KKA's Unenforceability Diary

[Joanna Connolly Solicitors]

Can anyone advise me on what to do?

I can

I've received your documents but I didn't get an email alert for your PM.

Can you reply to my email and then we can talk tomorrow.

Di

[KKA]

Hi Guys
Just a quick update - Di kindly contacted me on Saturday and helped me formulate a defence to submit online.
This was greatly appreciated.

I will update the thread with the progression.
KKA

[Joanna Connolly Solicitors]

The next thing you should receive is a letter from NCCBC telling you that they've served your Defence on the Claimant who will be given 28 days to inform the court if they intend to continue with the proceedings.

If they don't do that then the claim is automatically stayed (a pause button) but you won't be told so call the court to check.

If they decide to continue then you'll be sent a Directions Questionnaire to complete and file by a specific date. At that point you will be offered the option of free telephone Mediation.

Cross each bridge as you get to it.

Good Luck!

Di

[Pat]

Sorry this is all a bit late but I know that MBNA assigned debts to a company in Luxembourg called Brittanica Recoveries S.à.r.l - Mortlake- they then authorised Morgate loan servicing to collect the loan who then asked Arden credit management to collect on their behalf. Funny thing is that both Morgate and Arden were at the same address in Solihul Birmingham and were incredibly incompetent. The debts were then sold to Arrow Global Guernsey who if i am right have a bit of a problem.

So, and i am sure you included assignment in your defence they have several assignments to prove

I know this because I had an MBNA credit card which went that way and they couldn't comply with the CCA request

[Joanna Connolly Solicitors]

Di kindly contacted me on Saturday and helped me formulate a defence to submit online.
This was greatly appreciated.

I will update the thread with the progression.

Why don't you phone the court tomorrow to see whether this claim has now been stayed (legal pause button). The court doesn't write to tell you if that's the case, you have to make your own enquiries.

The number to call is 0330 123 1056.

Di

[KKA]

Hello Di, Thanks for the Message, i have had some responses and sent you an email with details.
Basically one letter stating that the matter will now be handled by their in house litigation team and offering options to provide settlement at a reduced rate, and a second letter dated a week later stating the account will be on hold until the information i requested can be provided.

Any advice on what to do next? should i just sit tight??
Many Thanks & Best Regards
KKA

[Joanna Connolly Solicitors]

Hello Di, Thanks for the Message, i have had some responses and sent you an email with details.
Basically one letter stating that the matter will now be handled by their in house litigation team and offering options to provide settlement at a reduced rate, and a second letter dated a week later stating the account will be on hold until the information i requested can be provided.

Any advice on what to do next? should i just sit tight?

So Restons solicitors are no longer instructed And Arrow says that everything is on hold until they can comply with your request for documents.

This may take a while since there could be assignment issues for them to overcome. Did you send a Subject Access Request to the original creditor to see what information is held on their files? You'll be able to see who they sold the debt to.

There's nothing you need to do while Arrow tries to source or reconstitute the documents which they need to prove their case. No need to reply to their letter.

Have you checked with the court that the claim is stayed (I expect it is by now)?

Di

[KKA]

Di
Thanks for the response.
I have received a huge box of paperwork on the back of the SAR.
I will check with the court today and advise and sit tight for now.
Thanks for your help.
KKA

[Joanna Connolly Solicitors]

I will check with the court today and advise

Sounds like a plan

Di

[KKA]

Di
I contacted the courts today and the status of the claim is stayed.
Will sit tight and see what comes next.
Thanks very much for your help on this one.
KKA

[KKA]

Hi Guys
Onto the next one - Old Barclay card that was assigned to HPH Ltd.
Various letters from Robinson Way attempting to make contact (all ignored).
I have now had a Letter of Claim from Howard Cohen Solicitors.
Whats the best way to tackle this one?
Thanks for your help.
KKA

[Roger]

Hi Guys
Onto the next one - Old Barclay card that was assigned to HPH Ltd.
Various letters from Robinson Way attempting to make contact (all ignored).
I have now had a Letter of Claim from Howard Cohen Solicitors.
Whats the best way to tackle this one?
Thanks for your help.
KKA

Its a problem because you haven't maintained Diary and entries.
Is this the same one that you sent a LBA to Howard Cohen before?
Is this the one where your S.78 response was Un Enforceable?

[Joanna Connolly Solicitors]

Old Barclay card that was assigned to HPH Ltd.
Various letters from Robinson Way attempting to make contact (all ignored).
I have now had a Letter of Claim from Howard Cohen Solicitors.
Whats the best way to tackle this one?

Where can I find the history of this debt (e.g. which post # in your diary)?

Before suggesting the best way to tackle (or ignore) a Letter Before Claim the background of the account needs to be checked .

Di

[KKA]

Roger & Di
All the Best for 2018.
Many thanks for the responses, and apologies for the late reply due to the Xmas break.

Sorry i didn't make myself clear in the post - the debt i referred to has had no mention to date in the diary - a brief history as follows......

Original Debt with Egg Card - Opened April 2002.
Sold to Barclaycard - date unknown.
Financial difficulty and payment arrangements established between 2011 and 2013 - payments stopped at the end of 2013.
Default date on Noddle is March 2014.

The saved correspondence i have available is as follows: -

May 14 - Letter from Barclaycard confirming Moorcroft would be handling.
June 14 - 2 letters from Moorcroft attempting contact.
Nov 14 - This time from Wescot offering reduced settlement.

I then have no other saved information on this debt until 2017.

Aug 17 - Letter from Barclaycard confirming transfer to HPH
Aug 17 - Notice of assignment from HPH
Aug 17 - Robinson way attempting contact.
Sep 17 - Robinson way offering reduced settlement.
Sep 17 - Robinson way pre-legal assessment template
Dec 17 - Howard Cohen - Letter of Claim.

Should i send the LBA template letter in response?
Any advice as always is greatly appreciated.

Best Regards
KKA

[KKA]

Hi
Guys
Can anybody advise on this one?
Should i just send the LBA template letter??
Many Thanks
KKA