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Everything posted by vint1954

  1. Here you go Dotty, http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html Hae you tried more coal in the Laptop! Usually works for me.
  2. The Brandon v Amex appeal, states that iregularities within the DN are NOT de-minimis
  3. There is a defined requirement for a valid Default Notice to lawfully terminate an Account whilst in default. Notwithstanding the matters pleaded above, the Claimant must under Section 87(1) of the Consumer Credit Act 1974 serve a valid Default Notice before they can demand early payment of sums not yet due under a Regulated Credit Agreement. I refer the Court to the recent ruling of HHJ Chambers QC sitting as a Judge of the High Court in Keith Harrison vs Link Financial Limited EWHC 2011 B3 where at paragraph 75 when addressing a default notice he stated……… The notice of enforcemen
  4. Couple of points that may help your WS, if you have pleaded them: In any event I can show the Court that on balance the documents relied upon by the Claimant do not satisfy the requirements of s78 and I will refer the Court to the case of Carey vs HSBC [2009] EWHC 3417 (QB) and also the Court of Appeal ruling in Devendra Kotecha vs Phoenix Recoveries [2011] EWCA Civ 105 which show that the documents the Claimant provided do not comply with s78 (1) and accordingly the Claimant is not entitled to judgment. There are a number of reasons why the documents produced by the Claimant do
  5. Your witness statement will be crucial. Have they fully complied with any s 78 request? Was this an application form? Was the DN complient?
  6. You could have gone on the disputed debt as well. It is filed now so just sit tight.
  7. Bev, Is the evidence that the court is waiting for, connected to your CPR request?
  8. What on earth do they mean " the defendant is put to strict proof" It is your defence, they have to prove the other way! It is not for you to prove. Idiots! ( them that is)
  9. Indeed will. Hopefully the judge will throw the SD out,as they have nothing else to go on. Judges do not like the SD system used as a means of debt enforcement.
  10. Will, Did the court suggest that they had not even received the SD application
  11. It appears that they have sent the SD to the wrong court.
  12. Fingers crossed Will. Keep in touch with the court by phone, to see if there is an outcome.
  13. Dotty, A point for your DN defence The Default notice is a bad notice. I refer the Court to the recent ruling of HHJ Chambers QC sitting as a Judge of the High Court in Keith Harrison vs Link Financial Limited EWHC 2011 B3 where at paragraph 75 when addressing a default notice he stated……… The notice of enforcement 75. The notice of enforcement was a statutory pre-condition of enforcement. It was a bad notice and enforcement CANNOT be attempted in dependence upon it. ………………………. Accordingly the Claimant cannot enforce the agreement due to the fact the notice is indee
  14. As 42man says, YOU MUST ATTEND. You will need to put your case in person.
  15. Have you heard back from the court as to the stayed status? If not, it may be worth a call to Northanmpton.
  16. Hi Dotty, If Barclays issued you with a DN, which I presume that they did, the new owner cannot Default you again. They can only update that notice. When they purchase a debt, they take on the liabilities and responsabilities of the OC, in an absolute assignment. Where are you with that one Dotty?
  17. Yes, you need to send a copy to the court. You may be able to do this online, but I would always check with the court by phone after. Also do not let the date for submissin of your defence slip by. If the court has not extended the time, all you can do is submit the defence you have, with the caviat that you can amend your defence, once the claimant has supplied the documents you have requested. DONT TRUST THEM TO PLAY FAIR. Once you have all of the documents, then you have 14 days to submit your defence. Watch them like a hawk. It may pay you to PM Andyorch of ask CitizenB to
  18. No, if it is DLC that owns the debt, then they MUST respond. The only time to send anything to Cahoot, would be if you sent an SAR to them.
  19. The CCA request and the letter need to go to whoever owns the debt. If that is still the original greditor, then it should go to them.
  20. You should send the letter in post 6. If you are only paying £1 per month at the moment, I would keep on doing so for the time being because if you stop now, it could sting them into life. It will be unusual for a Creditor just to give up in the eary days. As I have said before, unenforcability is not a short journey and you don't want to get it wrong. You need to press them to comply with s78 forst of all. If they do not, or cannot, then the next stage is to decide what to do next, but you must get it in writing before thinking of anything else. I have postd before what they need to
  21. Those charges will be in your agreement with Argos and will be for specific situations such as going over your limit, failing to make a payment. NOT for sending a letter. As CB says, respond by stating that you are in an agreed payment plan with Argos and that they must return the account to them. Failure to do so, will result in a complaint to the OFT.
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