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bennieee

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Everything posted by bennieee

  1. Yes I think that they are. I have requested the information as per the thread that Tomterm pointed me very kindly to so will wait and see what transpires...
  2. Thank you Peter for your help. I have today phoned the court and the date of service that they have has been postponed greatly due to the postal strikes in the area. I am going to send the acknowledgement of service to them today.
  3. Thank you so much for the response. I am currently working through all the points and have had a good look at the info on the thread that you wrote - it is brilliant information, thank you. it is from the "deemed service" date, which I think is 5 days after the date on the form. However, I would acknowledge service today on MCOL, saying you'll defend all the claim. I have looked at this site however the claim form was not issued by Northampton, it came from Liverpool - where I believe they had a lot of additional postage strikes and therefore the reason that it only arrived today. I will therefore phone the court on Monday to find out the dates that everything need to be in to them by. Have you posted what they sent you to the credit agreement thread, or asked peter bard to look at it? I received this in response to the CCA request This was received from the solicitors in response to the CCA request that I sent, I did not receive anything from the company concerned but did get a response to the SAR that I sent to them. These are the details that I sent to the court to have the SD set aside I am seeking a set-aside of the Statutory Demand, on the basis that the alleged debt is disputed. I sent a request to the Claimant on (insert date) by special delivery, under section 78 of the Consumer Credit Act 1974, for a copy of a credit agreement that the purported debt refers to. I received a reply from the Claimant's Solicitor on (insert date) in which they state a copy of the alleged agreement was enclosed. The document furnished on behalf of the Claimant, is a copy of an application form, it is not a credit agreement, as it does not contain any prescribed terms, which it must possess to be enforceable. The Court is therefore precluded from enforcing such a document under section 127(3) of the Consumer Credit Act. Within the court form that I have received today, there are however t and c which look different from the application form - the application is smaller in size and has a different print on it if that makes sense, it just looks as aif a copy of any t and c has been attached to the form. I have sent Peter a PM to see if he has the time to take a look for me and will let you know. The Particulars of the claim are;( I have typed these as written on the form as I thought once I had 'whited' bits out etc it would take the same time 1. The Claimant is a private limited company, registered under {company number.....} and trading as a financial institution. The Claimant provides various financial service to consumer, which include a credit card service operating under the trade name of 'Marbles' 2. By a credit card agreement {date....} ("the Agreement") the Claimant and the Defendant entered into a contract for the provision of credit services and the Defendant was given a marbles credit card by the Claimant to purchase goods and/or services under account number....... A copy of the original agreement is attached to these Particulars of claim marked 'A'. 3.Pursuant to Clause 6 of the Agreement the Claimant agreed to send monthly statements to the Defendant showing all debits and credits made to her Marbles credit card account in the period since the previous statement. ** as a note on this bit, I had numerous problems with receiving statements, I spoke to them a lot of times as statements did not arrived and quite often they said that they sent copy statements that also did not arrived 4.Pursuant to Clause 5 of the Agreement the Defendant agreed to pay to the Claimant, within 21 days of receiving the monthly statement, the greater of 3% of the balance shown on the statement to be due or £5.00(or if the balance if it is les (this typo is on there- all the rest are mine.) than £5). This minimum payment required was clearly stated in the monthly statements sent to the defendant and, upon receipt of each and every monthly Statement, the defendant was put on notice as to the minimum payment they were obliged to pay under the Agreement. 5. Also pursuant to Clause 5 of the Agreement, if the Defendant did not pay the full balance due as stated on the monthly statement by the 21st day after the statement date, interest was then payable by the Defendant to the Claimant on the unpaid balance. 6 Since {date...} the Defendant has used the marbles credit card to purchase goods and/or services In accordance with clause 6 of the Agreement, the Claimant has sent monthly statements to the Defendant detailing the transactions that the Defendant has made in the period since the last monthly statement and the minimum payments to be made as well as the total balance outstanding on the credit card account. continued... 7. In or around {date...} the Defendant breached the terms of the agreement by failing to make the monthly payment specified in the monthly statement sent to her, therby breaching Clause 5 of the Agreement. The defendant continued to breach Clause 5 of the Agreement by failing to make payments in {month month then a gap of a month, month month then a gap of two months , month month}. 8. Accordingly, on {date...} the Claimant sne the Defendant a Default Notice pursuant to Section87(1) of the Consumer Credit Act 1974. A copy of this Default notice is attached to these Particulars of claim marked 'B' The defualt notice informed the defendant that they had breached the terms of the agreement by failing to pay minimum payments totaling {£amount} 9. The default Notice notified the defendant that unless she paid {£amount} by {date...} then the Claimant may take the following action against her. a. Terminate the Agreement on {date...} b. Require the immediate payment on {date...} of the entire outstanding debit balance of {£amount...};and c. If the whole or any part of each sum was not then recieved, issue Court proceedings for the entire balance plus any accrued interest and costs. 10. The Defendant did not make the payment of {£amount} by {date...} Accordingly, the full outstanding balance of {£amount} became payable and due on that date. The Defendant has failed to pay the outstanding balance of the credit card account on this date and the balance remains due and outstanding. The Defendant made a payment of £1.00 to the claimant on {date...} *** this was for a cca request, it was not a payment, it was sent with a letter as per the template on this site 11. The curent balance of the credit card account due and owing from the Defendant is {£amount} 12. The Claimant seeks statutory interest at 8% per annum under section 69 of the County Courts Act 1984 on the sum of {amount} from {date} 9this being the date when the balance of {amount} became immediately repayable) to {date} ammounting to {amount} and continuing at a daily rate of {amount} per day until judgement or earlier payment. 13. Alternatively the Claimant seeks interest at such rate and for such period as the court sees fit. and the claimant claims the total sum of {amount} interest as aforesaid costs. there is then a statement of truth from the solicitors. I am just about to work out the charges and will post these when I have done. I will also compose a letter as per the thread that you gave to send to the claimant. thanks again for the help I used the spreadsheet on the site to calculate the charges and with interest they total 889.41. I also checked and have found another copy of the above application that was sent by marbles with a letter saying thank you for your request for the t and c. There were no t and c just the above form. On further inspection of the t and c that are in the claim form, the interest rates differ to the ones that are on my initial statements so would suggest that they are not my t and c application form.pdf
