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Neeta

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  1. General Form of Judgement or Order received. Upon not being satisfied that the notice of default was served upon the defendant it is ordered that the claim is dismissed. Thank you all once again.
  2. Thanks to all of you, I know I can be a worrier. Without the help and support of this site and the people involved I would still be paying them month on month beyond retirement no doubt so thank you so much.
  3. Just back from court. As this was my husbands debt I don't have chapter and verse on what happened but he returned to the car after an hour saying he had to go back in 45 mins for the decision but feeling like he'd lost. The focus was all on the DN, the claimant was trying every which way to explain that the formatting was lined up with the other documents and it was just a mistake that it had been printed on the wrong letter head etc etc and the judge said she had to determine the balance of probability of the DN having been sent and at that point sent them away to take time for her decision. I asked my hubby to try and remember all that was said. With regards the CCA she seemed dismissive and was on the side of, well you've been paying it. All of this made us think that we would ultimately lose. When he went back in she talked through how letters before and after the DN all had the Moorgate headed paper and yet this one didn't and therefore she was not going to uphold the claim. I expect we will get more information in writing at some point and I will share the information when it arrives but as I read it this is a success, they can't continue to pester us now ?
  4. Received notification yesterday that says - upon considering the file and the re-opening of the County Court for face to face hearings it is ordered that the small claim trial will be heard on 17th September. What additional information might I need to arm my husband with for him to argue his side in court? I'd like to give him as much information as possible so he is prepared. Thanks again for your continued help
  5. Totally confused now. Have I missed all the deadlines ? I did ask when I got it, as it said 14 days whether I should reply by 14th. Given the current circumstances am I left with no choice but to send the statement and have it determined via the paperwork only? If so I need to get it in the post. Please don’t think I’m taking this lightly, and I’m not making excuses but the same as many others the past months have been extremely stressful, my hubby has been taking care of his parents and I’m trying to manage multiple things including this while working full time and overtime. I read up on things when I have time but that’s a very limited amount of time.
  6. It definitely says what I put Andy, I posted it earlier in this thread but attaching it again here. sct 1.pdf
  7. I feel like such a t1t! I was just going to head out to the Post Office, checked the document sent by the court for the address to send to and then noticed that : the court considering that the case is appropriate to be determined on paper pursuant to CPR 27.10. Goes on to say - confirm that he/she agrees to the court determining the case on the papers file and served. The case shall be considered by the court on the papers without the attendance of the parties on a date time detailed. (17th July) Later... Unless both parties confirm agreement to the case being determined on the papers the claim will be removed from the list and adjourned to a later date. Should I send the statement but state that I (hubby) wish to attend in person? Or just send a letter at this stage saying I wish to attend in person? So sorry to be a pain I feel like a total tool now, I received the letter, saw the date and clearly got confused by the notes talking about choice to attend....
  8. Sorry - one last question before I go to the post office, do I need to copy and send all the associated documents since it went to small claims track? i.e. previous defences etc? The Claimant has included those in their pack but I'm not sure if I need to do the same? Or just stick with attaching the 1) first reply from claimant, 2)reply including application form, 3&4)fake default notice with the true copy from Moorgate as evidence?
  9. Thank you so much Andy. I'll get that printed and the copies done today and posted.
  10. Thanks Andy, apart from that do you think the rest is ok. Would you feel reasonably comfortable sending that as it is (without point 6) ? Couple of other things... They do have a point in that we had continued to (stupidly I get that) pay for years and could that go against us? Or is our argument that they can't prove there is an agreement between us and them our strongest point here? Also is the fact that there were 2 accounts with MBNA a fact we can use as a point of our confusion - ie How can they prove that this application form relates to one or the other when there are no account details? Just looking through the paperwork they have sent as part of their witness statement, there is a covering letter from MBNA to IDEM with the account number as reference in response to a request for the CCA under Section 78 of the Consumer Credit Act 1974. I guess this links the 'agreement' (application form) to that particular account. Although the point still remains that the application form has no reference numbers on it and the Conditions of Use are generic. Should I take out the references to 2 accounts (which were both with MBNA) or re-word ?
  11. Thanks, again I don’t have anything to verify this. The default was raised on the account when it was already on a payment plan so there was no charge at the time, they say they sent a default notice because I’d asked to reduce payments due to change in circumstances and they didn’t accept the lower amount because I didn’t send income and expenditure.
