This is for Andyorch

Can you explain why you feel that the alleged CCA is unenforcable please?

We need to prepare an amended defence urgently.

Also we have a copy of the DN which does not allow the full 14 days and isn't laid out correctly to use against them.

Mainly unsure what to put re the CCA.

Your help would be appreciated very much

Regards

Mrs Z

Thanks tiokim, have just started a "new thread" linking this one

Kind regards

Mrs Z

We are going to try to put together an amended defence on Boxing Day ready to send on Sat by special delivery.

If anyone can help please, I’ve put a link to the thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/149589-help-please-re-ccj-9.html

Thanks

PS: I am looking through threads for info

Mrs Z

Thank you tiokim

I will take a look at those threads you have kindly posted

Much appreciated, A defence has to be done and if we have to cobble something together and hope for the best then so be it!

Thanks again

Mrs Z

OMG, Mr Z has just phoned the Court, his amended defence has to be posted off by Saturday - special delivery in order that it reaches the court on time.

We're panicking big time, please, please, please can any one help?

I've trawled threads galore but am in panic mode and probably missing vital info!

Cobbette are ba****ds, probably did this deliberately hoping we'd be away for Christmas and they'd win by default

Regards

A very harrassed Mrs Z

Merry Christmas and a very Happy New Year to the Site team and all Caggers

Best Wishes

Mr & Mrs Z

Good afternoon, Mrs Z here.

I would like to say a great big thank you from the bottom of my heart to all of you that have posted in reply to my thread. It truly has helped me to try to put things into perspective!

flyingdoc:

Thanks for your reply

We are in the process of trying other routes rather than bankruptcy. We have several threads on the forum concerning various creditors/DCA’s and we are currently trying to fight an impending CCJ.

We have 9 creditors, 1 trying to get a CCJ, 3 are given token payments, the rest have been sent CCA requests and they are at various stages. We don’t get phone calls – only letters as most didn’t have our number when we moved house (took BT a month to connect us). The one creditor that did have our number finally stopped after we had sent 3 harassment letters.

Yes, of course you’re right; there is the distinct possibility that one or more creditors may take the option to force bankruptcy on us. This is one of the reasons we are having the discussion on Boxing Day. Mr Z is quite methodical and worries that if we wait until that (if it) happens, we won’t have had time to save up some funds in case we need to rent etc.

We have seen off a few DCA’s over the past few months with the help of CAG! I guess it’s the unknown that is concerning both of us really.

hilaryfrances:

Thanks for your reply

I agree with you that bankruptcy should be a last resort really, that’s why I’m so indecisive about going down that road. Mr Z spoke to someone from the National Debtline back in January and a few times after. They were very good and when he told them about the CAG, they said that a number of people had said they got information and advice from the CAG members.

It’s not definite that Mr Z would lose his job through going BR, but if he did and someone on his staff reads the local paper and sees the BR notice, we think he would be asked to leave. He only started the job in July, but is responsible for large sums of money. We both expected that he would have had to be credit checked for the job but luckily only a basic criminal check was required.

fedup74:

Thanks for your reply and I will certainly try to keep my chin up!

angel 1:

Thanks for your reply

Yes, things are coming to a head I think.

Perhaps I should briefly explain: Some years back, Mr Z left a job he hated and we started up a business from home using equity from the house we owned at that time. Sadly it didn’t work out and around 6 months before we moved to our present abode (been here almost 2 years) I was in a very dark place for a while and I was trying to convince myself that Mr Z would be better off without me.

Anyway, a few weeks back we were talking and Mr Z said he couldn’t understand why people take their lives because of debt. Before I knew it, I had told him how I had felt before we moved; the look of sheer disbelief on his face will stay with me forever! He told me that he would have “followed” me by driving over a cliff! I’ve told him that I know now how irrational to think like that was, but I think that may be at the back of his mind.

We have been married for almost 35 years and we love each other very much – which makes it seem all the more strange how I felt at that time! Anyway, I don’t feel anywhere near that bad these days thanks to the CAG and its great members.

Sorry, that was a bit longer explanation than I had planned.

Personally, I think that I would like us to carry on fighting for our rights, for now at least!

We will have that talk on Boxing Day and try to make some decisions. At the end of the day, we need to come to some kind of solution that we are both happy with.

goldlady:

Thanks for your reply

I must admit, your post gives me great encouragement to carry on fighting, especially as in your case you managed to avert BR! We will stick together, no worries there, as I said in angel’s reply, we love each other very much! I often say how we “grew up” together – getting married at 17 and 18, lol!!

zooman:

Thanks for your reply

We will come to some kind of agreement – we have to! Mr Z has always maintained that we have each other and no one can ever take that away from us!

