Womble 72/Northern Rock 29k Debt - Court looming **WON*****.

[andyorch]

Hi Tomterm
Quite true but who is going to tell them its invalid until defences are accepted and by that time we will be dealing with a invalid CCA no doubt.
Like I always maintain the defence must refute the P.O.C not forewarn them of what we know and give time for them to regroup you being an expert on defences will no doubt agree with this.


Regards
Andy

[andyorch]

Thanks Paul
I note your comments



Regards
Andy

[tomterm8]

Originally Posted by andyorch

Hi Tomterm
Quite true but who is going to tell them its invalid until defences are accepted and by that time we will be dealing with a invalid CCA no doubt.
Like I always maintain the defence must refute the P.O.C not forewarn them of what we know and give time for them to regroup you being an expert on defences will no doubt agree with this.


Regards
Andy

Andy,

Wombles copy of the CCA is http://i222.photobucket.com/albums/d...988/img002.jpg .

It does appear basically valid to me, if a bit improperly executed.

of course, NR haven't actually provided their copy of the agreement yet.

[womble72]

So now it's a waiting game to see if they send me an orginal agreement.

I'm still not clear with how the court procedures are.

I am defending the claim so i have until the 8th December for my defence but do i just wait until the court sends me more paperwork about why am i defending?

I am confused with how the proceedures will be.

Womble

[tomterm8]

The easiest way to submit is to do it through MCOL (Money Claim Online), if that is available to you. otherwise, we will help you fill the form in nearer the time.

At this stage, I am still not clear whether it would be in your interest to defend or admit part of the debt.

[andyorch]

Hi
I would personaly wait until the deadline to submit your proposals .I still dont think you will recieve your CPR request on time and why have Nr Stated they have included your CCA when they quite clearly have not.
You could perhaps work on two defences and edge your bets.
the law is more about mindgames than fact and you maintaining the edge throughout the argument,will provide you not just mentally with scope to proceed

You need to ask your self can I turn this round with what I have ie invalid default note which is totally unlawfull to proceed with litigation and the fact that said CCA seems to have gone AWOL.personally I would defend in full but hey thats me and up for the fight



Regards
Andy

ps sorry for th e delay withthe response

[womble72]

Do i need to submit the proposals until deadline via MCOL or the courts sending me paperwork about my defence ?

MCOL asks me for a N1 form with my password on.

I dont recall having a N1 form.

Womble

[andyorch]

Sorry TT8
Missed your post in reply i am in agreement with you but personally dont think NR have one otherwise they would have furnished it


Regards
Andy

[pt2537]

Womble, the N1 is the court form that has the POCs on it

you posted a copy with the original docs i do believe

regards
paul

[tomterm8]

Originally Posted by andyorch

Hi
....

and the fact that said CCA seems to have gone AWOL.personally I would defend in full but hey thats me and up for the fight

...

Regards
Andy

ps sorry for the response

Hi, Andy, I don't think you need to be sorry about responding

The lack of a CCA, or an enforceable CCA, is always a very strong argument. There are other arguments that are slightly more technical (such as the default notice argument, penalty charges etc) which can work, but in my experience NR in this case will just reduce the claim by £60, and it's then a very hard sell with the judge. not impossible, just hard.

There are other routes we can go down, which might end up with a better situation for wombles. Unfortunatly, unlike winning a defence, they would end up with wombles paying back the debt, but without the credit history a CCJ would entail.

It's always hard advising in any case, because of course most people would always like to try to win but, sometimes, if the cards aren't strong in your favour there can be cost implications of fighting a claim, especially considering this would be fast or multi track.

I mean, obviously, if womble wins, they pay, and if we have a strong defence it is worth the risk. I, Paul, and CB are discussing matters behind the scene to try to find such a strong defence. I always tend towards cautious, however, because I don't want to make the situation worse.

[andyorch]

Alan
you need to log onto MCOL input your case number and the password follow the screens AOS first and then move on to the section you refer to
Three options
Defend
Admit part
Agree

Select what you personaly wish to do dont tick C/C at this stage


Andy

[tomterm8]

Originally Posted by andyorch

Sorry TT8
Missed your post in reply i am in agreement with you but personally dont think NR have one otherwise they would have furnished it


Regards
Andy

Hi Andy,

i've just seen too many court cases recently where the creditor intentionally sends the credit agreement to the court with a nice letter ... possibly prevaricating.... saying that they've sent it to the debtor three times already.

i DON'T trust creditors to play fair.

TBH, Northern Rock are more professional than most.

Tom.

[andyorch]

I Fully agree Tom with your response only Alan can make that decision
but is in a very more confident position with the help of CAG to determine this


Andy

[womble72]

Hi,

I do not have a password to log on to the MCOL.

Womble

[tomterm8]

Not all claims can be done through MCOL, unfortunatly. We'll help you submit the forms nearer the time, then.