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

Aahhh!! with you now.

I am getting lost here isn't the claim only stayed at the moment:???: Andy

There cant be any late payment charges there is no agreement. Also there cant be any interest unless its in the original agreement post judgment. With regards to the payment would it not be better to take payment away from your DMP and you set up a SO and deal direct.Just make sure its payed on the 22rd of each month.once you have that in hand you can think about getting the unfair charges back and interest. Regards Andy

Take a read here saves me repeating everything:-D http://www.consumeractiongroup.co.uk/forum/showthread.php?312658-Clueless-and-stressed-about-N1CPC-claim-from-RESTONS Regards Andy

Check the details of your Variation Order does it have a payment date? Andy

If she is a bankrupt then yes seek legal advice. Andy

Preparation is key, have to hand your skeleton notes your argument the bases on which your argument relies upon. They will just rely on the DJ accepting the reconstituted and balance of probabilities.( and of course that dynamic WS) If you feel its not going your way on the above point then raise the matter I refer to re CCA 2006 Notice of Arrears (post 104) as to why they still cannot enforce any agreement.That cant be based on the balance of probabilities, either they have complied or not, black or white. Worse possible scenario, he is having none of it and wants you out of his court room, prepare an I&E but i hope it wouldn't come to that. Best of luck with the hearing and update when you can. Regards Andy

Dont assume anything TWW only do what the Court Orders. Andy

I should read more slowly:-D

Right i understand, you initially stated in your holding defence that you would submit a particularised defence should the claimant clarify their claim.So its basically a skeleton you are preparing along with Docman not an amended defence.Why do you state it has to be submitted by tomorrow? Do you mean it has to be ready for your hearing?

If she is a Bankrupt she can not be a P o A. If not you can apply to have restrictions on her powers or alternatively your Father could become joint P o A. Regards Andy

Contractual Interest Many creditors are trying to argue that Charging Orders carry contractual interest after judgment even if the judgment itself doesn’t. There are plenty of arguments against this. Charging orders and their effect are determined by the Charging Order Act 1979 Section 1 COA says that a Charging Order is made ‘for the purposes of enforcing that judgment or order’ and that the charge is for ‘securing the payment of any money due or to become due under a judgment or order’. Although enforcement of a Charging Order is not execution of a judgment, s1 means that the order and the judgment must be coextensive. Therefore no money can be recovered in excess of what is due or to become due under the judgment. Section 3(4) opens with the words ‘Subject to the provisions of this ACT…’ and so unless the interest is due under the judgment or order under the Interest on County Court Judgements Order, it cannot be included in the Charging Order The amount of interest depends on the amount of interest due on the judgment. Some CCA regulated agreement judgements do not have an interest post-judgment clause. Even if there is an interest post-judgement clause on a CCA regulated agreement the lender still cannot enforce these rights by levying contractual interest – unless that rate forms part of the judgment, the lender would have to bring seperated action for the interest. (Supreme Court Practice 1999 Ed. Para 42/1/24 and Re European Central Railway 1877 4 Ch.D.33 The claimant may try to use s3(4) COA to claim that an equitable charge attracts interest on the principle sum. However, the rate of interest payable under an equitable charge depends on its terms. In the case of a CO, the judgment debt would be in essence the princinple sum. The rate payable on this sum is prescribed by statute or set out in the judgment. S3(4) wouldn’t justify applying a different rate. Andy:razz:

Hi TWW Simply amend point 19 to state the request with the date and when and with what they complied with. With regards to your amended defence submission you have to follow the order and date by.What does it state in the order? Andy

Glad I made you smile at least. Once a summons is issued the only way to avoid a CCJ is to defend anything less will result in a CCJ.There will be twists and turns along your journey and you may still end up with a CCJ should you lose.But without defending that option would not be there.Follow the process and keep an eye on the time frame. Post up if you are unsure of anything. Regards Andy

Ok Before you decide how to plea and complete, you need to make sure that they can charge interest and that if so they have charged the correct amount. Forget verbal agreements and interest freezes, verbal stands for nothing and any DJ will consider the T&Cs at the time of the agreement. Most agreements when defaulted are subject to some breakdown and in a lot of cases the creditor will freeze interest as a gesture of goodwill. Even better if you have it in writing. As you have stated the T&Cs are incorrect and not from the time the agreement was signed and as such until time the Claimant can disclose the correct T&Cs and prove what they state in their P.o.C to be fact and applied then I would be either defending the matter whole or at the least disagreeing with the amount. I assume you have a copy of the CCA, is there any reference on that to default and pre judgment interest within the key financial details? Due to amendments to the CCA1974 (CCA2006) introduced Oct 2008 all creditors must comply by issuing aa Notice of Arrears (frequently) failure to notify or issue this results in the Creditor not being able to enforce any agreement whilst in default of this duty or add interest. £2K is £2K you need to be sure before you agree to any payment that you do lawfully owe it and if they cant prove you do then you have to disagree or defend. Regards Andy