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Everything posted by gill5blue

  1. Hi, Reply from court, Need amended Defence and signed statement of truth Gill
  2. Hi, I have looked at the terms and conditions I have been sent there is a bullet point referencing 8.2 which relates to the point raised on the application form. But the terms and conditions do not have a reference or link to the agreement, they are just typed out, no proper headings ie 'AA' or Bank of Scotland on them. Is that useful. I found an old file with AA statements (on pc) and in their I had scanned an update to terms and conditions which had AA on it and the account number and the AA yellow across it, making it no doubt that it was for the account. I may not be able to get back on here until tomorrow evening, but will post when I find out about court order tomorrow gill
  3. Hi, I can't see anything else wrong with the default notic, Anything else I should be looking for?
  4. Dx I don't think so I will check tonight. I couldn't ring court I was at work and details at home and my husband has to ring anyway. I can get him to ring tomorrow am, Gill
  5. Hi, I have slept on it and as I have not put in a witness statement, it must be WS that I need to put in. I haven't received court order, should get it today or tommorrow
  6. I know Ford said the default notice was ok, but they only sent me 'template copy', I have the default notice. I don't think they realise the dates are wrong or that I have the default notice. So I will use this in my defence.
  7. HI Andy, Thankyou for responding. It has be in court by the 26th February. It is a defence that is needed, she said put everything down that I wish to be brought up Cheers Gill
  8. The claimant claims the sum of £13k for debt and interest. On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999. On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k the debt was assigned to st credit for the sum of £12k. Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and claimant claims 1. the sum of 1£2k 2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8% per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment. My attempt at a defence?: The application form is not a consumer credit agreement. It is not signed by them. They refer to the form as an application form not an agreement in their WS. The terms and conditions enclosed in their WS were not present at the time of signing. These were only available after many requests for them. They are undated, so no proof as to when they were created. The default notice is incorrect, it does not give 2 weeks to pay. without a correct default notice the debt cannot be assigned to anyone. Therefore 1st credit cannot make a claim on this account.
  9. So Sorry for that rant, I have been pushing the f5 button all evening, hoping for a reply. Totally stressed tonight. Gill
  10. Hi Is there anyone who can help me? Over the past years when I have asked for help I did wait, patiently, i had the time then. But on this occasion I am pushed for time to sort out a defence, and could do with some feedback for a defence to put in. I have read the dca successes and most of them have been struck out of court or claim discontinued, this is not happening in this case. Am I going to lose this? do they have a case to win? is this why i'm not getting feedback Sorry for rant but i'm stressed- I thought it was going ok, but obviously it isn't why is no one talking to me? sad gill
  11. Thank you Ford, Why did I need to do that? I don't understand Gill
  12. Hi, No I have not had a general order yet, courts said it would take about 2 weeks. I don't understand with what you mean in 'Start by bringing their original particulars forward'-(edited, I see you have done this above, but what for?) I have received WS and application form, default notice and notice of assignment, terms and conditions for 2004, and current terms and conditions, and statements. Gill
  13. Hi Andy, I'm sure it is a defence she asked for. I brought up about the terms and conditions referencing point 8.2 but nowhere could I see an 8.2 term or condition. The fella representing 1st cred said this had not been brought up before. the judge gave me more time and said I had to put everything down on paper that will be brought up. The rep was really cross, you could tell but he objected politely.
  14. Hi Andy I used this defence previously on a previous c/card case and they discontinued their claim! I thought it would be ok. As we were taken to court I thought I would ask for help. Do you know of a similar defence that will work? I don't want to find one and then find out it is no good too. Is the default notice okay? I am asking for help now please. Gill
  15. Hi Here are sheets 4 to 7 of the witness statement hth Gill
  16. Hi I have uploaded the application notice and witness statement (sheets 1 to 3) Hth Gill
  17. Hi I will do, but currently off to see the rugby, I will upload info tomorrow am Thanks Gill
  18. Hi, I could really do with some feedback for the thread please, Gill
  19. Hi, I researched the Default Notice. The copy of the default notice they sent me, which I received Thur 12th Feb 2015 has all identifying information blacked out. The Default Notice I received in June 2009 is dated 27th June 2009 (Saturday) and date to be paid 'before 11th July 2009'. Now I could not receive this letter until minimum 29th June 2009 and 14 days to pay is 13th July 2009. Does this help me in my court defence? Or can I go for unlawful recission? Gill
  20. Hi Yes , I received a reply to the CCA, They included, 1)Copy of application Form with terms and conditions. 2)True copy of terms and conditions at the time the contract was entered into. 3) True copy of terms and conditions when the account was terminated. 4)statements of accounts- 1st 2 years missing. 5) Template default notice 6) notice of assignment. What does 'template' default notice mean? Cheers Gill
  21. Hi, Any thoughts people? I'm thinking that the terms and conditions we received in 2005 do not reflect the terms and conditions they sent in 2009 saying they were the terms and conditions that were applied in 2004 when the account was opened. So I think they do not have the terms and conditions for 2004 and are just making it up.? Gill
  22. Hi Citizen, The form was signed by my husband, and the claim is against him, I am dealing with it because he doesn't understand all this HTH I print the letters and get him to print his name at the bottom of the letters Gill
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