Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Im not being funny here, but did you receive the gift vouchers for M & S?
Its only an application form, so wheres the executed agreement?
They will have done what is supposed to have been done via your CCA, so the next question is, have you sent an SAR to see what theyve added on in charges? also when sending the SAR make sure you ask for everything including the Executed legible agreement, NOT just the application form.
woohoo - watch out for this lot! We are off for trial on 9 April. Your docs looks identical to ours and they admit in their WS they cannot supply the original app/agreement form, have sent an identical blank template letter and there are about £700 in charges. Once they have tackled the original stages of the claim, they will pass to SCM, in house solicitors for the Lloyds group, who BOS are now part of Was going to get sols to act for us, but tooo expensive if we lose or win. Hoping they discontinue at the last mo, but doubt it.
Think I am in a simular boat as well. Halifax took me to Northampton court before xmas I defended and then it went quiet.
I believe this is currently stayed as Halifax didn't fill out their aq's but I have now receaved a 'change of solicitor' form placing this in SCM's hands who are now threatening to apply for summary judgement if I don't answer their clients letter.
Will start my own thread but watch this one with interest.
Im not being funny here, but did you receive the gift vouchers for M & S?
Its only an application form, so wheres the executed agreement?
They will have done what is supposed to have been done via your CCA, so the next question is, have you sent an SAR to see what theyve added on in charges? also when sending the SAR make sure you ask for everything including the Executed legible agreement, NOT just the application form.
Hi Bazaar,
Thanks for responding!
Lol- I think I did get the vouchers!
Haven't done a SAR but intend to and will put that bit in you mentioned about the agreement!
There are definitely several hundred pounds worth of charges included in balance.
I've acknowledged service and will get SAR and CPR 31.14 letter off tomorrow!
If you can think of any thing else I should be doing please let me know!
If your sig is on page one of that, i think you are on thin ice arguing its not enforceable
You could do as your sig should be on the same page as the prescribed terms
Just be prepared to come to an agreement should they offer it, as you say there are charges/interset to knock off
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
If your sig is on page one of that, i think you are on thin ice arguing its not enforceable
You could do as your sig should be on the same page as the prescribed terms
Just be prepared to come to an agreement should they offer it, as you say there are charges/interset to knock off
Hi Creditcardmug,thanks for looking in!
Would they still have to provide the Original Application form in Court or not?
Also,I was under impression that any agreement would need correct header as in Credit Card Agreement?
Yes you can force them to produce the original docs at the hearing.
The DN should give you 14 days to remedy, remember it would have taken time to get to you, so you haven't been given sufficient time, you can put them to strict proof they sent it.
It should say credit card agreement, these are all things which are arguable.
Thing is, you have to think of the judge lottery as well, thats all im saying
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
I submitted an embarrassed defence as BOS failed to respond to my CPR request on time.
They have now responded with everything apart from the DN-they sent a blank template(a copy of the style of DN) as Default Notices are not retained by the bank.
They also go onto say that it was posted 1st Class and therefore no proof of postage will be available to the Bank
I have the original DN however, which clearly does not give enough time to remedy so should I be amending my defence or doing something else?
As I understand the Northampton process once you submit your defence it is then upto the other side if they wish to pay the fee and take this to the aq stage where it will be allocated to your local court.
All you can do at this stage is shout loud and proud that they defaulted this agreement without allowing you sufficient time to remedy. I do not believe you can send an amended defence to Northampton but if anyone knows otherwise please state so.
Bank of Scotland Court Claim
,
Reply With Quote
Was going to get sols to act for us, but tooo expensive if we lose or win. Hoping they discontinue at the last mo, but doubt it.
Originally Posted by bazaar
