Hello

I was working away for two weeks,

when i returned there was a claim by IND for HSBC for a credit card debt which had no valid CCA.

The from they sent me was a application form and the various letters advised on here were sent to them and other DCA on numerous occasions.

The letter from Northampton asking me for my response was delivered and replied to within 1 day of the 14 day timeline,

I informed them I would be sending my defence within the 28 DAYS of the issue.

I have received the Judgement this morning what should be my next course of action?

Thank you

Hi, so you're saying that you filed your Acknowledgement of Service a day late?

You'll need to apply to set the judgment aside I'm afraid.

Hi

I returned the form on the 13th day I beleive you are allowed 14, but in essence they have obtained a court judgement in their favour how do youapply to have it set aside?

Thanks

Hi

Ive learned from the site I need to forward a form N244 to set aside, my options are to contact IND and ask for their approval or to just send direct to the court.

I would imagine IND wont agree so it looks like the sewcond option is theior anyone whom can help me with my defence??

Please

Thank you

What was the date of issue on the Claim Form please?

What date did you post the acknowledgement of service?

The issue date was the 13th of August I replied on the 31st and the judgement was the 5th

So if my maths is right you should have had your Acknowledgement of Service at the Court by Monday 1st September.

You posted it on Sunday 31st August so it would have arrived a day late on 2nd September.

Does that sound right?

Thats correct and the judgement is dated the 5th, i thought it was the acknowledgement that I intended to send in my defence within the 28 days after receiving advice from on here. Instead it was the judgement with no acknowledgement being received as yet

Is there a valid reason why you didn't post your Acknowledgement of Service on the Friday or Saturday?

Yes I wasnt here, I was working away

That'll have to form part of your reasons to set aside.

So you got home on the Sunday? And you have no access to a scanner to email it or a fax machine?

I could have emailed it however it stated on the form that the acknowledgement period of 14 days also included was 5 days from the date of the form taking me to the 18th. I miscalculated and missed it by 24 hours.

I have printed N244 but what is the wording I should use to from my defence do we have a guide on here...

Well the other element of your set aside is that you'd have reasonable prospects of defending the claim.

So what would Defence have been based on?

Have you searched around the forum for similar Defences to yours?

I have access to an email, but I misclaculated the 5 extra days onto the original date. I thought I had another 24 hours.

Do you have a example of a defence for an invalid CCA? I appreciate their will be some on here if I search but Im not that computer literate and I have difficulty looking on the site

I don't no, sorry.

There are dozens of examples around. You'll find one easily.

My defence will be based on my numerous requests for a valid Consumer credit agreement that has not been supplied

by the original creditor or any of the numerous DCA whom bought the account subsequently.

Obviously there are many ways of terming what this actually means to the court

but refering to an excerpt from the original case (rankin) would this be okay:

The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner.

Can any of the site team help with my defence as i cant afford to get this wrong

You need to deal with the set aside application first.

Hello

I missed the deadline to return my acknowledgement by a day, in a 17 day period the claimant IND made a claim and received a judgement.I will now have to send an N244 to have the judgement set aside along with a defence. Some history of the case..

original crdit card debt with HBOS which had an invalid CCA. Asked them and other DCAs for a CCA on numerous occasions and was sent an application form.

Ind purchased the debt recently and whilst working away they submitted a form to Northampton county court to which I replied informing them of my intention to send in my defence within 28 days. Whilst waiting for acknowledgement a judgement came through. On reflection I miscalculated the days and missed it by 24 hours.

Could anyone help with my defence as numbered below I leave to work away again on Thursday.

1) Can you email a N244 request to the court

2) Is their a template for a defence applicable to the above

3) Can I ask someone to represent me and if so anyone any suggestions on whom

Id appreciate any help

Thats what I was referring to dont you have to send a defence in with the set aside?

You should stick to one thread

I'm sure a Mod will merge shortly.

You cannot email your application as you need to also pay a £155.00 Court fee. You also cannot have someone attend without you there unless you hire a solicitor.

Threads merged ...please do not start threads on the same claim.

Andy

Sorry Andy/Ganymede

I got a bit ahead of myself as I only have 48 hours to get my form back or I will lose another 14 days.

I do not understand do I need to submit my defence with form N244?

Can you answer the following...

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

Also can you type up the Particulars of Claim as per the Claim Form (less any identifiable details).

NAME OF CLAIMANT:

IND LTD

DATE OF ISSUE;

13/08/2014

PARTICULARS OF CLAIM:

THE CLAIMANT IS AN ASSIGNEE OF A DEBT IN REALATION TO A/VARIOUS CREDIT AGREEMENT BY THE CONSUMER CREDIT ACT 1974 ENTERED BETWEEN BANK OF SCOTLAND AND THE DEFENDANT. NOTICE OF ASSISNMENT WAS PROVIDED TO THE DEFENDANT BY THE CLAIMANT IN WRITING. DESPITE DEMAND FOR PAYMENT THE DEBT REMAINS DUE. THE CLAIMANT COMPLIED WITH SECTION 11 AND IV AND ANNEX B OF THE PD PRE-ACTION CONDUCT. AND THE CLAIMANT CLAIMS CREDIT CARD ACCOUNT NUMER XXXX XXXX XXXX XXXX BALANCE OF £XXXX as of 12/03/2009 interewst under s69 of the county court act 1984 at the rate of 8% per year from 12/03/2009nto13/08/2014 of £x and also interest at the same rate up to the date of judgement or earlier apyment at a daily rate of 1.05 and costs.

VALUE: £4xxx

COURT FEE: £185

TOTAL CLAIM £5xxx

CLAIM FOR CREDIT CARD FROM BEFORE 2007 WITH NO ENFORCEABLE CCA

ORIGINAL DEBT BY BANK OF SCOTLAND PURCHASED BY SEVERAL dca BUT LASTLY ind

no notice of default sums

I DID RECEIVE A NOTICE OF ASSIGMENT (LETTER FORWARDED TO IND LETTER AT BOTTOM OF POST).

DISPUTE WITH ORIGINAL CREDITOR WAS NO CCA WAS FORTHCOMING.

Mr xxxx

30th JAN 2014

I refer to your letter dated JAN 2014. Ref: xxxxxx

BOS ACCOUNT

We have on file several requests tothe Original Creditor for a compliant CCA and in response the Bank of Scotland sent a mere application form. Over a substantial period BOS were repeatedly contacted to resolve the situation which theychose to ignore. Therefore this letter is a formal request pursuant to s.77/78of the Consumer Credit Act 1974. I require you (IND) to provide me with a truecopy of the credit agreement relating to the above account, together with anyother documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, not forward anapplication form which does not fulfil my request and you are reminded thatshould you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 appliesin the case of a simple assignment, and places a duty upon you to pass thisrequest to the creditor. In the case of an absolute assignment, you are acreditor as defined by s.189. If you contend that you purchased the rights butnot the duties of any agreement, you are reminded that s.189 of the Act isclear that an assignment is of both rights and duties.

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

We also believe this matter to be statute barred and request proof of anypayment made to this account within the last six years stating clearly when andhow this payment was made .

If you are unable to comply fully and properly with this request, you shouldconfirm this in writing at the earliest opportunity, and certainly within thestatutory time limit for compliance.

We look forward to hearing from you.

Yours faithfully