  4. Hi all, I wondered if it was possible to help me with a claim form that I recieved this morning. It is stamped by the court and dated the 12th Oct but because of the postal strikes the date on the envelope is the 23rd Oct. I understand that there is 14 days to acknowledge the form - is this from the postmark or the date on the form? I sent a CCA request to the company and they sent an application form back. There are however in the court form details, a copy of t and c that have never been sent to me. There are some descrepancies in the details on the form in that they are saying that I made a payment to them of £1.00 where in fact this is the fee that I sent for the CCA. There are charges contained in the amount oweing and I really need to know where to go from here. The company concerned has already sent a SD which I defended. I also have here a copy of the info that they sent in return to the SAR request that I sent. Thanks in advance
  5. Hi, is there anyone who cna help me complete this form http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf It is to have a stat deman set aside. I have all the details of what to put for the defense but am really confused, especially by the first bit about the registrar. I wondered if there is anyone who can complete a mock up of the form with fake addresses etc as a template?
  6. Hi D-K I'm pretty new here too But from the brilliant advice given here - don't give them your telephone number and also don't sign the letter that you send either.
  7. Hi all, I am about to start the process of reclaiming charges. I have read through so many forums, but need to ask a question before I start. I have 2 accounts - a currrent and a loan - do I need to send separate access requests for these or can I send one letter combining the accounts with one £10 fee.
  8. So do I need to go to the court mentioned on the original demand to file the form?
  9. Thank you. I was so stressed this morning, and everyone has made me feel so much better. Thank you for all your help
  10. Nothing received from HFC as yet but I did recieve a letter from Weightmans this morning... 'We refer to your recent correspondance. As requested we enclose a copy of your orginal credit agreement. As you have now been served with a Statutory demand, we request that you contact us to agree a suitable payment agreement and/or security for this debt, or we reserve the right to issue a bankruptcy petition against you. If we do not hear from you within 21 days from the date that you were served with the statutory demand, we will have no alternative but to continue with legal proceedings immediately. We look forward to hearing from you.' There was a copy of an application form enclosed that is signed by both them and me but there are no t and c attached, is this a proper CCA? I only now have 6 days until the 21 days is up so a little bit worried, I know that part of the debt is made up of charges but am not sure how much. I spoke to the CCCS this week and they have agreed a DMP for both me and my partner. They did also agree during the discussion that it was worth sending a CCA request to the other creditors along with a SAR to try and reclaim other charges so this is something that I am going to get on with at the weekend. I would really appreciate advice on the CCA that they have sent to me and also advice on what to do next. I have blanked out ref number from the solicitors, my name and address, my oh's name and signature and my signature application form.pdf
  11. ok so I should send the first letter to the DCA and the second one to HFC? If the demand is from the court, they would have a record of it, is it worth calling them to see?
  12. no, there are 4 pages, the first 3 I scanned and the 4th is completely blank.
  13. is this a genuine demand then or is just one of their scare tactics, I am so worried now.
  14. no I have not recieved a copy of the agreement, the document was served by hand
  15. the agreement was started according to the demand letter on 12.3.02 I have scanned the demand I removed my name and the agreement number and there was also a law court address that I took out thanks again for all the help, it is very much appreciated
  16. thank you - I don't have the exact date to hand, I would think it was around 6 years ago - I will look to see if I can find out - is it important?
  17. So does this mean that I should not call them and offer a token payment? sorry for asking a lot of questions - this is just confusing me at the mo
  18. Thank you so much for the quick responses I will do this today - I am probably being really thick but do I need to send this to the dca or to the orginal creditor?
  19. Hi all, I wondered if there was anyone who can help me. I received last night a letter saying that it is a Demand served on me and that if the amount is not paid then I will be made Bankruptcy: It states that I have fallen into arrears (which I have) and that therefore I am insolvent. The letter has come from a company called Weightmans and advise that it is in relation to a HFC account - it is for a Marbles credit card. It also states that I have been provided full particulars of the agreement - which I have not. I have spoken to the CCCS and also spent alot of time looking through here - there is some fantastic advice What I really need to know is... What do I need to do! The CCCS told me to call them and offer a token payment via bank transfer - I am talking to the CCCS again on Monday to sort out a budget and things but all the advice on here seems to tell me not to call anyone. I have not received details of the account as they say - I have read on here about sending a £1 payment and getting a CCA so I am rather confused as this advises not to make any payment. I also noticed that the amount seems to be a very large amount more than the amount that I thought I owed - the amount is a mix of credit and charges and now I guess even more charges. Please please help, this is so scary and I know that I should have dealt with it before - I did not really sleep last night
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