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darknight

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About darknight

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  1. I have sent "in dispute" letters 1st credit. I will write to J & Ptelling them that the account is in dispute. Obviously 1st credit have not told J & P that the account is in dispute. Is this not harrassment ? Does anyone know if Judge & Priestly are in house solicitors for 1st credit ?
  2. The original creditors were barclaycard. I can't remember getting default notices. I have CCA'd 1st credit, they are currently in default, as they have not supplied the CCA's. They have said they are getting the CCA's from original creditor. I have received a letter from connought collection's solicitors Judge & Priestly threatening court action on 1 of the cards. So in this situation should I be sending a SAR to Barclaycard and not 1st Credit ? Thanks, DK
  3. Is there any update on this claim ? I am in a similar situation and would be interested in what the outcome was. Without mentioning the bank in question, I think it might be the same bank as myself, as they have no original CCA and on copy of the DN. Thanks, DK
  4. Hi, I have 2 accounts that have been passed to 1st credit. If I want to send a Subject Access Request, do I need to do 2 letters and send 2 fees of 10 pounds, or is 1 enough ? Also please can someone point me to a SAR template letter. Thanks, DK
  5. Does anyone have any information on the status of these cases ?
  6. Their claim is based on the default notcie that they allege that sent to me. If they can't prove that there was a valid default notice, then they have no claim, as their POC state that I have not complied with the DN. The default notice gives you 14 days to comply, after which they can terminate the account and demand the full balance. This is what they are claiming. The abscence of a date in the last line of the POC provides ammunition that they never had a default notice, which is why they have no date in the POC. I only noticed that there was no date last night when I s
  7. The claim form is below, showing the POC : http://i440.photobucket.com/albums/qq126/darknight_man/Halifax%20CCA/POC.jpg Note that in the last line, they say "The balance due as at 0// on said account is xxxxxxx." There is no date, where it says that the balance due as at..... There should be a valid date in there.
  8. I don't think I would be confident in attending the hearing myself. How would I go about finding a barrister ?
  9. The initial credit limit was 500, which in the table on the first page. But as Lilly says, an application form is not a CCA. Section 59 (1) seems quite clear, in that an application form is not a CCA. This is news to me as well. As middenmess mentioned, this single defect is enough to have the alleged agreement voided, and therefore there would be no case to answer. As you say middenmess, I have not come across this either. Are there are case laws that would support this ? This is a very interesting angle.
  10. Yes, what Halifax are saying is that the 'ND000001' reference on the screen refers to the default notice being sent out. If you look at all the evidence, how can anyone deduce from that, that the actual default notice was sent out.....they can't. I have already told Halifax that they will be put to strict proof of the existence of a valid default notice. I think they are relying on me not turning up for the hearing and getting judgement by default. Would I have a better chance, if I had Barrister fighting my corner ? I know it will cost me, but if helps in putting my case forward and get
  11. Here are the documents : The CCA provided by Halifax, it is an application form. It mentions terms and conditions overleaf, but as it is a photocopy, there are none. They also sent their current terms and conditions with this application form. They did not send terms and conditions which I signed up to when the account was opened. http://i440.photobucket.com/albums/qq126/darknight_man/Halifax%20CCA/scan0001.jpg http://i440.photobucket.com/albums/qq126/darknight_man/Halifax%20CCA/scan0002.jpg I requested a copy of the default notice, and received the following letter from H
  12. Thanks for all that hungrybear. I will post some of the documents on here tomorrow.
  13. Thanks for that. Could I do this hearing myself or would I need to get a solicitor or barrister ? Are there any threads that come to light that can help me ? Also even if the CCA was enforceable, would unlawful termination of the account override the CCA, as there is no account, as it has been unlawfully terminated. So their claim could be struck out ? By Halifax not keeping a copy of the original default notice, which is a legal document, which can have detrimental implications, are they in breach of the Consumer Credit (Cencellation Notices and Copies of Documents) re
  14. I have got the date they say the default notice was sent on the screen shot. I don't think I ever got a termination notice. In their particulars of claim, they are claiming the full amount. As far as I understand it, they can only claim the full amount through the courts when they have issued a valid default notice, and I have not complied with it. They can then terminate the account and demand full payment of the account. In their witness statement for the summary judgment, they say that they sent a formal demand after I did not comly with the default notice. Again they say they do not h
  15. Hi All, I have a long running battle with Halifax. In a nutshell, they are taking me to court for a credit card debt. They have produced a CCA, but there are no terms and conditions from when the account was opened, only the current terms and conditions. I have never received any default notice and Halifax have said that they did send it to me first class. They have admitted that they do not have a copy of the default notice. Instead they have sent me a computer screen printout showing that a default notice was sent out, and a blank default notice template. They hav
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