Hi JFK A Default Notice is one document a Notice of Arrears is another, completely different. Jf if you want me to be brutally honest you seem fixated on the deadline date and what to plead,and yet doing little preparation. Caro as stated I have stated if you dont agree with the summons amount ( and I have give you enough pointers to research as to how it may /could be wrong) then you must defend (all of it)..There is only one option on a summons response to give a slither of hope of avoiding a CCJ = Defend all. Part admittance gets you a CCJ, yes you can try to argue why the amount is wrong but you will get a CCJ for the correct amount.When you defend all you lengthen the process and gives you opportunity to mediate/bargain with the claimant. True you could still lose and still get a CCJ but you will have had opportunity to air you disagreement and who knows they may even throw the towel in along the way. Its your choice in the end and we are not here to persuade you either way but if I overcharged you for a car by £2K would you ask me for more to pay it??? A summons is no different, forget all the legalities and think clearly then you will make your decision. Regards Andy

Thanks CB. Andy

14 days after judgment Series, after that there is a charge. Andy

TRy this Mooshy, it did the trick for Morrisdog http://www.consumeractiongroup.co.uk/forum/showthread.php?309473-Advice-needed-on-court-summons-***Discontinued**** Regards Andy

Dont bin it Sparkly save safely, but still ignore. Andy

Stays can be in place for over 12mths selecting the right time for any application would be 2/3 months.The application will cost you and you will need an hearing so £75.Just be sure they dont set a side your application or it could drag on for a very long time. Andy

I dont think you need one just state not your debt and you can prove you have never made any payments. Ask MNBA who's account number was paying for 6 years, not yours and show proof of your account number. Andy

If thats the court of issue yes and no you cant do it on line, you can complete on screen then print off.Dont forget to send the Claimants a copy either unsigned or unsual sig. Andy

Change it to 7 or 10 Sev. Andy

Then they acting for Arrow should issue a Notice of Discontinuence, so not sure what they mean by " passing it back to the Originator (Haliprats) as this not been assigned? Andy

Of course they haven't received it Mooshy:lol: Andy

Andy

Yes appreciate that Brig but I was referring to the Solicitor, I couldn't see anything about on line application within the CCA posted up.Lady as never mentioned it being an on line application until the Sol made reference to it in her response.

What gave her the impression it was an on line application? The links dont work now BTW. Andy

Hi Tonks You could push this on the PPI alone ,they must not be aware of the recent ruling on PPI. T&Cs are not going to change anything no matter what year there from. The fact they have offered a Consent is signal enough to show they are not that confident. I will catch you later when you have more time. Regards Andy

Hi lady Considering this application was 2003 (pre amendments 2007) the prescribed terms must be within the four corners of the signed agreement.(or referred to overleaf or attached or numbered) The only info on the signed section is Data protection Act. With regards to his comments re on line application I have not got a clue to what he is referring to.Did you make this application on line or on the flyer you have signed and posted up? Apart from that I can hardly read it anyway therefore border illegible. Andy

Absolutely.

Hi Series He needs to write and request an installment order and attach it to a N244.Enclose a I&E. (no fee) Andy

Hi Tonks I see matters have progressed. Consent or Tomlin Order? Have you received a copy of their AQ? Why was the PPI not miss sold if you was self employed? Duty to serve Notice of Arrears did come into force 2008 but then again your default was also after 2008 so that wont wash.It may not be retrospective as they imply but they must comply with the new amendments irrespective. Andy PS you can now PM me if any info is sensitive

By all means TWW any requests that have been ignored or not complied with must be mentioned.Thats why you retain proof of the request. Andy

Regards Andy

Just make sure you get it on before your initial original defence date. Andy

HI Marty Because the Claimant is requesting more time to comply you need more time to submit a defence.Therefore you need to request an extension from the claimant to extend your defence submission. Read this thread (a previous one i have advised on) saves me typing it all out again.:- http://www.consumeractiongroup.co.uk/forum/showthread.php?309473-Advice-needed-on-court-summons-***Discontinued**** DO not submit a defence at this stage...... get agreement in writing and inform the Court of said extension. Regards Andy

Assuming this is a Northampton Claim (CCBC) you will have until Mon 4.00pm to submit your plea and acknowledgment. Putting the incorrect T&Cs to one side for the moment and just to reiterate my last post:- Failure to give notice of sums in arrears The Consumer Credit Act and its amendments affect all those who use credit to buy goods and or services, for example, on hire-purchase agreements or using a store credit card. The Act governs the licensing of, and other controls, on traders who supply credit, or goods and services on credit. It is therefore a valuable tool to have knowledge of how it works at your fingertips. This article explains a recent change to Consumer Credit law – the CCA 2006. Specifically, it explains what a creditor may do if the debtor breaches the agreement. Arrears notice penalty: Of course when a trader provides credit, the debtor may default, perhaps knowingly, perhaps unknowingly. Either way, the creditor is under a duty to provide the debtor with a notice stating that they are in arrears and owe ‘x’ amount of money. A new amendment has been made in case of failure to give notice of sums in arrears in CCA 1974. Section 11 CCA 2006 inserts a new section - 86D - that sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C. If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, The debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure, Notice of default sums Section 12 of CCA 2006 applies to situations where a debtor or hirer under a regulated agreement incurs a default sum. A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement. For example, you hire a car for the duration of your holiday. There will often be a penalty sum payable if you incur a fine from using the car. The car-hire company might say this is to cover, for example, administration charges. Either way, certain sums are payable if you breach the agreement. Where this applies, the creditor must provide notice to the debtor, of the amount they must pay. This only applies where the default sum exceeds a specified amount. Additionally, a creditor may only require a debtor to pay interest (in connection with a default sum) 28 days after the day the notice was given to the debtor. So if the creditor fails to give notice to the debtor then he can not enforce the agreement until notice is given. Default sum The term ‘default sum’ has been redefined in s.18 CCA 2006. “Default sum” now means: a sum payable by a debtor or hirer in connection with his breach of a regulated agreement (e.g. a charge imposed for late payment of an instalment due under the agreement or a fee imposed for exceeding a credit limit on a credit card). A default sum does not include sums that, as a consequence of a breach of the agreement, become payable earlier than they otherwise would have done. Nor does it include interest. Interest on default sums Section 13 has been amended so that a creditor or owner may only require simple interest to be paid in respect of default sums payable by the debtor or hirer. This includes sums payable under non-commercial or small agreements. Minimum 14 days after Default notices The new minimum period after which a creditor or owner may take action (in respect of the agreement after having issued a default notice) is now 14 days. It used to be only 7 days. Section 14 CCA 2006 amends section 88 of the 1974 Act to create this extension. Additionally, under s87, a creditor or owner must give the debtor or hirer a default notice in the prescribed form if he wishes to: Terminate the agreement; Demand earlier payment of a sum; Recover possession of any goods or land; Treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or to; Enforce any security. Section 88 is also amended to allow the Secretary of State to prescribe information in the default notice to include any matters relating to the agreement (e.g. information about whether the agreement includes a term providing for the charging of post-judgment interest). Something to consider. Regards Andy

No problem Ang, just post if unsure of any of the process. Andy