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wobbles1914

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Posts posted by wobbles1914

  1. Hi,

     

    I have received a statutory demand for a debt (personal loan) that was agreed and approved over the telephone. I have something in the back of my mind that there is an additional prescribed term that should be on the credit agreement in this circumstance. Am I imagining it?

     

    Secondly, if I have received a credit agreement but not T&C for a CCA request made, will the court see the CCA as with complied with or not complied with by the creditor? Hope this makes sense?

     

    Thx

    Wobbles

  2. Hi,

     

    I have received a statutory demand for a debt (personal loan) that was agreed and approved over the telephone. I have something in the back of my mind that there is an additional prescribed term that should be on the credit agreement in this circumstance. Am I imagining it?

     

    Secondly, if I have received a credit agreement but not T&C for a CCA request made, will the court see the CCA as with complied with or not complied with by the creditor? Hope this makes sense?

     

    Thx

    Wobbles

  3. I agree. People have been fooled by DCA's like this in the past. they then go for a default judgement.

     

    Yeah, I can imagine them trying this little trick...

     

    The plan was to fax the letter to the court and get confirmation that the dates are changed BEFORE I decide not to file a defence.

     

    However, you are both right in that I am struggling to see what the advantage is to me in delaying things...unless the text of my defence is incomplete and a shambles by Monday morning!

     

    Wobbles

  4. Is there anything in CPR that says the Claimant can extend the Defence deadline? Not that I've come across yet.

     

    I'd be worried about this as it looks like a ruse to dupe you in to giving them Judgment by Default!

     

    What exactly are you waiting on under your CPR request for more info to construct your Defence anyway? Surely you Defend on the basis of the Claim now, with a caveat inserted to say you reserve the right to alter your Defence if new information is presented at a later date.

     

    Car, the main thing that I wanted was a clear statement that they either had an agreement or not as this is key to my defence.

  5. UPDATE ON DEFENCE DEADLINE

     

    I rang claimants solicitor recently to say that I was disappointed that their client (DCA) had not responded to the CPR 4.6 requests that I had made, leaving me in a position where I cannot clearly formulate my defence with all the facts.

    The sol called me back and said that the client needed more time to obtain paperwork requested and would extend my defence deadline accordingly.

     

    I smelled a rat at this point, because I wasn't gullible enough to accept this verbally and then find that the day after the original deadline, the DCA had gone ahead and filed a judgement. So I said that I wanted this extension confirmed in writing so that I could send a copy to the court.

     

    I have received this in post.

     

    UPSIDE

     

    I have more time to prepare defence with more facts i.e. is there a valid agreement?

     

    DOWNSIDE

     

    They have more time to look for agreement. (This is the same OC & DCA that defaulted on CCA request six months ago).

     

    Wobbles

  6.  

    5. Stat or CI interest? If CI, is there a s/sheet that I can use for credit cards. The one I have found on this site seems to be corrupted.

     

    In terms of the counterclaim, only charge CI if they actually claimed the money… otherwise, it is stat.

    ..

     

    Firstly Tom, thanks a lot for your input and advice. Can you clear the above point up for me so that I understand what you mean.

     

    The OC has charged me for example £25.00 and henceforth added this to the sum that is charged the contractual APR for the CC. Therefore can I claim for £25.00 x days x BIG% APR that I have paid sice the charge date?

     

    Also does anyone know of a stable s/sheet that calculates CI?

     

    Cheers

     

    Wobbles

  7. Hi all,

     

    I have been quite for a while as I have been waiting to see if BC would keep their promise to send the microfiche info that was o/standing. Well it arrived and I have been through it and between 2001 and 2004 there are only a handful of charges. Of course, I will add it to the s/sheet but it leaves the charges at about 50-60% of the alleged debt at the time of the alleged default.

     

    I have to post my defence by 4pm on Monday so I need to look at this in detail and have it complete by Sunday night latest.

     

    The key points of the defence are these:

     

    1. CCA request made on DCA & OC back in March has not been compiled with. DCA responded by saying that they did not have it and would send account back to OC. OC has not even acknowledged the letter.

     

    2. The charges make up 50% of the claim so I would like to count-claim for this amount.

     

    3. Following tomterm8 reasoning this then means that the default notice was incorrect as the amount is in question.

     

    4. Default removal?

     

    5. Stat or CI interest? If CI, is there a s/sheet that I can use for credit cards. The one I have found on this site seems to be corrupted.

