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Posts posted by barafear799

  1. Sounds like your missing the N157 Notice of Allocation (you receive this after you have submitted your DQ)..or is this a an application for strike out/summary judgment ? which no directions are provided.





    Thanks for the responses from others - but to respond specifically on this point:


    I did receive the N157 form - allocation to my local court.

    The court date is within the first 5 days of March (don't want to state exact date incase BW are reading).


    At the time of receiving the N157, I was slightly confused - it stated that the claimant had not yet paid the trial fee of £115 and unless it was paid by 2nd Feb, the claim would be struck out

    - I have called the court and they did pay

    - so it's still on.


    Within the N157, it states


    "Having considered the papers in your case, the court believes that your case is suitable for mediation"


    This was a bit strange as well given I had already been through the mediation process.


    It then states:


    "Each party must deliver to the other party and the court offices copies of all documents on which that party intends to rely at the hearing no later than 7 Feb 2018."


    I did not understand as this being a Witness Statement

    - I was waiting/looking for a form/template? (similar to DQ)

  2. Thanks fko;

    My case is very well advanced.


    I have tried to deal with the case so far using info from other threads and also from my own personal experiences - but I have now reached a juncture where I am out of my depth and need some guidance please.


    I have a court case at my local court next month.

    This was set on a date in early March, despite the fact I included "first two weeks of March" as dates on which I would be unavailable.


    I have already been through the Mediation process

    - which was effectively a waste of time;


    at the time of the mediation appointment,

    BW had still not sent me a copy of the original credit agreement

    - I had accepted mediation on the basis it would be received before the mediation appt.


    There was more than two weeks between "accepting mediation" and the actual mediation appt.

    No credit agreement forthcoming.


    Then I get the call from the mediator to say that BW have just emailed the credit agreement to her

    - she would forward onto me

    - this left me with no time to analyse.


    I did get a few days afterwards to accept BW's offer of "settlement"

    - however, their offer was "poor"

    - effectively just knocking off the legal fees they had added on.


    Clearly, I have a lot to upload

    - I'm trying to get things clear in my head to summarise on here to allow you guys to offer me some assistance.


    I may have made a mistake

    - I had the letter informing me of the court case date

    - but no form/direction as to how to complete a witness statement

    - other than a "date"

    - it would therefore seem I may have missed this date.


    Yesterday I received BW's WS

    - a hefty pack detailing all the paperwork.


    I might need to start from the beginning


    This is what the POC stated on original claim form:


    1.The Claimant's Claim is for the sum of £xxx.xx being monies due from the Defendant under a loan agreement regulated by the CCA 1974 between the Defendant and Instant Cash Loans Ltd t/a Payday UK under account reference xxxxxx

    and assigned to the Claimant on 09/12/2016, notice of which has been given to the defendant.


    2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.


    3.The claim also includes statutory interest pursuant to sec 69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to 16/08/2017.


    Copy of the "long awaited" credit agreement they sent


    I don't believe I have received any default notice or assignment

    - although there is mention of the original assignment from the original creditor in their WS pack

    - I will have a proper look.


    However, their handling of the documents has been poor -


    Can I use this to my advantage in court hearing?


    I had a poor experience in court last year

    - losing a case on all points despite the dirty tricks of DCAs and their solicitors.


    I would prefer to be better prepared this time.


    They do seem somewhat closed to accepting any reasonable offer

    - so I think it's a fight to the end.

    Any assistance much appreciated.


    Many thanks


  3. Yes I have a breakdown of their costs!!


    Not surprisingly, they don't seem to add up!! I'm almost beyond caring.


    £444 for various staff working on case, including letters , telephone calls etc.

    We then have "attendance at hearing", with nothing entered, but subtotal mysteriously becomes £1044.

    Then court costs of £760 added on,

    then LPC law attendance fee ,

    2 lots of £135;

    £100 fixed costs on issuing.

    Then VAT added!!

  4. Oh dear. Case found against me.



    Sec 127 did not apply because the judge said that Arrow were not seeking enforcement, just judgement.

    Is there a difference?



    Their lawyer quoted the HSBC v Carey case stating that reconstituted agreements were ok.

    I stated that applied to post 2007 agreements.



    Judge asked me to show him that judgement, I did not have it.

    Also awarded them costs of £2500!


    Didn't turn out well, but very grateful for the help.

    Don't suppose I have right of appeal?

  5. my main course of defence is that as my agreement is pre-2007 the reconstituted T&Cs are not acceptable. I am referring to the CCA 1974 section 127 parts (3) and (4), specifically because the t&c they have provided do not bear my signature?


    The legal jargon in the CCA is a bit hard to follow sometimes.


    I've also checked out s61.

    That appears to be just clarification that the agreement is not properly executed without the signed terms.


    Am I right to assume then that there should/would have been a separate signature box on the T&C along with the credit agreement?


    i.e. could it be argued that they have my signature and these t&c they've dug up were "attached in some way" to the document that is signed?


    I know they've probably admitted it themselves by stating they've enclosed reconstituted t&cs.


    My hearing is expected to take 45 mins, but I'm feeling this should be a "slam dunk" and I will be out, successfully, in 5 mins?

  6. reading the reconstituted t&cs they've sent me, clause 27 refers to PPI - there's no mention on the credit agreement of PPI and I have no recollection of it.


    wonder whether mentioning that clause would help to prove it could not have been my personal t&cs


    Also mentions the T&C for this separate "product" - obviously those t&c have also not been included.


    We will pay the premium for your Loan Payment Protection cover specified in the agreement to the insurer on your behalf.

    The terms and conditions governing this insurance are explained in the agreement and the Egg Personal Loan Payment Protection Policy document supplied to you.


    By signing this agreement, you confirm that you have read and understood the terms and conditions of the Egg Personal Loan Payment Protection Policy document.

  7. Many thanks as usual.

    I'm just trying to get prepared for tomorrow.


    from my own evidence,

    I have a copy of my original defence which I filed online way back when they issued the claim.


    Then I have my witness statement which was sent to the March hearing where they tried to get a SJ against me.


    Should I also show/mention the offer of £2500 they made soon after the March hearing (albeit they claim it was an error and the offer was changed to £9400)?


    Should I be referring to any other cases in my evidence/arguments?

    Or should I simply refer to the section of the CCA that they have failed to adhere to: namely requirement of Section 127

    (subsection 3 and 4) of the Consumer Credit Act 1974 to provide "all the prescribed terms of the agreement"?


    This is a large amount they are chasing me for,

    I want to be as prepared as I can be to defend myself.


    Your assistance is much appreciated.


    Thanks, Bf

  8. Andy,

    as I wasn't at the March SJ hearing and I didn't receive a full explanation from the court, I cannot comment.



    But their letter suggests it was adjourned for negotiation to take place on a settlement and for them to produce the t&c.



    The negotiations consisted of the offer of £2500 later changed to £9400.

    They're also claiming costs of almost £500


    Is this a case I can be successful in, due to the lack of proper t&C's produced?



    Or could the judge be swayed by the alleged signed credit agreement they produced last year?

  9. attached;


    After scanning it, I had to convert it to editable document to redact it.


    In doing this, the conversion has created a few peculiarities - spelling mistakes etc.


    Just to confirm, there were no obvious spelling mistakes in the original document.


    The "important" part about the provision of "reconstituted T&Cs" read as I noted in a previous post yesterday.


    Any assistance greatly appreciated as usual.


    Many thanks (wish me luck!!)


    ok, here goes


    in two parts


    sorry for making it difficult to help me.

    reston WS.pdf

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