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gust

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About gust

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  1. i basically lost as they said the agreement from the carey case was from the 90's and was quoted from the council/barraster. said recon is allowed in this case.
  2. cant appeal - final decision DJ started the trial with "this isnt really my area of expertise" swear word comes here....
  3. PS PPI counterclaim was denied as no proof. unfair charges denied also. so counterclaim denied
  4. Hi all Trial was yesterday and i lost! they said that agreements prior to april 2007 DIDNT need to be a signed and excecuted copy and that a reconstituted agreement was compliant as the carey vs hsbc case was from an agreement from the 90's... so DID apply to my case. The missing default in 2006 was denied as the judge said, well you KNEW you owed the money so denied that no default notice was a problem. TBI sent one AFTER the agreement had time expired so the judge said there was no need for tbi to send me one anyway but they still did anyway. Statements of account - was 2 years missing but the judge said so? you have just received one in the last week off tbi - so this was not allowed and was skipped over. I told them about wrong amounts and TBI has to amend them. I will be paying all thier expenses now too - they put £660 for the trial pack for me to pay. I said that is rather expensive for a bunch of photocopies. the judge knocked off £160 as he agreed it was too much. The judge awarded them 3% stat interest and no 8%. Gutted!!!
  5. Treat each one seperately . My reclaim has been put on as a counterclaim from dca taking me to court. Dont give in with the others. Hows the cca stuff? All placed in dispute?
  6. case moved to local CC now. If Phillip McGuffick -v- The Royal Bank of Scotland Plc if quoted is this going to make impact? still no true copy of fully executed agreement has been given to me - so would this apply or not cheers
  7. Can someone look over the reply to defence? seem to be denying an awful lot - etc I sent allocation and still havent heard anything back from the court....
  8. hi brig recon seems to have ok data - handwritten - no date - or sig or counter sig this is what CAB agreement specialist said about it "The agreement figures were difficult to make out but after going through the agreement they do all seem to match . There doesn't seem to be any charges for credit within the credit figure itself but the agreement does state that the client has paid of their previous agreement from the £3k borrowed which then leaves the client with cash of approx £400. this seems to be a very low amount of money borrowed compared to the insurances added on to the loan of £1k and does raise the issue of why was the original loan settled to take out the new loan. On the face of it the agreement looks correct (although the interest rates should be checked.) But I think further enquiries should be made as the loan does seem dodgy." Statement - from OFT 3 DUTY TO GIVE STATEMENTS OF ACCOUNT General 3.1 Together with the copy documents dealt with above, the creditor or owner is obliged to give the debtor or hirer a statement of account. The form of that statement differs depending on whether the agreement is a fixed-sum credit agreement, a running-account credit agreement or a hire agreement. 3.2 In all cases, the statement is to be prepared only according to the information to which it is 'practicable' for the creditor or owner to refer. This means practicable at the time of the request and in the OFT’s view includes information which can be obtained from third parties. Information may not be available because of earlier failure to take proper steps to preserve information or, if the debt has been assigned, as a result of making insufficient provision in the contract of assignment to ensure the information will be available in order to respond to a request. While this may mean that it is not practicable to refer to the information for the purposes of these sections, it may constitute an unfair business practice not to take steps to ensure that information is preserved and kept available to be used to give information to the consumer. 3.3 The statement must be signed by or on behalf of the creditor or owner. this is not signed. the one they gave for the CCA was 2005 to 2010 - HFC style bank statement covering that period. If they sold the debt would they still have this on their systems? (hfc) the annual DCA ones - only had 2 off them ever - does this make any difference? 77a stuff - does this appy? since the statement spans more than a year? 77AStatements to be provided in relation to fixed-sum credit agreementsE+W+S+N.I..[F2(1)The creditor under a regulated agreement for fixed- sum credit must give the debtor statements under this section. . (1A)The statements must relate to consecutive periods. . (1B)The first such period must begin with either- . (a)the day on which the agreement is made, or . (b)the day the first movement occurs on the debtor's account with the creditor relating to the agreement. . (1C)No such period may exceed a year. . (1D)For the purposes of subsection (1C), a period of a year which expires on a non-working day may be regarded as expiring on the next working day. . (1E)Each statement under this section must be given to the debtor before the end of the period of thirty days beginning with the day after the end of the period to which the statement relates.] . (2)Regulations may make provision about the form and content of statements under this section. . (3)The debtor shall have no liability to pay any sum in connection with the preparation or the giving to him of a statement under this section. . (4)The creditor is not required to give the debtor any statement under this section once the following conditions are satisfied- . (a)that there is no sum payable under the agreement by the debtor; and . (b)that there is no sum which will or may become so payable. . (5)Subsection (6) applies if at a time before the conditions mentioned in subsection (4) are satisfied the creditor fails to give the debtor- . (a)a statement under this section within the period mentioned in subsection [F3(1E)] ; [F4or] . . [F4such a statement within the period of one year beginning with the day after the day on which such a statement was last given to him.] (6)Where this subsection applies in relation to a failure to give a statement under this section to the debtor- . (a)the creditor shall not be entitled to enforce the agreement during the period of non-compliance; . (b)the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and . ©the debtor shall have no liability to pay any default sum which (apart from this paragraph)- . (i)would have become payable during the period of non-compliance; or . (ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period). . (7)In this section 'the period of non-compliance' means, in relation to a failure to give a statement under this section to the debtor, the period which- . (a)begins immediately after the end of the period mentioned in F5. . . subsection (5); and . (b)ends at the end of the day on which the statement is given to the debtor or on which the conditions mentioned in subsection (4) are satisfied, whichever is earlier. . (8)This section does not apply in relation to a non-commercial agreement or to a small agreement. . [F6(9)This section does not apply where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre- arranged overdraft limit.]]
