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worriednanxious

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Everything posted by worriednanxious

  1. I don't know what MCOL means but this was a claim from Gateshead county court. I returned defending all the claim and his was returned admitting liability and completing the income and expenditure stuff. They were returned early last week - is it too late for his to be changed? How could he go about getting it changed? What will happen if it can't be changed - could we get it set aside if it is ruled on this and then defend later? So many questions I'm panicing again now!!
  2. Would love to do that Andy but he sent his to his Debt management company who admitted liability before I could get them to stop! So I'm just wondering what might happen as I'm defending it. Is there anyway he could withdraw his admittance - they had to be back middle of last week i think. I don't want this to be mucked up now!
  3. Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.
  4. Thanks Andy - will get a look at anything I have on this tomorrow and will update as required. Surely they would have had plenty of page two's being a big company - couldn't they just use any 2nd page for this sort of agreement?
  5. Just under the declaration by you part the first statement is: You confirm that you have read and understood the terms and conditions above and overleaf; your particular attention is drawn to Clause 14 overleaf. Although thinking back I belive this is a copy of the original we signed - which if I remember right was a faxed copy of the agreement. I have literally just spoken to my ex who miracously has found a folder of old paperwork regarding mortgages etc. He will be handing the whole thing over to me tomorrow so I can double check whats there and what we did actually have when we signed. If we signed a copy that was a fax and at the time only had page one - could this make a difference?
  6. Thanks Andy - I will send the defence off to the courts tomorrow. Should I include the defence you gave regarding the interest payments - only because again I don't know if they are rightly claiming because I don't have the entire agreement? In regards to the agreement - do the statements regarding monthly amounts conform to the credit agreement act? I know we will have to wait for the rest of the t&c's before we can discover if anything else is wrong but the DN seems like a great place to start. Thanks for all the help
  7. I don't know about that part being stipulated in the agreement - I don't have the readable copy with me so will check when I get home. In either case I don't have the full agreement just page 1! I will check what I have and pop back later to let you know. I have checked the part of the agreement I have - although the copy I have isn't much clearer than the scanned copy. I do only have page 1 of the agreement and most of the terms are on the 2nd page, which they haven't provided me with! I have subject access so can only wait to see if the other page turns up. with regards to monthly payment amount not being stated they do have a about 5 or 6 statements underneath the amount and period stating that the monthly payments may be adjusted due to changes in interest rates etc. This loan was from the Northern Rock together Mortgage product - the mortgage part has been cleared via a re-mortgage so we only have this remaining. Does any of this affect my defence? Any answer on paragraph 4? Can I include that in my defence if I don't actually know if they are included?
  8. Thankyou everybody for your help. The POC are: The Claimant's claim is for the sum of £2xxxx.xx being the amount due on account ref 12345678 being a credit agreement regulated by teh consumer credit act 1974. A consumer credit default notice has been served by post on the defendant and has not been complied with Interest continues to accrue on the amount due at the contractual rate stipulated in the credit agreement. Have also just noticed that the amount they are claiming in the court is more than the amount on their termination notice - could this be an error or interest? Thats all. Will the defence do, should I leave paragraph 5 in? Thankyou so much for your help with this - I was really worried and concerned before finding this site but am feeling loads better about it now.