  12. Thank you for your response, however I'm a little confused. The agreement that IDEM have produced is an application form and as far as I'm aware the only thing that was ever signed. A copy of it is included earlier in this post number 5 and I was advised it wasn't an agreement. I don't have any early statements, this goes back to 1995 so can't compare. The address is the same on the application form. I'm not sure what you mean by are the default payments the same, could you expand please?
  13. Received the attached and now feel like I've cocked something up as they mention a couple of times things raised in the original defence but not followed up in the amended defence and then the fact that I didn't raise the point about the default notice being on the wrong letterhead until submitting the defence. I am an amateur, they're showing me as such and I'm worried now they'll just wipe the floor with me (well my husband since it's his account). It's causing me tremendous anxiety. However, I have been working on the witness statement and I appreciate the following may not be in the right order for a witness statement, I have read lots of different versions and picked elements out of different ones that I believe are appropriate to my circumstances. I would be grateful if one of you lovely people could help me get things in the right order and really be in a position to argue this case when the court date arrives. Interestingly, the defaults on my husbands credit file (the ones that started us asking questions about this debt) have been removed, the first one back in February and the one relating to this claim was removed this month. I'm unsure if this is some sort of crafty move by IDEM. Headers and footers as per guidance... 1. I make this Witness Statement in support of my defence in this claim. 2. In September 2018 I had reason to check my online credit records and noted two defaults on my account which I was unaware of. As guided by the credit report I contacted IDEM at the time and requested information regarding these defaults. 3. I did not agree with the reasons I was given for the defaults being on my account so I sought advice and as a result in January 2019 I sent IDEM Capital Securities Limited a Credit Card Agreement Request pursuant to Sections 77 – 79 of the Consumer Credit Act. 4. I received a letter dated 10th January returning my £1.00 postal order and stating I would receive a response within 12 days. Attachments xx 5. I received a further letter dated 23rd January from IDEM and their initial response stated that they were unable to find a CCA on either account but that they had contacted the original lender for copies. Attachments xx 6. At this point I ceased payments on both accounts. 7. I received a further letter dated 19th March from IDEM stating they had now found the CCA and enclosed a copy of an application form with generic terms and conditions that they state was for the amount and account on which this claim is based. Attachment xx 8. In relation to the other account they stated that they were unable to provide a copy of the CCA and therefore the claim was unenforceable. Attachment xx 9. I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income. 10. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 11. The application form and terms and conditions I received are attached. As per Section 61 (1) of the Consumer Credit Act (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, The application form does not contain a reference or account number and the terms and conditions are generic in format, contain no identifying references and may or may not apply to the account. 12. On or around 14/11/19, I received a claim form from the County Court Business Centre, Northampton, for the amount of £5700.36. The claimant contends that the claim is for the sum of £5700.36 in respect of monies owing under an alleged agreement with the account no. ******* pursuant to The Consumer Credit Act 1974 (CCA). 13. Contained within the claimants particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. In their various responses to the requests detailed above the claimant has produced what they describe ‘Copy’ of the default notice. they provided a version of a default notice on IDEM letter headed paper and stamped ‘COPY’ their argument that this was an administration error and accidentally printed on IDEM headed paper does not hold weight where additional documents originally sent by Moorgate were sent on Moorgate headed paper. I argue that this is not in fact a COPY of an original default notice, that they state was issued during May 2014, but that this is a fabricated version of a default notice created by IDEM. Either way the default notice was not issued by the original creditor (MBNA) 14. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. 15. The Claimants pleaded case is that the Defendant entered into an agreement with MBNA. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with MBNA in the past however one account was admitted as being unenforceable via the claimant that was for a much lower amount and yet it is the higher amount they produce an application form for. 16. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon. 17. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. 18. Therefore, for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far gracious and forthright for the claimant to admit that they do not have possession of any valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. 19. Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. IDEM_WS.pdf
  14. Update : Received the notification from court of allocation to small claims track, dated 1st June. Court date 17th July. By 4pm within 14 days of 1st June we need to : file and server any evidence by way of documents and/or statements additional to that which has already been filed and served and which it wishes the court to take into account. So, by 14th June I presume we need to write the witness statement I have seen referred to in other posts? I will get onto that now if I'm correct in my assumption and post it here for advice.
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