Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    That's how it was sent – they have mentioned in their witness statement that because they are unable to access the DN, they have 'mocked' up what they think would have been sent at the time. Hence the xxx for dates.

    I have blanked it out, but the account ref number on this DN too was also completely incorrect.


  2. #62
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    ah the old template DN
    no good in court.

    seems to be their latest tactic
    several legal threads mention template DN's

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  3. #63
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Here is my WS any comments would be gratefully received

    XXXXXXXX

    1. I am the defendant in the claim.

    2. In response to the Claimant's Witness Statement:

    On xx I requested relevant information from the Claimant under CPR rules on 26th October 2016, in particular, to get proof of a Default Notice and full disclosure on which the claimants claim relies upon (pages xx-xx-).

    To date, I have not received the requested Default Notice, or evidence that a Default Notice was served.

    3. In the Claimants Witness Statement (para 14-20, para 52, para 69), the Claimant states they have been unable to provide proof of a Default Notice or that one was ever sent, only speculating the date when one might have been served (para 14). The Claimant believes that the non-production of the Default Notice is not fatal to its case (para 70.)

    Under section 87(1) of The consumer crediticon Act 1974 the Claimant must serve a default notice before they can demand payment under a regulated Credit Agreement. Failure to serve a default notice is an unlawful rescission of contract, which would not only prevent the Court enforcing any alleged debt, but also allow a claim for damages.

    The claimant has not provided the Default Notice necessary to maintain this action against me and thereof this action must fail as it represents a denial of the consumer rights given to me under s.87 of the act.

    The claimant refers to termination of the agreement (para 19) yet makes only a vague reference to when a valid Default Notice might have been served (para 14) and are providing a reconstituted copy of this that they have created from a template (para16). There are no dates on this reconstituted Default Notice and the credit agreement number on this reconsitituted Default Notice bears no relation to the credit agreement number for which the Claimant is referring to in their claim.

    The claimant is also unable to provide evidence or disclose any paper trail that a vaild default notice was ever served. It can only be adduced that the Originating Creditor never served said Notice on which is pivotal to the Claimant claim.

    I the defendant will rely and refer to Woodchester v Swayne [1998] which demonstrates the importance of serving an effective default notice before taking 'the next step'. If financial institutions persist in treating the service of (and the evidence of the service of) default notices with contempt for debtors which in effect is allowing the creditor to overcome the protection afforded the consumer by sections 87 and 88 would be tantamount to permitting the creditor to circumvent the primary intention of the Act.

    The claim should be dismissed as the claimant cannot prove a valid Default Notice was ever served.


  4. #64
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Hope you're all enjoying the sunshine!

    Is there anything else I need to do prior to my hearing. Am I able to take someone with me?


  5. #65
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Yes you can take someone along with you...but they cant speak for you.


    Andy

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  6. #66
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Thank you...and are they likely to bring along anything to the hearing that wasn't disclosed in their WS? If they have stated they aren't able to obtain a copy of the DN, will this still be the situation at the hearing?


  7. #67
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    They cant

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  8. #68
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    So my hearing is this week. Wish i could take a couple of you along with me in my handbag

    Joking aside, I have a couple of questions about my defence:

    1. Considering they have provided an agreement and note of assignment, and only a reconstituted default notice, how are they likely to argue against the need for an original DN. Considering the outcome of this thread.... https://www.consumeractiongroup.co.u...uld-I-do/page5
    2. Should I lose, what costs would I be looking at?

    Thank you as always.


  9. #69
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Well there is no argument for a need for an original default notice..but they must be able to prove that one was issued to allow them to proceed to enforce the agreement.

    Most of the costs are already listed on your claim formicon..there may be additional costs of their legal representation at the hearing...assuming they show up.

    We could do with some help from you

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  10. #70
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Hi Jess

    When is your hearing - I wish you the best of luck!!
    Watching very closely.


  11. #71
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Quote Originally Posted by fkofilee View Post
    Hi Jess

    When is your hearing - I wish you the best of luck!!
    Watching very closely.
    Tomorrow! Any advice for me?


  12. #72
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Quote Originally Posted by Jess85 View Post
    Tomorrow! Any advice for me?
    Keep calm

    Let the judge drive proceedings and answer if he asks a question
    If the Advocate asks to discuss with your before advise no... Simply leave it to the judge and dont let them get in your head


  13. #73
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Unless hes offering 50% discount and a payment plan vis a Tomlin Order

    Avoids the costs and a possible CCJ

    We could do with some help from you

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  14. #74
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Andy – Then you'd advise taking that?


  15. #75
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Quote Originally Posted by Jess85 View Post
    Andy – Then you'd advise taking that?
    Well your relying on the DJ going with your Default Notice argument...some do some dont...even though you are legally entitled to make that argument and your defence is valid on that point.

    If he does not and just wants you in and out of the court you get a CCJ for the full amount......if their Counsel make an offer you have saved half the debt and avoided a CCJ ?

    We could do with some help from you

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  16. #76
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Ok, yes thanks.

    "Some do, some don't." Cripes.


  17. #77
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    You are reliant on the Judge Lottery...and with this beautiful weather he/she may be itching to get on the golf course

    We could do with some help from you

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  18. #78
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    I think you need to move this thread ))))


  19. #79
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    Why? Did you win?


  20. #80
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    Default Re: PRAC/BW Claimform - old Payday UK PDL

    yeeesss!!!



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