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Everything posted by cymruambyth

  1. LTSB are not a priority payment, so they can go to the back of the queue! Do not miss your priority payments. Write to LTSB, give them a brief explanation of your problems and a suggested payment amount, enclosing a cheque. If this is all that you can pay, send in a cheque for this amount every month, so if they do try taking action against you then you can demonstrate that you are doing your best to pay.
  2. Hi Dave, they have mentioned the agreement in the POC, so 31.14 is appropriate for that. It s the agreement that you need to see to make sure that it contains all the prescribed terms.
  3. Hi that's why I have have given the link to pt's compilation. 1. keep an eye on dates, it you are late you will get a CCJ by default 2. Complete the AOS on line 3. Say you will defend, this will give you a total of 33 days from the date the claim was issued to try and understand everything, find out all the information that you need and make a decision to defend or admit 4. It is a relatively small amount (unfortunately I can multiply that by 20) so as stated if you start to question the action MAY not go further as it isn't worth it financially. 5. What is the POC? CPR 31.14 enables you to request all documents mentioned in POC.You need to know what documentation and whether it is enforceable that this action is based on. 6. My advice is from 4 court cases, 2 won, 1 lost (DJ lottery), 1 ongoing with a legal firm. 7. Most advice is based on experience; not all advice is good; try and check who the posters are; all decisions are yours so ask for help or PM the site team if you are lost or worried, the replies won't be instantaneous but they will arrive! 8. Good luck!
  4. Hi Dave You need to read all replies. I think the thread you have linked is important and helps with using the CPR 31.14.This link is comprehensive, try and plough through it. pt is a solicitor who specialises in the CCA (quite successfully) and used to post on CAG pt-legal issues-compilation.pdf
  5. If you admit any part of the debt you will get a CCJ unless it is all cleared. I would say that you are defending until you get back copies of your paperwork, check everything and then decide on your best course of action.
  6. As it is from the Northampton bulk court you can complete your AOS online, follow the instructions in the pack. Make sure you keep to the dates as if you don't they will get a judgement by default. You need to send CPR 31.14 as court action has started. How old is the card? Our Cap 1 card did not have the prescribed t&cs and was thrown out by the court.
  7. This is interesting because when we told the court about this name change the DJ said that as only the name had changed it didn't matter!!! Luckily she wasn't as happy with the failure to provide the prescribed t&cs
  8. Certain DJs will tell you that you are lucky that you only have to pay 12% as it is lower than the original agreement; they ignore all arguments about being notified in advance of a change of percentage or t&cs!
  9. Hi, from my limited knowledge, any documents that they want to refer to must be included in the documents exchange and cannot be added. You have a PM
  10. You need to get in before Cabot start court action with a CPUTR (Consumer Protection from Unfair Trading Regulations) request. This has been known to stop them.........
  11. Well done, a brilliant success. It always seems strange when you win and nearly all your hard work is dismissed, just for one point to succeed.
  12. Hi, the first thing you need to do is to acknowledge service (AOS) of the claim. you then have to decide if you want to defend this. How old is the card and have you made any requests for the original CCA. If you do not want to defend or have no grounds for defence I believe that you can admit the whole sum and request an instalment order from the court to establish a repayment scheme. This will result in a CCJ. If you want to defend you have a total of 33 days to get your defence in. Read the claim form and carefully note all dates and timescales.
  13. I'm sorry that you have fallen foul of the ignorance of DJs and the CCA. I had a similar experience with Cabot and Monument. They get away with total bullsh**. I have been fighting Cabot (again) over a MSDW card and today they have replied that Barclaycard do not have a copy of the agreement and so they are not going to pursue this debt, even though it exists etc.
  14. I don't think that she has any rights and the money should be split equally between the children. You can ring the probate office and ask for the forms. When someone dies intestate there are certain rules which must be followed for dividing the estate.
  15. Just take everything relevant to this part of the case, do not criticise earlier decisions. Have all the paperwork, including judgements and proof of payments. Read up on Mercantile Credit v Ellis and all the bits that I had in my WS and on the debt sites. Mercantile Credit should take precedence. She will have the WS but also write down the bits that aren't in it but which will help your case. I made notes in the margin and wrote out my own speech.Try and think of different ways that it can be said! Finally it isn't life threatening, you will still have your house etc so try not to be upset, angry etc. Good luck.
  16. As pgh has stated you must file a defence, even embarrassed on line. You must included dates of letters sent.
  17. Surely, can't you counter argue that the agreement has ended because they changed the terms and conditions?
  18. I also had a failed CO application by Cabot. I wrote and asked then to confirm that it had been removed and they sent confirmation.(I also double checked with LR to ensure Cabot were telling the truth......)
  19. This not a template, but it is my successful defence against a CO. You may find some ideas for your own defence. I attended with proof of my instalment order and payments. I had submitted my defence a week earlier but then wrote all the bits that I wanted to say but weren't included so that I remembered everything! CO defence master.pdf
  20. Hi, thye have been given permission to apply for the CO, but this does not mean that they will automatically receive it as you can defend this.
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