     

    6. I acknowledged via MCOL - Is it possible to compile a largish defence and counterclaim on MCOL or do I need to file via hardcopy directly to court?

     

    Are there some templete defences that I can be pointed to so that I can compiled one AND COUNTERCLAIM over the weekend?

     

     

     

    If someone is able to help, don't feel that you need to answer all of the questions. Just responded on those that you have the most confidence on.

     

    I have some additional updates on this case, but I would like to deal with just a few points at a time so I don't get too confused!

     

    Tomterm8 - Could you provide so assistance?

     

    Much appreciated.

  8. Kashie,

     

    I glad to hear that you appear to be nearing the end of the road on this one. Just one question if you don't mind...

     

    I can't see what happened between 29th Aug & 15th October. Did you file a N244 for the stay to lifted? Was it successful or did the claim remain "stayed"?

     

    Thanks

     

    Wobbles

  9. Yeah, I'm calling the MCOL Helpdesk this morning so I'll let you know...

     

    I have found out that the counterclaim forms part of the defence. If the defendant is free to decide to counterclaim if it forms part of his defence. However, if the defendant wishes to counterclaim AFTER he has already filed his defence then he must apply to the court for permission.

     

    This is covered by Rule 20.4 (2).

     

    20.4 (1)A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

    (2)A defendant may make a counterclaim against a claimant –

    (a)without the court's permission if he files it with his defence; or

    (b)at any other time with the court's permission.

     

    (Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

    (3)Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

     

     

    Wobbles

  10. I have just found out from the solicitors that although the claim shows BC as the claimant, the solicitors client is none other than a DCA! They confirmed that the CPR was not sent to the OC but to the DCA (their client)

     

    The very same DCA that received a CCA letter from me back in the spring. They couldn't produce anything so sent me a letter saying that the account was being handed back to the OC.

     

    Now I find out that the OC has passed it on to them again. I have been receiving lots of phone calls from them (DCA) over the last couple of months which I have ignored because they have not provided a CCA and the account is in dispute.

     

    I cannot see the DCA turning around my CPR requirements within the allotted time - but we shall see.

     

    Does anyone think I should do anything else in the meantime?

     

    Wobbles

  11. Have you kept a transmission report with date/time stamp? If not, send it again tomorrow and select one from the report menu on your fax - receipt is nothing without proof of receipt!

     

    Yep - I have the transmission report.

    BTW car2403 - Can you let me know if you find anything more about how /when to counterclaim. I noted from your thread that there is still some uncertainty about that.

     

    Cheers

     

    Wobbles

  12. In fact, their non-compliance has cost them £200 + court fees+ interest each time I sent them a S.A.R - (Subject Access Request)!

     

    :rolleyes:

     

    Noom, I assume that this is the POC that you used. HERE

     

    Car, is a new claim (the above) automatically a counter claim or do I need to refer to the original claim in the new one to link them.

     

    Wobbles.

  13. A CPR request will trump a Claim for Data Protection Act S.A.R - (Subject Access Request) enforcement - but doing both can't harm your case, really... A claim for S.A.R - (Subject Access Request) enforcement is pretty much a cut/paste job using the templates available on the forums.

    Thinking out loud here - is there anything stopping a counterclaim for Data Protection Act enforcement on the current claim? Less paperwork/hanging around involved if not...

     

    No reason I can think of why a Data Protection Act order to comply, plus damages, shouldnt be on the counterclaim. If Barclaycard had complied with their legal obligation, wobbles wouldnt be in this position.

     

    Just to be clear...

     

    Do I do a CPR AND a new claim (counterclaim) for S.A.R - (Subject Access Request)

    OR

    Do I somehow include the S.A.R - (Subject Access Request) non-compliance in the CPR?

     

    A little confused.

  14. I agree, take in what's on the thread. Send off Curly's letter in post 2.

    Can I ask who the solicitor is?

     

    Let's get going then.

     

    I read Moonhawk's thread over the w/end. Do I understand it correctly that BEFORE I send in my defence, I should send a similar letter as noted in post #2 (relevant to my circumstances) to the solicitor for BC.

     

    Should I clearly state that this is under CPR? What period of time should I give for them to comply (bearing in mind my timscales)?

     

    Wobbles

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