when did you sign the agreement 2005?

They are saying 2010 early

ah yes that was fletch from 2005

what date did you file your defence and what was it please?

Claim and defence Aug 2016 but I had not received their micro agreement by then and so defence may need changing

MY DEFENCE:

A. The Claimant contends that:-

I. The claim is for the sum of £XXXXX.XX in respect of monies owed under an agreement .

ii. The alleged debt was assigned. iii. Interest at 8%. iv. Future interest. v. Costs.

B. The Defendant rebuts all the above in that:

I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

II. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

III. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was

charged against each item listed, leading to the Alleged Debt of £XXXXX.XX

IV. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999.

Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness

(i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

V. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

VI. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:

a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant, a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.

d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant.

e)Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the

Agreement. (as referenced in Section 1 of the Particulars of Claim).

VII. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VIII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the

Strictest of Proof.

IX. Also, in my defence, I am not a Solicitor and after having read the Particulars of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought.

Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?

I. I have repeatedly asked for the Legal Documents pertaining to the Alleged Debt.

ii. The Claimant has failed to provide the Documentation asked for.

iii. The agreement is therefore unenforceable and as such, not have been made.

iv. I respectfully request the Claimant's claim be Struck Out due to their lack of evidence, and also Struck Out with prejudice as the agreement is unenforceable due to a lack of an agreement.

shame you roamed off into freemen of the land twaddle

you were doing quite well there till that part

though a bit repetitive and mentions lots of things that are in truth totally unnecessary to bring up at that stage.

but the claim is stayed

so until they pay and lift the stay.

and the court write with a N180 you sit on your hands.

its worthy to note

they've returned the £1 CCa fee

so might think they aren't legally bound to comply now

and spoof you with another bit more stuff and try and offer a tomlin.

IMHO that CCA return even though small and blurred is enforceable as its a 2010 sign up

so all they'd need is a recon of that sheet with your details in it

sit tight

Ok I cobbled this together but I thought I got most of the defence off this forum. There was another site I visited but where is the freeman twaddle bit?

b) As claimant has stated the debt was ‘assigned to the claimant, a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

cant see much of rest of it that exists on cag I bet well not from the last 5yrs of threads

never mind its done .

Ok I cobbled this together but I thought I got most of the defence off this forum. There was another site I visited but where is the freeman twaddle bit?

The freezing twaddle was the tripartite Deed of novation.

You have made some good points

They will have to prove a compliance Dnwas sent

They will have to prove the NOA

I do not quite understand all the same in arrears but i think your comments are valid.

The agreement does look ok but on my phone

Watch out for Pra though, they can be a bit naughty or so i hear, like many a debt puchasers.

Whats a Dnwas? and NOA?

I have a small complaint about posting on the forum : When I try to reply to a post it takes me to the login page. When I put in my details it thanks me for logging in and then goes back to the message from CAG page saying :

"You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:

1. You are not logged in. Fill in the form at the bottom of this page and try again.
   
2. You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
   
3. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
   

The administrator may have required you to register before you can view this page.

Log in"

I have to do this several times and sometimes have to log out completely to get to reply.

Whinge over!

Also, why don't my posts go up when I post "quick Reply". I ended up duplicating a former post because I entered it again. I cant see my whinge post a few minutes ago.

If you can't see what you just posted, try hitting the Refresh button on your browser. That works for me.

HB

about time you flush/reset your internet browser I expect

now

Notice of Assignment

Default notice

both are fatal to a claim if you've put the claimant to strict proof they exist and they don't supply.

I dont see how the agreement can be ok when they quote 2 different APR's - one on the application and another one in the seperate terms

As for the dnwas and noa they havent proved they sent them to me

as well but that's IF it progresses

the claim is stayed

so until they pay and lift the stay.

and the court write with a N180 you sit on your hands.

and go enjoy your life

ok, theres been contact.

They have sent me a letter for me to consider an affordable monthly payment plan within 14 days. They have sent an enclosed financial statement for me to complete.

The problem I have with this is that in 2014 they offered me a 50% discount,

and also, in this claim, they have the full amount and added interest at 8% each year.

The interest is unfair because in 2014 I asked them for a copy of the agreement and they were not able to supply until the end of last year, so they should not be adding interest until they had a claim.

When they started the claim they did not have a copy of the agreement and when I asked after I was served they said they would have to ask the original creditor. That is why the delays.

So I cannot really agree a payment plan on their claim figure.

Also by doing so I am acknowledging the debt.

its a begging letter, you ignore it.

give us something before we have to discontinue.

dx

ok, also they have large balance transfers at inception of the cards (totalling the claim amount in fact) that I haven't got a clue about.

They have sent Default notice, assignment, and the agreement as already posted, but no proof of postage to me

the claim is stayed is it not?

and you have not received your/a notice of allocation [N180] from the court?

Correct. N180 not received.

Odd thing is that they did say in the letter that it was sent with the court directions, and if not replied within 14 days would continue according to the court directions. Thi g is I haven't received any court directions. Last time I called in jan was it was stayed.

Should I call again for an update or would that be stirring it up?

no harm in ringing and checking they have not paid the fee to lift the stay

but a severely doubt it

all you've got is a load of willy waving paperwork to panic you into doing something stupid..

the debt I bet is stayed and is going nowhere.

the letters are ALWAYS a clever play on words

and until you LEARN to read DCA letters PROPERLY

you'll never actually understand what they ARE and ARE NOT saying.

its says 'the letter was sent with the courts directions'

what they mean by that is that they would send you their N180 , and have, IF the court directed them too'

the court hasn't, they've simply sent it to frighten you.

SIT ON YOUR HAND

once the court confirms the allocation fee HAS NOT been paid

dx

willy waving - had me in hysterics

Will post after speaking with the court

phoned court - nothing happening. No N180 sent and no fees paid.

Still stayed.

What would hold them back?

probably they know the paperwork is bogroll.

and or don't hold all the required letters to enforce the debt in court

go enjoy your life....

dx

Thanks,

Shall I ask PRA what the opening balance transfers were all about, because I haven't a clue. Surely if they cannot tell me then they cannot claim for those anyway?

they aren't claiming anything

its all speculative!

ignore it

SWITCH OFF YOUR HEAD.