Anyone?

Am i right in thinking it falls under a multiple agreement therefore the 2 or separate credit agreements as defined under Section 18 of the CCA?

Hi On my hire purchase agreement there is a seprate section for insurances. If the insurance section has a sperate amount payable, charge for credit, total cahrge for credit and a seperate APR. Also requires a seperate default notice to be sent then this would make it a seperate credit agreement to that of the HP would it not? Otherwise if it was one single credit agreement the insurances would be combined into the Hire Purchase side and come under that APR and total amount payable? Thanks

As for how much charges you can claim, send them a subject access request which will produce all your statements for the last 6 years

You need to make your complaint soley about the charges, whether the agreement has ended or not you are entitled to reclaim. Reclaiming the charges, will then leave the balance of the default notice to be incorrect. it is not a case of just adjusting it, a new notice would have to be issued and as they have kindly pointed out, there is no agreement to issue one on. Therefore due to information on your credit file having to be correct under the data protection act it will have to come off. You need to state all this in your complaint. As you have sent it give them a ring in a few days saying that complaint is now irrelevant and can they ignore it, then simply do another.

No probs anything to get one over on the bully boy institutions

Oh and if it does go to the FOS which it more than likely will then ask for the default entry to be removed as part of the complaint due to the grounds i stated above

They will give you the OFT speil no doubt when you claim but it does not count towards credit card charges ppi and all the rest, only bank charges. You may need to go to the FOS over it but you will get the charges back plus interest

Well firstly did you not say they sent you the default by email? As if they have put they posted it this shows they are lying. Secondly i would reclaim the charges as credit card charges can be reclaimed, once this has been done this will automatically make the default notice incorrect due to it containing the charges and will have to be removed. Only way they can re-issue an updated default notice is if the agreement is still running

Quick one are the The White Book 2011 Volumes for Civil Procedures the actual literature that is used by lawyers and judges within the courts?

Popped into court today to hand a form in and asked them about the hearing, they informed me that as it was a return of goods claim then the normal rules didnt apply. Not overly bothered as it is only a case of 2 days anyway just confused me when i received the claim. What i am wondering is how i go about applying for the courts to stay the claim as there is a case going through the court of appeal at the moment regarding the same situation, termination of agreements on defective default notices then been able to issue further claims etc. The OFT informed me they are also waiting for the outcome of that case when i queried the correct meaning of Section 87-88 with them. As it is going through a higher court then the outcoe of that case will be binding and all cases the same in the county courts will it not? Aslo how do i find out if the creditor has applied to the courts under CPR 38.7 for permission to bring the claim and am i entitled to know this. Thanks for the advice James

Yes it matches up I will get intouch tomorrow

They believe they can re-issue the claim against me as first time round when they discontinued they then claimed that as the agreement was terminated on a defective notice then the agreement was still live I know they need the courts permission to reissue proceedings so am hoping that is what the hearing is for

Just says fifteen min hearing no details other than time and date

I'm not too sure prob will have to check with courts to see exactly what it is for

So why exactly would u be given a hearing before your period to submit a defence runs out?

I am counting date of issue 3rd June 5 days from then for service is 8th 14 days to submit a defence further 14 days for Aos which gives you 28 days to submit a defence My point what is been missed is i have a hearing for a date which is 2 days before my AoS will run out

Yes then the further 14 days for the acknowledgement of service i also mentioned which in total is 33 days

Anyone? Thanks

Thank you for that. Yes i am being taken to court for a second time after they discontinued first time round due to a dodgy default notice. They have since issued further proceedings stating the usual speil that the agreement was never terminated. I clarified with the OFT what exactly the interpretaion of the act was and they replied with the above which implys to me they are waiting for that outcome themselves. How would i let the judge know, would it have to be in my defence or would i need to contact the court?

Hi I received a County Court claim form today as a creditor has re-issued proceedings against me after withdrawing from the original claim form. Attached to the claim form is a notification of a hearing that is due to take place in July. What is confusing me is that if you add the 5 days for delivery on to the issue date then count 28 days for an Acknowledgement of Service which i intend to file this will give me until 2 days after the hearing date. Also how can i have a hearing when i have not even replied to the claim pack as yet? From the original claim i cannot recall a hearing date been attached. It may well have been but do not recall it. Thanks for the help. James

Just a question on this, as this is going through the court of appeal how will this affect carbon copy claims that are made by creditors through the County Courts. Should the county courts stay such claims until the judgement on this has been given as they did with the bank charges? Thanks

Make a complaint to the FOS regarding their persistent attempts to gain money from you that you do not owe, also report their lack of customer service and help in what is quite a serious matter

Well done You will find if they have no records then they will realise they have no viable prospect of backing up any of their claims. They usually are a pain in the rear but looks like you got them on a good day

Ah well lets sign it anyway