  9. ok the lawyers sent reply to defence and part 20 claim... 1 - save insofar as the same consists of admissions or hereinafter appears, the claimant joins issue with defendant on defence 2 - it is denied that the claimant has failed to provide the defendant with a true copy of the credit agreement on which the claim is based puruant to the defendants request under section 77/78 of the CCA1974. the claimant provided the defendant with a copy od the said agreement under cover of a letter dated 23rd jan 2009, in addition the copy dredit agreement was attached to the POC. the said copy provided the defendant was a true copy as required under section 3 sub section (2)(b) of the consumer credit (cancellation notices & copies of documents) regulations 1983, a signed copy of the credit agreement being unavailable due to the passage of time. 3 - NOA blah blah was 22nd of nov 2007 and OC didnt have to notify defendant. i am not challenging NOA anyways... 4- in respect of para 2 of defence the agreement on which the claim is based was dated 20th may 2005, the term of which was 60 months. the said agreement was due to be repaid by 20th may 2010. in view of this there has been no requirement under the CCA1974 after this date to serve a default notice on defendant. in any event if such a notice was required a default notice was served on defendant dated 15th sept 2011 at his correct address for service. 5- in respect of para 3, it is denied that the claimant has failed to comply with their obligations under section 77 of the CCA1974 and repeat para 2 of this reply. 6 - in respect of para 4 of the defence it is denied that no such amount as claimed in paragraph 4 of the POC was owed to HFC. 7 - para 5 of defence is denied for the reasons set out in the POC and in this reply. 8 - para 6 of defence is denied as although there are within the sum due admin charges the charges only total the sum of £195 and such charges are reasonable. 9 - it is denied that defendant was mis-sold PPI on inception as alleged or at all. in any event the PPI relating was canx on or about 30th march 2007 (YEP i put in spready...) 10 - in response to para 9 and 10 of def. the claimant is entitled to claim both interest and costs in relation to any action as detailed in the T&Cs at para 3 defence to counteclaim 11 - the claimant repeats the above 12 - it is denied that the claimant is indebted to the defendant in the sum claimed in para (a) of part 20 claim as the total admin charges added to the balance amounted to £195 and all sums were reasonably and correctly charged to the account. In any event given the sum due and owing have not been paid by the defendant. 13 - it is denied that the defendant is entitled to interest pursuant to section 69 of the CCA1984 on the sum claimed , on any sum or at all. 14 - it is denied that the defendant is entitled to reclaim any PPI from claimant, any such claim should be made to HFC bank. in any event the PPI was canx on around 30th march 2007 and the sum of £545.68 credited to defendants account (YES!! it was but i still paid stuff before that and added the rebate to the spready) OK... so the above - how do i stand? sent off allocation and now waiting to hear back cheers
  10. Oc mentions claim was 50 50 then changed to 100%. Should he obtain reasonings in writing? Wondering if this is a dispute and worthy of counterclaim should he need it?
  11. Which track do i tick? Its over five k so fast track? Have to send allocation today. Ta
  12. Set aside is getting a judgement set aside thats already been placed. If you do not file a defence you will get a judgement in default and lose the case. If you do not send aos in you wont get extra 14 days to file
  13. Should this claim be against the insured or actually the insurance company?
  14. Hi Is all car insurance covered under section 78 of the CCA 1974/2006 I guess there is manually signed agreements from in a brokers high street premises, internet agreement and also tele agreement. Are these all covered differently by the CCA? or all the same? or not at all thanks
  15. counterclaim filed and on time I have some quick questions on compliance with statements of account for my defence. the one sent back with the CCA request. its dated from 2005 upto 2010 is this covered by 77a? cannot exceed a year per statement? has to be signed by the O.C.? because both of the above isnt done Also the "statement given to you as required by the CCA1974 which is the annual DCA statement - I have only ever been sent TWO from TBI Is this covered by 77A also? thanks
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