On 23/04/2019 at 15:41, Andyorch said:

...That default summary from their own internal systems was recently dismissed on another thread as there could be no proven link to the OC or the service of a valid default notice pursuant to sect 87.1 CCA.

 

Andy

Just leaving this here as a reminder to ask you if you've got a link to this. I was unable to find it.

Right, I'm holding my horses. Let's see what happens next.

ok, after reading the law gazette piece on Carey v HSBC Bank [2009] EWHC 3417 (QB), I don't understand if/how it might apply to my case? 

ref: https://www.lawgazette.co.uk/law/consumer-challenges-to-bank-charges-and-loan-agreements/56790.article

How does this look as a response to their latest letter? Would it be harmful to my case?

On the evidence you have provided after 2 years ie some cobbled together screenshot from who knows where, I believe the requirements of Consumer Credit Act 1974 c. 39Part VII Default notices Section 87 have not been met.
 

That screenshot can not be evidenced to Sainsburys accounting services software and is possibly recreated to fit the claim.
 

In any case, evidence of a default is not evidence of service and does not satisfy section 87(1)
 

Further, you have not provided an entire original agreement, just one page. The remainder is simply a stock printout. With regard to  Section 61 1(a), Section 127 1(a) and Section 65 (1), an application form cannot be an executed agreement unless its returned back to the applicant after application and executed with all the prescribed terms.

 I believe that the case does not stand on its own and that even in the event of a district judge finding otherwise, there may be  the possibility of an error in law if failing to consider the above.

Well this is stressful

Perhaps it would be useful (or at least cause no damage) to write to them raising the points you've made in the last few posts?

I understand it would not indicate advice but if it were you, would you let them make the next move?

I'm not great at interpreting legalese. Is there wiggle room here for the judge to uphold their claim? Would this potentially be an error in law?

For reference here's 87 from http://www.legislation.gov.uk/ukpga/1974/39/section/87

Quote

 

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

     (a)to terminate the agreement, or

     (b)to demand earlier payment of any sum, or

     (c)to recover possession of any goods or land, or

     (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

      (e)to enforce any security.

(2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective
 
(3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security.
 
(4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

[F1(5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).]
 

 

Attached agreement. They only included one page of the actual agreement. The rest seems to be a stock copy.

Edit: pdf upload failed. Only 2MB. Trying again

Edit 2: It's giving me error -200 so I'm uploading to google drive. Hope this is ok.

Agreement link:- https://drive.google.com/open?id=1djx3qpQ629xE8I8UG5LD0SZJRko-RCV9

49 minutes ago, Andyorch said:

The letter you uploaded in post #64 states what they have disclosed.Where is the agreement have you uploaded it ?

Sorry Andyorch I'm browsing on mobile and post #64 is different. This is what I see. I'll upload the agreement as PDF shortly...

17 minutes ago, Andyorch said:

Did they provide the agreement as per post # 64?

They have provided a signed credit agreement. Not sure how that links to post # 64

I received this letter dated 02/05/19

Same question as usual. Should I respond? Thanks!

It's the "apply for summary judgement" part that caught my attention.

I don't know whether to act on the letter?

19 minutes ago, dx100uk said:

use the google custom search top right not the one in the red banner nor advanced.

I've been trawling through manually and searching on 87.1, Cabot, dismissed, default notice, default summary etc and various combinations.

No luck at all and I'm normally OK at this stuff.

48 minutes ago, Andyorch said:

I will see If I can find it but check any Cabot thread on the 1/2/pages here marked Dismissed.

Sorry, I haven't succeeded in finding the dismissed cabot claim in legal successes. I do like your advanced search tool btw but it's not doing it for me. Garbage in, garbage out most likely.

So, no action on my part just yet?

Don't suppose you've got a link to the thread in question or relevant case details?

I've had a document pack through the post re this old claim.

They have provided some of the info requested in 2017 but notably not a default notice. Just "default notice data"

I attach the covering letter + the "default notice data"

There are around 30 other pages, mostly statement data, not copy statements, just data print outs with statement info. Not sure if this is worth mentioning.

Hi Obvious, how did you get on today?

 

All go well I hope

It was a good result. I had a chat with the claimant's legal representative and negotiated a Tomlin order which the claimant agreed to. I have to pay a nominal amount per month basically forever. No CCJ and no need to argue the case which I feel in the end was largely about my ability to pay.

I took the view that my technical defence was countered robustly in every regard so an agreement was definitely worth negotiating.

10/month till I'm 105.

Result

Happy new year all.

The case is tomorrow morning. What happens procedurally? Do I literally just stand up and read through my defence and statement word for word after the claimant?

Well they've provided a copy letter from tesco to me notifying me that the debt had been transferred to the claimant...so that's that line of defence ruled out.

The hearing is at 11:30 on the second of January.

Advice or suggestions for the hearing or anything to do beforehand would be appreciated.

Merry Christmas all

Thanks for all your help.

It was a long time ago.

I dont recall originally filling in any agreement in order to get the credit card.

I did send a s.78 CCA request.

They did not respond to it directly but did include details of electronic (ticked) application and paper (not filled in)application in a letter responding to my CPR31.14 request.

Any last thoughts?

I'm gonna have to start printing the witness statement in a few minutes

Witness statement posted.

Were there any amendments or comments you would have made if we'd had more time?

Anything I can take to court on the day?

I dont recall completing or receiving either but it is of course the online one they've provided which has the tick in the box.

Only the paper application asks for cardhbolder details, employment details, financial details, additional cardholder details.

Paper form mentions they may increase the credit limit from time to time.

Signature boxes vary. One says tick, the other says sign.

Only the paper form asks if various payment protection insurances are required.

Only the paper form has a page titled “In Summary” (page number on bottom right is 15 in previously uploaded pdf.)

Only paper copy has “Tesco Clubcard Credit Card General Conditions” and insurance policy summmaries (page ref 15-19) of previously uploaded PDF

Their point 5? Oh, in their witness statement, got it

I've already had their witness statement. Most of which is in my previous unapproved upload so I guess I'll get their copy off too today.