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Everything posted by bennieee

  1. this was the app form that they sent in response to the CCA, they have not replied to my data request, I also sent a SAR to HFC in July but did not get a reply. They sent a Stat demand that I completed a set aside for and the courts wrote to advise that it has been withdrawn including the claimants letter to the court to withdraw it but no conf from the claimant. The sent a copy of an AQ but other than that nothing i have not has a default notice that I can find other than one that was included in the claim I posted it on here and it appears to be ok, I did notice that my postcode was incorrect - but other than that was correct application form.pdf
  2. thank you - I will add the defence in, I have copied every letter and response in, I can list it all here but it will be later this evening. thank you for the link to the CCA.
  3. thanks Paul, I have added all that I have but it is not much as I am still waiting for all the info requested from the solicitors. Do you have a copy of the CCA1974? I have the rest - thank you so much for your help. sorry to be really thick but when you say everything, do you mean the defence statement and also copies of the AQ's as well as the court and the claimant will already have these
  4. it says; each party shall give standard diclosure to the other party by list (with a copy of all the relevant documents attached) by 4:00pm
  5. thanks Paul, I looked this but it doesn't give advice on completing the bits about the document searches - so am a little confused
  6. I am comleting the list of documents:standard disclosure - form N265, would I be correct in thinking that I need only complete the claim details/claimant/defendant etc and then just tick the Defendant box, date and sign it and attach the list of documents and documents to it? the other bits are about carrying out searches but don't seem to be relevant - is this correct?
  7. I wondered if some one could clarify the the template letter for the CCA request - this bit; I do not acknowledge any debt to your company I understand that under the Consumer Credit Act 1974 (Sections 77−79) Is it okay to add this as it stands or should I amend it to reflect whether it is a card or loan or overdraft? TIA
  8. This is what I am going to put on the form; (I will send a copy to the claimant.) Section A - Do you wish there to be a one month stay - No Section B - Location of trial - Yes - I respectfully request that the case is heard at *** Court as I am a litigant in person. Section C - Pre action protocols - No - I will state on a new piece of paper that I have requested information to be disclosed but as yet have not received a reply and therefore can not supply anything in return until my request is complied with. Section D - amount *** Applications - No Witnesses -Me as a witness of fact Experts - No Track - Fast Section E - I think one hour although they have listed 3 hours on the AQ (do you think this is reasonable?) Section F - Directions - Yes and I will attach directions Have they been agreed - No Section G - Costs - I will leave blank Section H - Other - Yes for the attached docs Yes for sending to other parties No for intended applications and in the box - Please find the following attached to this allocation questionnaire; 1) Section H - other information 2) Draft order for directions 3) Section C - Pre-action protocols Do you think that this is ok?
  9. yes it is over 5000 - the aq from the claimant suggests fast track and that the hearing will take 3 hours. they have also asked for a stay of a month thank you again for your help
  10. This morning I received a copy of the claimant's AQ it does not say much apaprt from a list of their charges, does this mean that I need to send the claimant a copy of the AQ once completed?
  11. Hi Paul, I am so sorry, got waylaid with all the events of today! I have checked and yes you are correct - doh! It is a N150 I looked at the letter that came with it and that is the N152 - it is a N150 AQ - the letter that came I have scanned if it is of use - I have removed the personal details. Happy Christmas
  12. Yes there is a date on the default notice, I deleted it. I can only again thank you so much for all your help with this.
  13. Yes, the credit agreement is another photo copy of the one that I posted previously. There is behing a separate copy of a set of t and c but having inspected them, they do not belong with the 'cca' that they sent as they have a different typeface and the rates and figures are random - if that makes sense. I sent a letter to the solicitors as per the template that tomterm kindly pointed me in the direction of - it was a copy of this one http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html but did not gain a reply.
  14. thank you so much for your help Paul, so sorry for the delay, I had to borrow a scanner. This is the notice that they sent This is the form that is within the court claim form, I have checked but have no record of one that was sent directly to me.
  15. Yes, I had confirmation from the solictors who sent the SD originally that they have withdrawn it.
  16. Thank you for the help, the SD was returned intially by the court as they said that the claimant no longer wanted to persue it. I then received a letter from the solicitors who advised that they had decided that it was not financially viable for them to proceed so had decided not to go ahead after I submitted the set aside forms. The defence needs to be at the court by 4pm on Friday, I have just called and double checked this with them. They will not accept a file online, it needs to be SD to them anyway.
  17. For various reasons, I have not been around, I wondered if someone was able to have a look at my defense - it is due to be submitted by friday according to the court. It is mainly taken from a previous defense that I found on here that was written by Laiste, do you think that it suitable to use? The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all. It is averred that the Claimants have commenced these proceedings unlawfully and vexatiously, having failed to prove that a credit agreement exists between HFC and myself. On the (insert date), I sent a request for a copy of the alleged credit agreement to both the Claimants and the HFC bank enclosing for each request, the requisite £1.00 fee, by recorded delivery. It was received by HFC on the (insert date) and the Claimants on (insert date). On the (insert date), the Claimants provided what they have stated is a copy of a credit agreement. HFC did not respond. The document furnished however, is a copy of an application form, which is not a credit agreement. The document provided does not accord in form and content with sections 60 and 61 of the Consumer Credit Act 1974, or the Consumer Credit (Agreements) Regulations 1983, which stipulates the fundamental requirements for credit agreements. Specifically, the application form does not contain the prescribed terms of the alleged credit agreement; and given that the Claimants are asserting that the document furnished on the (insert date), is a copy of the purported agreement, the fact that said document does not detail any prescribed terms, renders the alleged agreement entirely legally unenforceable and these proceedings are completely unfounded. The request for the alleged credit agreement was made under section 78(1)running account credit, of the Consumer Credit Act 1974. The prescribed time limit for furnishing a copy of the alleged credit agreement is twelve working days from receipt of the request, as stipulated in Regulation two of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. HFC and the Claimants were legally obliged to furnish a copy of the alleged credit agreement by the (insert date). The Claimants supplied a document on the (insert date), which was not a copy of the alleged credit agreement. Accordingly, having failed to produce a credit agreement within the requisite timescale, or at all, the Claimants were in default as of the (insert date). Furthermore, under section 78(6)(b) of the Consumer Credit Act 1974, the Claimants committed a criminal offence as of the (insert date), as the default had continued for a period of one month. The Claimants continue to commit an offence as they have never produced a credit agreement. HFC have issued a Court claim without having any proof that a credit agreement exists. I would therefore contend that the Claimant’s conduct amounts to unlawful harassment. No Default Notice has ever been received by the Defendant prior to the termination of the alleged agreement. If HFC contends otherwise, the Defendant puts the Claimant to strict proof that such a document was received. The Claimants have included a collection charge in their particulars of claim in the amount of £amount. This amount is a penalty charge and is unlawful at Common Law, under the Unfair Contract Terms Act 1977 and is a breach of The Unfair Terms in Consumer Contracts Regulations 1999. The Claimants are not entitled to claim interest as detailed in their particulars of claim, as they have not furnished a credit agreement to prove that any contract exists between HFC and myself. Should I mention that the payment that they speak of was not a payment but rather a fee for the CCA request, and is it okay to separate the claimants as being the solicitors and the HFC as a separate entity in the defence? I also had huge issues with statements that were not received from them and phoned them numerous times to advise them, should I mention this? I have not received a reply to my letter sent requesting information Thank you for all the advice given so far, it really is appreciated.
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