Unenforceability & Template Letters III

scarednshakin

Hi Nid, thank will get the letters sent out to Apex, no they had never been involved before. Also sent you email with Lloyds loan, just whenever you have a minute.

Mojo sending you :grouphug: Nid will sort it out, must be really scary but you know we are all here for you.

mojoparrot

scarednshakin wrote: »

Hi Nid, thank will get the letters sent out to Apex, no they had never been involved before. Also sent you email with Lloyds loan, just whenever you have a minute.

Mojo sending you :grouphug: Nid will sort it out, must be really scary but you know we are all here for you.

thanks! calming down now. Just a nervous nelly me, frightened of my own shadow:o

looks a bit rude the yellow men!:D

maz1964

mojoparrot wrote: »

Thanks for replying NID can barely type with fear:eek:
Yes its Northhampton. I was just thinking how I would get down there to be at court!:eek:

hiya mojo - from my own personal experience pls dont worry unduly you are in safe hands here

ive also had a claim form from northampton, its one way for the creditors in a way to send a claim and this gives them the chance to not provide any relevant paperwork ie important info like cca - i was helped in putting in an defence and then request the info directly i dont want to cause you any more worry but pls take advise from niddy with this now

anyway if it does get to court later and i mean much later scenario that you defend it and they wish to still take it to court then the case will i believe gets moved to your local court, im sure niddy will clarify, but with my own case its in limbo and yet to get to my local court as the creditor has not told the court they wish to proceed to court stage so for me after 8 months not seen a court room yet, but with niddys help i want to see what my options are to close this down directly with the court if i can.

law is very complex but what ive learnt it s not a quick process which helps us to take time to see our options a bit more clearly

keep positive take care laters maz:)

never-in-doubt

mojoparrot wrote: »

The form is titled claim form

So it is an N1 claim form?

mojoparrot wrote: »

Claimant is drydens lawyers

Hmmm, even though they have no legal entity to things, they have not issued Notice of Assignment paperwork....

mojoparrot wrote: »

It says... the claimants claim for monies due from the defendant under a Adams storecard.

Which they (creation) are in breach of s.78, ergo easy to defend this claim.

mojoparrot wrote: »

Agreement no xxx issued on 25/1/97 regulated by the CCA 1974 - the defendant breached the agreement by failing to maintain payments in accordance with the agreement and was served with a notice under section 87 (1) of the Act.

No, this account is actually in dispute and at the present time the Original Creditor is in default of your lawful s.78 request. Have you ever received a s.87 notice (i.e. default notice?)

mojoparrot wrote: »

The defendant has failed to comply with the defaut notice and the claimant claims the sum of £4,060.59 together with interest at the rate of 39.90% per annum in accordance with the agreement on the sum due from 15/2/10 to 10/5/10 totalling £97.85 and continuing until judgement or payment at the daily rate f 4.43884
Total sum claimed £4,323.24

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

mojoparrot wrote: »

There is a response pack showing acknowledgement of service, admission sheet and defence and counterclaim.

Ok, the above is more to highlight events to date for 10past6 - just sit tight and await his response,......

Just confirm for me, we last spoke about sending the reply to drydens a week ago - why had you not posted it? If we agree to post something, no excuses in future - drop what you are doing and post it! You cannot mess about when court threats are being made, you had to send that last letter to stop this happening! I dunno why you never, still confused as to that one

Just chill out, we'll get back to you later - i've spoke to 10past6 on your behalf via PM. Sit tight and stop worrying....

mojoparrot

never-in-doubt wrote: »

So it is an N1 claim form?



Hmmm, even though they have no legal entity to things, they have not issued Notice of Assignment paperwork....



Which they (creation) are in breach of s.78, ergo easy to defend this claim.



No, this account is actually in dispute and at the present time the Original Creditor is in default of your lawful s.78 request. Have you ever received a s.87 notice (i.e. default notice?)



:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:



Ok, the above is more to highlight events to date for 10past6 - just sit tight and await his response,......

Just confirm for me, we last spoke about sending the reply to drydens a week ago - why had you not posted it? If we agree to post something, no excuses in future - drop what you are doing and post it! You cannot mess about when court threats are being made, you had to send that last letter to stop this happening! I dunno why you never, still confused as to that one

Just chill out, we'll get back to you later - i've spoke to 10past6 on your behalf via PM. Sit tight and stop worrying....

Thanks NID, may have had default notice from creation back in Jan Feb but was burying head then, this was before your help. havnt saved it but will check. Have all the drydens correspondance from start though.
Didnt send the letter str Straight away as I have no printer I have to go to mums to do this and havnt been this week. Lesson learned though. I will walk over hot coals to ensure anything you tell me to do I DO NOW!!
Sorry
(stupid and shameful)Mojo:(:(

10past6

never-in-doubt wrote: »

i've spoke to 10past6 on your behalf via PM. Sit tight and stop worrying....

I've just popped on to conform what Niddy says, try not to panic!

Take a look at my comments on this thread, everything concerning your case is detailed in that thread, follow my instructions / advice on the thread, I'll be back sometime later tonight

mojoparrot

maz1964 wrote: »

hiya mojo - from my own personal experience pls dont worry unduly you are in safe hands here

ive also had a claim form from northampton, its one way for the creditors in a way to send a claim and this gives them the chance to not provide any relevant paperwork ie important info like cca - i was helped in putting in an defence and then request the info directly i dont want to cause you any more worry but pls take advise from niddy with this now

anyway if it does get to court later and i mean much later scenario that you defend it and they wish to still take it to court then the case will i believe gets moved to your local court, im sure niddy will clarify, but with my own case its in limbo and yet to get to my local court as the creditor has not told the court they wish to proceed to court stage so for me after 8 months not seen a court room yet, but with niddys help i want to see what my options are to close this down directly with the court if i can.

law is very complex but what ive learnt it s not a quick process which helps us to take time to see our options a bit more clearly

keep positive take care laters maz:)

Thanks Maz, I'm glad in a way its come to a head, good to hear its not game over!:T:T
Mojo

mojoparrot

10past6 wrote: »

I've just popped on to conform what Niddy says, try not to panic!

Take a look at my comments on this thread, everything concerning your case is detailed in that thread, follow my instructions / advice on the thread, I'll be back sometime later tonight

Thanks 10 past 6 will be keeping an eye out for you.:T:T

never-in-doubt

10past6 wrote: »

I've just popped on to conform what Niddy says, try not to panic!

Take a look at my comments on this thread, everything concerning your case is detailed in that thread, follow my instructions / advice on the thread, I'll be back sometime later tonight

Morning skiver - thanks for popping in, catch you later tonight then.... get in touch if you need anything specific answering yea?

Chat soon :beer: :beer:

Little_Miss_Knuckles

Hi NID

Its me again and sorry in advance for not being able to post the links

it was post 2447 and lots more but this is more straight forward

forums.moneysavingexpert.com/showpost.php?p=32507827&postcount=2447

after sending the CCA Dispute / Section 10 Request my response came today they have now passed it on to another company (Credit Solutions) the fact they have passed it on gives me hope as. there letter is pretty standard just saying Barclaycard in forum us you haven complied with the formal notice. etc

Do i just send these copy's of all the letters i sent before with a cover note?


Regard and Thanks

Little Miss