I’ve said about the worry of Mr Z’s job in hilaryfrance’s reply, so won’t bore you with it again.

Selling the house to rent back isn’t really an option really as typically these companies offer up to 30% lower value of the house. Sadly there is likely to be no equity, we bought 2 years ago next month (at its peak then). We would be left with a potential shortfall and could possibly (after researching) end up homeless after 6 months anyway. We would rather do a voluntary repossession than have that happen (saving the mortgage payments for rental), but thank you for your thoughtful suggestion!

Fortunately, all of our debt is unsecured (credit cards/loans) so owe nothing to the tax man or secured against the house.

I’ve said in flydocs reply about our current situation regarding creditors/DCA, so again I won’t bore you with it!!

Thank you all once again, it has helped me considerably to be able to say how I feel.

All of you have a Merry Christmas and a very happy New Year.

Mrs Z

I hope this is ok; I don’t really have anyone I can confide in (re our financial situation) and feel that I need to un-bottle my feelings so to speak.

After a year of grief from Creditors and DCA‘s, Mr Z wants us to sit down on Boxing Day and have a talk about our way forward!

This talk will include the option of bankruptcy! Now, if I’m truthfully honest that scares the hell out of me. It’s getting to the stage where Mr Z says we are "just existing" and he gets very concerned about how it’s affecting me. He knows I want to fight it and due to him being at work, I mainly deal with the correspondence and posting on the forums. I will admit, I do want to fight for our legal rights – but there are days when I feel that I have no fight left in me!

We did a lot of research earlier on in the year (pre CAG) so we have a good idea of what to expect.

Obviously, we understand that by going down this route it could potentially be a bl**dy minefield.

This is how I perceive going bankrupt:

The pro’s being we can start afresh with a clean slate so to speak.

The cons:

Mr Z could lose his job.

We could lose our house due to either the OR saying renting would be a cheaper option or because Mr Z has lost his job.

How our credit ratings are affected by going BR doesn’t bother either of us because:

• It’s already shot through anyway
  
• We won’t ever take on credit again
  

Thanks for reading

Mrs Z

I’m really sorry to be such an absolute pain but can anyone help please?

After reading that many threads now I think it’s got to the stage where I’ve got information overload!

I really want to fight this claim (Mr Z is faltering to be honest) but by my reckoning it has to be filed by the 31st December. With Christmas in between, time isn’t on our side.

Any help would really, really be appreciated.

Thank you

Mrs Z

This is for andyorch

Please can you help with the amended defence?

I appreciate it's close to Christmas but Mr Z and I would be most grateful for your expertise.

Thank you

Mr & Mrs Z

Thanks citizenB!

I can't PM Andy as he can't/won't accept PM's!!

Thanks for the nudge though, really appreciate it.

I will check the Courts website to see when they (local Court) close for Christmas and get Mr Z to ring and ask. I Just hope they've not closed already:eek:

Thanks again

Mrs Z

Good afternoon all, Mrs Z here

Sorry to be a pain but can anyone please advise?

If Mr Z does have to get an amended defence in and the clock started ticking on the 18th (signed for special delivery) then we need to start preparing

Thank you in anticipation

Mrs Z

Thanks citizenB

That's what we're wondering!

Hopefully someone in the know will be able to advise us!

We're fine thanks, hope you are too.

Merry Christmas and a Happy New Year to you

Mrs Z

Please can anyone advise?

Mrs Z

Good morning all, Mrs Z here

Mr Z has asked me to post a question or two!

As presumably the "bundle" we received yesterday was also sent to the Court, and they have not complied with the DJ's order, will Mr Z's amended defence not be the same as before, but also adding on about the Default Notice?

On the other hand, Mr Z is of the mindset that the DJ should throw out the Claimant's case as they've not complied - meaning there should be no need for him to submit an amended defence.

Personally, I believe that Mr Z will still have to submit an amended defence, which leads me to the question of the time scale, but he wanted me to ask you kind peeps!

The DJ gave the Claimants until the 29th December to comply, so am I right in thinking that Mr Z will have 14 days from the 29th December to submit the amended defence?

We would really appreciate some advice here, thank you.

Kind Regards

Mrs Z

Thank you once again BRW, very kind of you.

As you have recommended, I will search through the posts of Surfaceagentx20 and seek what we have to do next.

By the way, after re-reading the the witness statement the letter posted in the link above is supposed to be a template Default Notice. That's a joke because it's nothing like the one we received! He says that as the letter is automated , the bank is unable to retrieve a true copy of the letter sent to the defendant!

