using it as a payment.

1. How is this a legal activity whilst the account is in dispute?

2. Can they still act on a stayed claim that is over 2 years old?

3. Their latest letter asked for a response within 14 days (deadline by Weds 24th)

Surely that does not have to be adhered to considering the further info above i.e taking years (including using tactics)
to try to keep this matter active, so they can pursue it??


Overall, what is the cheapest, most definitive option to eliminate this matter once and for all?


Regards,
HS02.