Ok I’m going to add the above as I need to send it today

Received their WS; they have not produced a default notice.

The hearing is on the 20th April; they’ve given notice they are not attending.

should be a hands down win then.

Upload a copy of their WS and disclosures...redact any identifiable data first.

Just subbing Finargh as I would like to see what they come up with as you know on my thread the judge was crock. They produced no default notice and yet court decides that its enough.

I will upload when I can get access to a scanner in the next few days - they've included the original agreement which I uploaded previously, their solicitor letters, the notice of assignment which I uploaded the other day which CAG thinks is invalid, plus some financial info.

The witness statement says the difference in value, the reduction, of the PoC amount and the NoA amount is due to a reduction after 'consoltation with the FSA', without further explanation or evidence of that but the loan financial info they've included gives an even higher figure which they don't explain, and they haven't provided a full statement of accoiunt which shows how everything has been worked out over time.

So at the moment I shall be saying that: they haven't provided or even mentioned a default notice, which I did not receive, so they are in breach of the CCA; they have produced a disticntly dodgy and invalid NoA so cannot show that they have a rigjht to make a claim on that basis; they haven't provided a full and proper statement of account to show how they're calculating the claim and are also therefore still in default of my CCA request and their financial evidence is inconsistent.

I've had a look at the LPA 1925 but can't see where it stipulates that a valid NoA must have full adress and original account number etc which I assume I may need to show to prove my argument about the invalid NoA?

Correct section 136 of the Act does not state the prescribed terms of a Valid NoA and is silent.Its simply an accepted requirement ...common sense requirement that for the Notice to be good it must at least contain the full name and address of the assignee and the original agreement number.

Failure to contain the above could render the assignment as only Equitable rather than Legal

thank you for the explanation Andy

I’ll have access to a scanner tomorrow but the argument I’ll be making, in reference to my WS, for this payday loan (online running credit agreement) is:

They haven’t supplied everything I requested, namely:

a default notice which I contend was never sent which means as per s87 CCA no payment can be demanded/no termination may occur

a full and detailed statement of account as per CCA request, just a ‘loan statement’ the value of which doesn’t concur with the claim form or the NOA, which means they’re still in breach (they say they reduced the amount due to an arrangement with the FCA, but do not explain this or provide any evidence)

Furthermore the NOA date doesn’t match the NOA date in POC (by two days - a mistake?), the date format doesn’t match other letters, it has no company information or signature ie it could have been created the day before it was sent to me, and fatally it doesn’t include an original account number or their full address so either way it is invalid which means they have no assignment thus no claim

In terms of the relevant acts to rely on I just need s78 for the default notice, s77 for the CCA request and s136 LPA for NOA unless I’ve missed anything?

Default Notice is sec87 and 88.

Fixed credit sec77

Running credit is sec78

Ok thanks Andy

Waiting at court for case to begin

As previously mentioned the claimant notified that they weren’t coming but the receptionist had just told me that the case will be dealt with as if there are both parties present because they’ve submitted what they will argue point by point - I assume I didn’t need to be notified of their argument because I only received the witness statement?

The witness statement is there argument and what they will rely on in their absence

Ah nevermind I won

great news, could you expand on how you won please

The judge was nice and welcoming

He said he’d seen my correspondence to the claimant asking for documents / notices and that they’d sent a contract etc back - ‘so what is your defence?’

I said they had legal responsibilities as the original claimant would have done under the CCA and they had not fully complied;

That I had never received a default notice and they had not sent one as per my request (he said he had noticed there was no default) and that they hadn’t even mentioned a DN in their WS so the agreement hadn’t been properly terminated;

The notice of assignment was defective because no original account number or address; they’d got the NOA date wrong (by two days) on the POC;

They hadn’t given a proper breakdown of statement of account as I asked so the figures were inconsistent (there’d been a writedown as per FCA & their WS said no payments had been made but the loan statement said a payment had been made for the first month.

He literally just let me talk and talk haha

At the end he said what did I want him to do about it, I said ‘dismiss the case’ and he said ‘case dismissed’

sounds like you got a good judge

again well done and congrats

Thanks!

Well done cag

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Awesome news, have a great weekend well done!

Perhaps they had better get their hand in their pocket, pay for counsel and start attending a few claims instead of issuing claims on the cheap.

Well done Finargh thread title amended.

Regards

Andy

Well done to you and DX more like

Got the judgment through the post today; was gratified to see the judge has acceptedall three of my arguments:

'...and upon the court not being satisfied that a default noice had been served, a valid notice of assignment served (they provided one in the bundle but it was defective) on the defendant and the various figures provided by the claimant being mutually inconsistent and inadequately explained'

Strange they dont normally state their reasons on a General Order

Strange they dont normally state their reasons on a General Order

Might the learned judge have thought "Since the claimant hasn't attended I'll put my reasons in the General Order of Judgement"?

Or, perhaps, thought, "They haven't bothered to show up, so I'll give them a good caning for their discourtesy!:

OP, did you apply for your costs in preparing your defence and attending court?