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upto the eyeballs

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  1. Update........ Went to court for N244 application, Other side did not bother to turn up! Judge asked what I wanted and why, explained I has made an error and suspected unlawful charges, had requested proof of debt etc but received nothing. Judge then decided to allow N244 application to defend the whole claim and also decided to slightly re-write my AQ making an order that CL Finance supply CCA, Default/Termination & Assignment Notice. So initially a good result. If CL or HC's don't supply info then I am to apply for an unless order. Keep you all posted , thanks for all your help so far!
  2. Thanks for all your help everyone, Letter has been sent requesting they withdraw there case against me and advising them without a credit consumer agreement the debt is unenforceable by law. Unless situation changes I will wait 4 weeks and then try writing to the court/judge asking for the case to be thrown out, failing that do a N244 application. Not sure what HSBC can do, they have admitted they don't have original cca or default notice or any copies of them?
  3. Update.... Hearing is in 7 days, what should I be taking with me to court ?
  4. Update... Letter from court advising that my N244 application will require a hearing
  5. Hi citizen b, sorry got a bit mixed up, HSBC wants me to withdraw my embarrassed defence and submit a fully particularised one which I can't do until they provide me with proof of debt. Sent one last letter advising them account is still very much in dispute and pointing out a blank cca agreement with no terms at all mentioned does not constitute a cca. Explained that without a valid cca agreement the debt is unenforceable by law and they should withdraw there case against me. Will keep you updated...
  6. OK update... Sent letter before action to card processing company. Apparently they are a UK based company therefore they should not be processing illegal transactions? Any ideas if I am correct ?
  7. I filed an embarrassed / holding defence to this claim as they did not provide any proof to amount claimed. The POC just documented amount owed / claimant. I am thinking of sending one more letter stating:- 1) My withdraw my defence as they have failed to provide any proof of debt. 2) SHould the case go before the judge they will have to provide true copy of cca, default notice etc. (A blank agreement is not acceptable) 3) Request they discontinue there claim against me as they have no real prospects of winning Any thought?
  8. Hi CCmug, Solicitors are HG, HSBC in house team. My other case is Cohens / C L Finance. As mentioned I have heard nothing from court since they acknowledged my defence. No AQ etc.
  9. Thanks 4 reply citizenb & mr Mt This credit card dates back to 1994 or maybe earlier, can't quite remember. It's them that are asking me to amend my defence, I have not heard anything from the court since I filed a defence. The claim was started last August and is currently stayed (awaiting claimant to proceed further). My opinion is that if there is no cca then there is no debt full stop?
  10. Update........... Received letter back from HG Solicitors and.... 1) They have provided me with a totally blank (computer generated) piece of paper and state "This is a copy of your agreement as required by the Consumer Credit Act 1974" This is what they have sent: copy hsbc cca picture by ratrambo - Photobucket 2) They state they have already supplied to me a copy of the default notice which again was a totally blank (computer generated) piece of paper. 3) They then state that HSBC do not have the original documents. 4) They sent me a computer print out apparently proving that they sent a default notice (I never received one) 5) Finally they are asking me to withdraw my defence as they have complied with the CCA request and Default notice copy. They also sate that they are now going to apply for summary judgement. 6) They advise that if I wish to continue to dispute the amounts owed I should submit a fully particularised and substantive defence. In summary they don't have a copy of the cca or the default notice, they want me to withdraw my defence and should I still dispute the amounts owed I should submit a fully particularised and substantive defence. OK so where do I go from here ?
  11. thanks ccmug, been away for a while? was thinking the dca's took you hostage. lol
  12. OK this is my second draft for N244 application that needs to be sent today. Thanks for everybody's help please have read and reply if you think anything needs adding or deleting. N244 Application Draft (Asking for permission from the court to withdrawal my previous part admission and file intention to defend the whole claim) That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim. Being a litigant in person,I was not totally conversant with procedures,I felt intimidated to act,in view of pressure from the Claimant. I respectfully ask that the Court take these factors into consideration I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since 25th November 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action. Credit Consumer Act 1974 Section 78(6) states: If the creditor fails to comply with subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. And will send the following witness statement: IN THE ******* County Court Claim No: BETWEEN: [ ] Claimant and [ ] Defendant Witness Statement I am the defendant in this case. xx/xx/xxxx N1 claim form issued via Northampton (CCBC) xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent. (See exhibit EX1) xx/xx/xxxx Part Admission submitted via Money Claim Online xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.(See exhibit EX2) xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998) (See exhibit EX3) xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing. xx/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence. xx/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the 25/11/2008. (See exhibit EX4) xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt. (See exhibit EX5) xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete. xx/xx/xxxx Allocation questionnaire submitted.
  13. Thanks for all your help, any more thoughts?. Really need to get this N244 completed.
  14. OK not really sure what to do but here goes, Section 3 - What order are you asking the court to make and why? That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim. Being a litigant in person I originally completed the part admission via Northampton (CCBC) MCOL I was unsure of what to do or of the amount owed and felt pressured into doing something as I was receiving threats from the claimant. I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since xxth xxxxxxxx 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action. Credit Consumer Act 1974 Section 77(6) states: If the creditor fails to comply with subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement Section 4 - Have you attached a draft of the order you are applying for? Not sure what to do here, my order above seems quite simple?? Section 5 - How do you want to have this application dealt with? without a hearing Hope this is OK, Don't see why my order request would need a hearing? Section 10 - What information will you be relying on, in support of your application? Tick box 1 - The attached witness statement Tick box 2 - The statement of case Tick box 3 - The evidence set out in the box below Now this is where I am a bit stuck, what I plan to do is a witness statement outlining what has happended with this claim to date outlining all correspondence sent/received. IN THE ******* County Court Claim No: BETWEEN: [ ] Claimant and [ ] Defendant Witness Statement I am the defendant in this case. xx/xx/xxxx N1 claim form issued via Northampton (CCBC) xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent. xx/xx/xxxx Part Admission submitted via Money Claim Online xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors. xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998)8) xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing. x/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence. x/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the xx/xx/xxxx. xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt. xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete. xx/xx/xxxx Allocation questionnaire submitted. Any advice would be much appreciated, can't find any information on N244 application (Withdrawal of part admission)
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