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Nurselayer

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  1. Ok, the judge ruled that they HAD NOT COMPLIED with my S.77 request and as such stayed the claim as until they comply with my S.77 request the agreement is unenforceable. The FCA say: Guidance on the duty to give information under sections 77,78 and 79 of the Consumer Credit Act 1974”, in particular I should like to look at Part 13.1.6 “Failure to Comply” which states: (1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement. (2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement. Therefore, as per the above, the agreement is unenforceable.
  2. I disagree. I think that they are misleading me in by not stating that the agreement is currently unenforceable. I'm going to make the complaint. I don't see it can damage my position.
  3. Ok, let's look at it another way. What have I got to lose by making a complaint to the FCA about this?
  4. It's not that I'm getting upset about it, I'm just wondering if I can use it against Erudio/Arrow Global so as to make any alleged debts completely unenforceable forever. At the moment the case is just stayed, if Erudio did miraculously find the stuff to conform with my S.77 request then I'll have to go to court all over again, and I'm not sure that I can face that - it's been a really big strain on me for the last 3 years. If I can find some magic bullet that will blow this away completely then that would be perfect. Who are you talking about here? Arrow or Erudio?
  5. But surely by sending these they are breaking the FCA guidelines, as I quoted?
  6. Hi folks, Today I received to NOSIA letters regarding my accounts, they also came with FCA information leaflets. Now, if we look at the guidance given by The Financial Conduct Authority in its Consumer Credit Source Book, in particular at Chapter 13, “Guidance on the duty to give information under sections 77,78 and 79 of the Consumer Credit Act 1974”, in particular I should like to look at Part 13.1.6 “Failure to Comply” which states: (1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement. (2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement. (3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not. (4) The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable. Given that the judge ruled that this was stayed until Erudio fulfill their obligations under S.77 of the CCA and Erudio have not sent me anything other than these two NOSIA letters, can (and should) I put in a complaint to the FCA about them breaching the above guidance? Also, at the bottom of these letters, it states that "Your account is administered by Arrow Global Ltd...Arrow Global Group is authorised and regulated...by the Financial Services register under registration number 718954. - Except, if you look up that number on the Financial Services register Arrow Global are no longer authorised by the FCA. The question is, could I (and should I) put in a complaint to the FCA and will it effectively make any alleged debt completely unenforceable in perpetuity? Isn't it illegal to attempt for companies to attempt to enforce debts if they aren't registered by the FCA?
  7. Question. Regarding the costs awarded. Can I dictate how they pay these, for example, by cheque? I do not want to give out my bank details to them and I know they are going to say that they only pay by bank transfer.
  8. You need to post the Default Notices and everything else. Have you made a CCA1974 s.77 request to them yet? If so, have they replied to it?
  9. Well, turns out they can! I asked the judge if I could speak first as I said that I had serious concerns that they were going to present evidence that could prejudice the case against me and he refused this and said I'd have time to present my side of the case after the claimant had put theirs. He asked the claimant's representative to put their case and then asked him various questions about different elements of it, notably the Notice of Assignment, the absence of a proper court bundle and then Erudio's response to my CCA s.77 request. The judge asked for proof that they had responded in full to my S.77 request and when they couldn't provide evidence that they had, he ruled that the case be stayed until such point as they fully comply with the S.77 request. I did ask him to kick the case out due to the length of time that they've had to respond the s.77 request but he said that he felt that from the evidence that he'd read he thought that my defence on limitation was destined to fail and as such he would be depriving them of justice if he kicked it out. He refused to hear any more details of the arguments around limitation. I asked him to put a date where they had to comply with CCA74 by and he also refused to do this. I asked for him to award costs in my favour, and he did so. They now have to pay me £160 by 19th December. I cannot believe this is still going to be hanging over me, so not a loss but also not a win. It does feel like a loss as I truly believed this was going to be over one way or the other today. So, looks like you don't get rid of me that easily!
  10. This will probably be my last post before the hearing. Whatever the outcome I'd like to say a massive, massive thank you to all those who have helped me with this issue, all those who've posted advice, all those who've helped me with the wording of things, all those who've shown an interest. In particular I'd like to thank Andyorch, Dx100uk who have been incredibly patient and supportive all the way through this process. An honourable mention for Bertman too, who directed me to what could be an invaluable tract in the Doyle v PRA Group case. So, wish me luck, I am aiming to absolutely eviscerate them tomorrow, to win costs against them and to ensure that they can NEVER resurrect this claim again. As I said, once the case is over I shall post all my witness statements and arguments so that I hope that others may be able to use them to defend any future claims that Erudio/Drydens make.
  11. I go to court for the hearing tomorrow. I'm pretty sure I've got a pretty compelling case. My only question is there is a case where the judge ruled that because a lender had not complied with a Section 77 Request under the CCA 1974, it was too late for them to comply with it after the hearing. Anyone got any idea which case/judge/date this was? I will be posting up all my defence/witness statements etc after the case is concluded.
  12. CONGRATULATIONS! I've got my court hearing coming up very soon and so it is very, very heartening to see a case where Erudio have lost. I'm going to PM you as I may wish to use, "It is particularly important and incumbent on the Claimant to provide a defendant with every opportunity to defer" in my case, for which I'd need the name of your case and your judge.
  13. I'd be very careful about signing and returning the Tomlin Order until you've had further advice. You may be better off just appealing to the judge to dismiss Erudio's claim as they have not complied with the Court Order in the time specified.
  14. Can the claimant submit further evidence etc between now and the new hearing? Or must everything stay as if the hearing was held on the original date?
  15. Feeling absolutely devastated. Just had an email from the court saying that they've not got any judges to hear the case on Monday and so it's being adjourned. I feel absolutely crushed by this. It's not fair of the court to mess with my mental health like this. What can I do?
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