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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Rbos Just-no Cca But Still Defaulting


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CCA'd RBOS after various correspondence including one's where they lied to have sent me an application, finally confirmed

 

UNFORTUNATELY CARD SERVICES HAVE NOT BEEN ABLE TO LOCATE THE AGREEMENT FORM RELATING TO THE RBS GOLD ACCOUNT, BUT SINCE YOU HAVE BEEN PAYING THIS YOU ARE LIABLE FOR THE OUTSTANDING.

 

Even though they do not have an agreement they sent me a default notice.

 

Any advise much appreciated

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Hi HB,

 

in a word, they are talking c**p

 

If they cannot supply the CCA (itself containing all prescribed terms) together with any document referred to in it (such as T and C's) then they cannot legally enforce it

 

For WAY more info, see:

 

Consumer Credit Agreements

 

 

Hope this helps

 

:cool:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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ncf355

Thanks for your comments.

 

I have been following the thread you mentioned.

 

I am aware that they are unable to pursue an account where they have already confirmed they do not have an agreement. In fact the same person I had the above letter from wrote to a fellow cagger and told him that they will discharge the balance

http://www.consumeractiongroup.co.uk/forum/natwest-bank/87870-natwest-breach-cca-1974-a.html#post900028

 

but for some reason not for my account.

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I have no default against my name, just wondering whether they will actually register a default if I didn't adhere to the notice. Normally default notices mention that it will be reported to a CRA if not paid, but the one they sent me has no such mention.

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summer24

If they have confirmed they do not have the CCA, then they should not be chasing yoy for payment. But as we all know that the credit industry gives m.....ys about the law.

 

..

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Whilst I've never been sent one, so don't know from experience, I was always under the impression that the point at which they send you a letter of default is the point at which they serve the default, is that not right?

 

Anyways, as pointed out previously, no CCA no liability. Kind of contradicting themselves really bless.

 

You don't have to honour anything and I would have thought that if they continue to serve the notice despite the fact that they have admitted to not holding your CCA then I'm sure many authorities would be more than pleased to hear from you (certainly the Financial Ombudsman).

 

I would get a response off them to stick their debt as you don't owe them a penny under the rules mentioned in the quoted link.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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the point at which they send you a letter of default is the point at which they serve the default, is that not right?

 

No the CCA is very clear. You need to be served with a default notice. The notice needs to be in the precsribed manner and give the debtor the opportunity to resolve the default. If the default is resolved then no default should be entered on your credit file. If the default notice is not served or does not contain all the correct terms as laid down in the 1983 regs then it is legally invalid.

 

If they have no CA then you need to look for closure on the account. Not having a copy of the agreement wil not initially prevent them from placing a default on your credit record.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks for clearing that up Rory ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Have a read here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/93884-wescot-rbofs-oh-dear-2.html post#32 onwards. The section 10 notice is required before you can push for the default to be removed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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