Winter Despair

[I Love Crisps]

Re: Winter Despair

Omg! not been on here for a bit and thought I had heard the last from Barclays but I have just received a claim form from Northampton County Court, with MKDP claiming, is this liable to be genuine? Is Niddy still around? pretty scared now! ;(

[IF]

Re: Winter Despair

Omg! not been on here for a bit and thought I had heard the last from Barclays but I have just received a claim form from Northampton County Court, with MKDP claiming, is this liable to be genuine? Is Niddy still around? pretty scared now! ;(

Hiya ILC, Niddy is still around, I've notified Niddy & Andrew and they'll email you shortly. In the meantime please read the following guide -> http://forums.all-about-debt.co.uk/s...atutory-demand and if you want to join a group apply now.

Best wishes
IF

[ATW]

Re: Winter Despair

If its MKDP then yes unfortunately it is likely to be genuine. Did you e-mail the claim form and other docs over earlier today (I just want to make sure a real person and an online name are matched up properly rather than assume it is you).

With the Claim Form you should have received a Response Pack. Page 1 of that pack is the “Acknowledgement of Service”. You need to complete that as follows:

1. If the box at the top right hand corner is not already complete then copy the information from the Claim Form into it (claim number etc).
2. Insert your contact details into the box with the heading “Address to which documents about this claim......”
3. Under that box is the heading “tick the appropriate box” with three choices of option to tick. Tick 1 and leave the other two options blank.
4. Insert your date of birth where indicated and then sign and date the form (ignoring the bit about “position or office held”.
5. Send it to court by e-mail ccbcdefendants@hmcts.gsi.gov.uk or fax 01604 619 523 / 01604 619 526

[I Love Crisps]

Re: Winter Despair

Thank's so much for the feedback, only got the letter at dinner time when I popped home from work and it has been a massive bombshell, I thought this was long forgotten and am stunned, I have been like a zombie at work this afternoon...this can only end badly really cant it?

[cymruambyth]

Re: Winter Despair

Hi, try to calm down, easier said than done! Follow Andrew's advice and you will get the best possible advice. He is an excellent solicitor who has fought and won many battles. (Mine included)
Complete the AOS as guided in post 213 and get all the paperwork emailed to both Andrew and Niddy.

[I Love Crisps]

Re: Winter Despair

If its MKDP then yes unfortunately it is likely to be genuine. Did you e-mail the claim form and other docs over earlier today (I just want to make sure a real person and an online name are matched up properly rather than assume it is you).

With the Claim Form you should have received a Response Pack. Page 1 of that pack is the “Acknowledgement of Service”. You need to complete that as follows:

[FONT="]1. [/FONT]If the box at the top right hand corner is not already complete then copy the information from the Claim Form into it (claim number etc).
[FONT="]2. [/FONT]Insert your contact details into the box with the heading “Address to which documents about this claim......”
[FONT="]3. [/FONT]Under that box is the heading “tick the appropriate box” with three choices of option to tick. Tick 1 and leave the other two options blank.
[FONT="]4. [/FONT]Insert your date of birth where indicated and then sign and date the form (ignoring the bit about “position or office held”.
[FONT="]5. [/FONT]Send it to court by e-mail ccbcdefendants@hmcts.gsi.gov.uk or fax 01604 619 523 / 01604 619 526

Just trying to get my head round it all now, and no I haven't emailed or sent anything yet, got the day off tomorrow so going to follow your instructions and crack on, will this involve me going to Northampton Court etc as I really dont think I can handle it, plus as I thought this had all passed I had a clear out and probably dont have all their threat letters etc, will this be a problem ;( Niddy always said Barclays was unenforceable though...

[I Love Crisps]

Re: Winter Despair

"I intend to defend all of this claim" I have to tell you I am very scared, does this involve me going to court in person and can bailiffs raid my parents house as that is my address at the moment...

[cymruambyth]

Re: Winter Despair

There is a long way to go before court. You need to say that you will defend the whole claim or they will get a default judgement against you. When you get any paperwork that you have to Andrew he will tell you what to do.

[I Love Crisps]

Re: Winter Despair

I thought by saying "defend the whole claim" that meant going to court to defend it? again thanks for your swift replies....

[Spud]

Re: Winter Despair

Hi Crisps

Do try not to worry, Easier said than done I know........... The key to this is knowledge

MKDP will be hoping that you don't have this knowledge and will plan to take advantage of this.................But they don't know that you have the backing of AAD do they? ......and neither must you tell them !!!!!

Follow the advice that ATW has offered you, He is a highly experienced solicitor with many "wins" under his belt.

In short, To answer your questions.........If you defend the claim.......Who says that you will even get to court? It may not go that far.......many don't

If it does eventually go to court ( which is the last step) then the case would be heard at your local court. They just issue the claims through Northampton.

Bailiffs do not just come along automatically so you do not need to worry there.......You need to get to court first, Then you need to lose........Then you need to default on the Judgement before there would be any bailiff involvement. In short a bailiff can only remove items belonging to you so your parents belongings ect are perfectly safe. Like I say, Bailiffs are not even a consideration at this stage.

Don't worry about this alone......post up on AAD........There is always someone to offer a hand

You are in good hands here

Spud

[I Love Crisps]

Re: Winter Despair

Ahh thanks a lot m8, just was a massive shock in the post today...one piece of mind is from page 3 of this thread when Niddy confirmed it was unenforceable...


Default Re: Winter Despair

Barclays = Unenforceable

Nice one, they admit in their cover letter that it's a recon, that's good enough! (plus there was no actual agreement attached either lol) - respond with this: ---> CCA Query - Copy Document Supplied


Guess this cant change can it?

Why do they try it on after years have passed though...

[Spud]

Re: Winter Despair

Because they can..........And as time ticks on they are getting closer to the date that they cannot do anything ( Statute barred)

They will try it on......remember most people do not have the knowledge to understand or fight this so they just pay up...........if 9 out of 10 claims succeed.......They are happy

We need to ensure your case is the one in ten

[I Love Crisps]

Re: Winter Despair

Because they can..........And as time ticks on they are getting closer to the date that they cannot do anything ( Statute barred)

They will try it on......remember most people do not have the knowledge to understand or fight this so they just pay up...........if 9 out of 10 claims succeed.......They are happy

We need to ensure your case is the one in ten

Cheers m8, your words have made me a lot less stressed, what a wonderful place this continues to be!

[Spud]

Re: Winter Despair

Just read a bit more of your thread

Scrap the bit about Statute barred as you are making regular payments......Although this will help you as you are doing what you can

The rest still stands though........They are just trying to bully you

See what ATW advises as he is the expert

[I Love Crisps]

Re: Winter Despair

Just read a bit more of your thread

Scrap the bit about Statute barred as you are making regular payments......Although this will help you as you are doing what you can

The rest still stands though........They are just trying to bully you

See what ATW advises as he is the expert

No not made any payments for last couple of years since Niddy said unenforceable