  9. Can anybody advise - should I leave in paragraph 4 as I don't know if the requested figure does include such fees etc because I have not received a full breakdown as yet. Would like to get this off this afternoon so any help would be appreciated. Thanks:)
  10. Ok I have compiled the following defence with a mixture of the defect DN and noting that I cannot compile further defence until additional information is received e.g statements etc. Can somebody advise if this is ok - I need to get it in the post by Thurday. Thankyou;) 1 The Defendant admits entering into an agreement with Northern Rock and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which Northern Rock and/or the Claimant may have complied therewith and the extent to which the Defendant may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part. 2 Without prejudice to the generality of the facts and matters set out at paragraphs 1 and 2 above, the Defendant admits the receipt of the default notice relied upon by the Claimant, namely a notice dated 25 September 2008. Save that the notice was served upon the Defendant on a date thereafter and that service was by post, the Defendant is now unable to recall on what precise date and by what precise means the notice was served upon him/her. The notice failed to specify a date being a date 14 days after service of the notice or any date after service by when the Defendant was required to comply with the notice. Alternatively, the date specified in the notice by when the Defendant was required to comply was before 13 October 2008 which was not a date which was 14 days after service of the notice. 3 Further to the matters set out at paragraph 2, the Defendant avers the Claimant terminated the agreement on or after 8 December 2008 and pursuant to termination that the Claimant has since made demand of the Defendant for the payment of money the subject of this claim. 4 Further, incorporated within the sums demanded by the Claimant are sums claimed for administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of any breach on the part of the Defendant. Alternatively, the Defendant avers the incorporation of such claims is penal and unenforceable at law. 5 Further and in any event, by reason of the matters set out at paragraph 2 of this Defence and the requirements of section 87(1) of the Act, the steps taken by the Claimant and identified at paragraph 3 hereof were steps which the Claimant was not entitled to take. 6 In the circumstances neither the Claimant’s default notice nor its termination of the agreement gave rise to an entitlement to claim any of the relief now sought by the Claimant. 8 The Claimant’s claim to be entitled to £24, xxxx or any other relief following termination of the agremeent is denied. 9) Further The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or preceding the alleged cause of action. No particulars are offered in relation to the method the claimant calculated any outstanding sums due. 10. Further to the case, on 18/03/2009 I requested the disclosure of information pursuant to the Civil Procedure Rules Part 18, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, repayments by myself. 11. Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974. 12. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. 13. Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 10. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly. 9. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 2005, the Consumer Credit Act 1974 is the relevant act in this case should it be suggested that this agreement comes under the Consumer Credit Act 2006. I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE. Signed: Dated:
  11. Right thats seems like good news - I'll get looking on creating a defence based on this information tonight - then I'll post it up for comments. Does anybody have any pointers/links for defences of a similar nature - i.e the DN error and the possible CCA error, I have been searching for a while. Thanks:-)
  12. Hi Supa, yes the loan was in joint names, I have reloaded the docs hope it helps. I did try to find the info on how to do it but couldn't. I'm quite new to all this sorry!
  13. Have tried a different method, hope it works I would be grateful for any advice people can give regarding this, my defence needs to be in by the end of this week. Thanks Formaldemand.doc default.doc Default2.doc creditagreement.doc
  14. OK I have the documents back from Eversheds - I have attached them all so people can advise appropriately. Don't know if this confuses things further but it appears that my Exe's CM company admitted liability - does this mean that judgement will be passed automatically even though I am defending it? Thanks for any assistance that can be given on drafting a defence - or anyway to sort this out at least for me. I can probably raise £10k for my half of the loan if needed - but I don't and can't afford to pay for it all. My Ex happily admits liability and wants to pay it if they will sort an arrangement with him.
  15. Thanks Supa I'll be sending that letter this afternoon as well , I guess then I have to sit tight and see if anything comes in before the defence has to be sent. Any ideas on what the defence will be if information hasn't arrived?
  16. Hi I am hoping somebody can provide advice on next steps please. For background my left my husband last year. At the time we had a Together mortgage with Northern Rock. He remortgaged the joint property and paid the existing mortgage -job done. He did not repay the loan but agreed that he would continue to pay instead of buying me out of the property - I agreed. Unfortunately he has fallen on hard times and agreed a repayment through a debt management company for reduced payments to NR. They are now taking us both to court for the full amount. I only found this forum a few days ago, the Court Order was dated 3rd March, I responded with an AoS yesterday and sent a CPR31 request to Eversheds as well. I know my defence should be back at the courts by the end of March - can I do anything in the meantime or do I just wait for a response from the CPR request. I cannot post any of the agreements or DN or Termination of the agreement because they were not sent to my new address (even though NR had it!) and my ex just kept sending them the the Debt Management company thinking they were resolving it. Any advice on what to do next would be great - what should I do if I don't get the CPR information back in time?
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