Kind Regards

Mrs Z

Wow BRW!! Thank you so much for such a thorough reply!!

So, can Mr Z file an amended defence stating the non compliance of a properly executed CCA and an invalid DN (no copy in this latest "bundle") and do you think that there's a chance that the DJ would uphold this?

Also, the date given for the Claimant's compliance with the DJ's order - 29th December, does Mr Z have from that date to file an amended defence or is it 14 days from today (on receipt of the bundle from Cobbetts)?

Thank you very much again, Merry Christmas and a Happy New Year from both of us.

Kind Regards

Mrs Z

Good afternoon all, Mrs Z here

Mr Z has received a bundle from Cobbetts by special delivery. Here’s what it contains:

A witness statement by a team manager

An alleged CCA (same as sent before that Andy says is unenforceable)

Statements

A couple of pages of transcripts re phone calls and post

No copy of the Default Notice

A letter (link below) with just Dear (no name and no amount)

http://i305.photobucket.com/albums/nn216/Misterzeus/Co-opdone.jpg

Following is a scanned copy of the Default Notice received in Feb (I copy typed it earlier on in the thread because I hadn’t learnt how to scan!!). Also, I wrongly stated that Mr Z had acknowledged the DN! It was the “Warning - Notice of Default Is Imminent” letter that Mr Z actually acknowledged in writing.

http://i305.photobucket.com/albums/nn216/Misterzeus/co-opDNdone.jpg

The DJ stated that Cobbetts must comply with:

• Compliant copies of the Credit Agreement and any documents referred to within it which comply with the Consumer Credit Act 1974 and all subsequent regulations, which the Claimant seeks to rely upon
  

• Default notice compliant with Section 87 (1) of the Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
  

• Document, contract or deed of assignment (if applicable)
  

• Notice of assignment, with proof of service
  

• Copies of any statement or other document relied upon
  

The DJ goes on to state that the Defendant has 14 days after service of documents in accordance with paragraph 1 (this gives the date the Claimant had to supply all the above).

Now, I’m presuming that Mr Z has 14 days from the actual compliance date given by the DJ (almost the end of December) to file an amended defence?

Any opinions /advice would really be appreciated, thank you

Regards

Mrs Z

Thanks knoxvillian, will do

Regards

Mrs Z

Good afternoon all, Mrs Z here

This post is concerning Amex.

Quick recap:

Amex hasn’t come up with a valid CCA – yet. A complaint was sent to the FOS in July – still awaiting an adjudicator.

We saw off RMA, Credit Solutions Ltd, and the Moorcroft cretins and now this latest bunch of cowboys have crawled out from under a stone!

Mr Z has received the letter in link below today.

http://i305.photobucket.com/albums/nn216/Misterzeus/Vilcollections.jpg

I would like to ask if I may:

Should we reply and tell them this is subject to an FOS complaint and send a copy of their letter to the FOS or simply file and completely ignore them?

Any advice appreciated as always!

Both Mr Z and I would like to wish all Cagger’s a Merry Christmas and a Happy New Year.

Regards

Mrs Z

I concur with Blind, Power2Contact do visit.

The "doorstep" letter was sent to both Citi Cards and Power2Contact prior to their agent visiting back in May.

Don't worry though, as in our case, the agent soon went once Mr Z told him he would only deal with Power2Contact in writing.

I believe that people should be aware that these visits "can" happen now and then.

Regards

Mrs Z

We signed a while back

Mr & Mrs Z

I think that it's fuzzybobble you are referring to?

Mrs Z

Good morning all, Mrs Z here.

Mr Z received this from Provident:

http://i305.photobucket.com/albums/nn216/Misterzeus/PROVIDENT0001.jpg

This is the second loan offer he has received from them in two months and will he take up their offer with the 189.2% APR ?? We really had to think about this “tempting” offer!!!!! Not!!

We have never received anything like this before from Provident – until now when we are in the financial mire.

Has anyone else received the same letters??

Where do they get their information from?? Do they get it from the CRA’s??

As the title says… just curious really!

Mrs Z

CitizenB -

Thank you very much for your help and guidance Josie8

Cobbetts were clearly trying to gain judgement without it going to trial and our local Court DJ has put a stop to that by issuing Cobbetts with a compliance Order.

Forgive me for seeming thick but I read it that if they (Cobbetts) don't comply with said Order by said date, the DJ will strike it out anyway?

The case went in to Stay in August and Cobbetts took over after Incasso had the Stay lifted in late October from Northampton CC.

Thanks again, much appreciated

Mrs Z