Court Hearing 25th Feb...Help Please **WON** CASE STRUCK OUT

[mrmarmite]

lmao, going by you POC you dont need my help, to drunk now so if i not posted by 7 2morrow just post "bump" and you will get my full attention.

questions:
1. yup
2. theres always things to add
3, can do but ask me that question 2morrow when i'm sober
4.without a cca YES
5. as said own question answered
6. yes template letter requesting whgat they plan on using in court under civil proceedure rules, you got 28 days to file defence. court papers will say file copy to court and claimant at same time

[mrmarmite]

p.s, like i did with you, ask few q's at same time, can cover a lot more in shorter time that way

[illonavamp]

Hey marmite if this gets chucked out I'll be getting EVERYONE ON HERE DRUNK.

Will bump ya tomorrow have a pleasant evening

[illonavamp]

Bump

No.3 though no rush

And what should I include in my 'court bundle' if there a link I can read about court bundles? I guess it's just a copy of everything I'm going to use.

- what makes an enforcable agreement - just so I'm clear?

[illonavamp]

1. I'm putting my court bundle together this weekend - so i send to court AND claimant?
2. Registered / Special / Recorded Post?
3. Was thinking: no cca has been produced and a default has been put on my record: my mortgage scheme expires end march and BECAUSE of that default the only mortgage I can change to is one thats more expensive than standard high street schemes - could claimant be liable for the difference in the cost of my mortgage because of the default? - was just curious lol


Anyway I printed off Court procedures and consumer credit act and am just working through them to back up my defence.

Is there anything else I should do this weekend on my case?

Sam

[illonavamp]

ickle bump

[mrmarmite]

BIG appologies. have some pc probs, i not forgoten about you, i WILL be with you shortly, i'm still loading programs and stuff up

[mrmarmite]

cca It MUST contain a
credit amount (it could say we will determine your credit amount from time to time (this is acceptible))

an interest rate

and repayment type i.e 5% or £5

it MUST be on the document you signed NOT on seperate paper work.

sent defence to court by recorded (allow 3 days to be safe before dead line) and other send by normal postage (cuts cost) as long as they get it by deadline theres no problem, get proof of posting from post office for latter ( it covers your rear end JUST in case they try using excuse that they never got it)

[shieldblaster]

Hi

With reference to your claiming damages for your mortgage there is actually a ruling by the Court of Appeal that addresses this:

Kpohraror v Woolwich Building Society - Mr Kpohraror sued the bank for damage to reputation following a (wrongly) bounced cheque.

The pertinent part of the Court of Appeal judgement is:

"The credit rating of individuals is as important for their personal transactions, including mortgages and hire-purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case, in so far as this is a presumption of fact."

So I imagine a claim for damages is quite possible . If you have proof that your mortgage was directly affected by your poor credit rating then you have a case for substancial damages, in the above case he was awarded £1000

Hope this helps

[illonavamp]

Goodness me,

Well yes I do have direct proof, namely a mortgage quotation that is 400 squid more expensive, per month, wouldn't be too much to ask my (reputable) mortgage broker to write to me outlining my options, and the reason for them (the default).

I read somewhere around CAG that as long as you tell them in writing that the matter is "in dispute" then they can't put anything on your record until it's resolved. I was after some facts to possibly cement that as I plan to maybe add it to my defence to get the default removed. If it's removed I'm laughing, basically.

Either way, I am aiming to get the case struck out on my original defence, then send a special delivery letter to them pointing out that as the matter is in dispute I'd like the default removed immediately, failing which I will take further action against them to recover the costs to me which are directly resulting from the default.

Any info you could point me to regarding the 'in dispute' topic would be appreciated.

Thanks for your input

Sam

[illonavamp]

Pertinent document:

This is what they've sent me on two occasions now, as being the cca agreement in place.

Sorry took a while I finally found access to a scanner.

More docs follow once I take out personal info.

[NitrousOxide]

That is not an agreement.
Don't worry too much about the Judge pushing the dates back. By giving them extra time they have no excuse on the day you go to court.

[Edz11]

Could you scan it so that it's visible please. I'd like to make a couple of comments.

[mrmarmite]

Consumer credit act 1974


60 Form and content of agreements

(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),


62 Duty to supply copy of unexecuted agreement

(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.

(2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.

(3) A regulated agreement is not properly executed if the requirements of this section are not observed.


s.77(4) Consumer Credit Act 1974;
If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement; and
(b)if the default continues for one month he commits an offence.

s.78(6) Consumer Credit Act 1974;
(6)If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement; and(b)if the default continues for one month he commits an offence.

61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement,


60 Form and content of agreements
(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—
(a) the rights and duties conferred or imposed on him by the agreement,
(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),


s77/78 do not apply if CCA was sent AFTER court action was started

[mrmarmite]

2004 No. 1481
CONSUMER CREDIT
The Consumer Credit (Disclosure of Information) Regulations
sorry forgot this aswell if you REALLY wanna play, note (d(ii))

Manner of disclosure
4. The information and statements of protection and remedies required to be disclosed under
regulation 3 must be—
(a) easily legible and, where applicable, of a colour which is readily distinguishable from the
background medium upon which they are displayed;
(b) not interspersed with any other information or wording apart from subtotals of total
amounts and cross references to the terms of the agreement;
(c) of equal prominence except that headings may be afforded more prominence whether by
capital letters, underlining, larger or bold print or otherwise; and
(d) contained in a document which:
(i) is separate from the document embodying the relevant agreement (within the
meaning of regulation 3) and any other document referred to in the document
embodying that agreement;
(ii) is headed with the words “Pre-contract Information”;
(iii) does not contain any other information or wording apart from the heading referred to
in sub-paragraph (ii);
(iv) is on paper or on another durable medium which is available and accessible to the
debtor or hirer; and
(v) is of a nature that enables the debtor or hirer to remove it from the place where it is
disclosed to him.