nickformbristol
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Advice needed on defending court case
nickformbristol replied to nickformbristol's topic in Financial Legal Issues
It goes with out saying there documents are not complete. Can anyone comment on my defence, am i on teh right lines? -
Advice needed on defending court case
nickformbristol replied to nickformbristol's topic in Financial Legal Issues
Hi Yes CPR31.14 envoked nd still the same S**t docs. what do you think of my proposed defence? -
Hi Guys, I have been going through the paces with Hillensden and now i have amended Particulars of claim to defend. The original POC were thrown out as they were no descriptive and just a joke. I need some advice on how about to defend myself, I'm thinking the following: Item 1 mentions a insurance policy, despite requesting they have not provided any T&C's for the policy or any other details. Can this be used as a defence? Item 3 details repayments etc, the repayment includes the insurance premium, can they claim for this based on the above information? Item 4 they have attached a draft default notice not addressed to anyone, will they be able to submit an actual default when we are before the judge? I will be defending this by way of an embarrassed defence as the document is a draft I cannot defend myself against it, plus the usual CCA compliance stuff. Item 5 again this document has only key pages not actual pages relating to my account, can they produce they when we are before the judge? again my defence will be embarrassed because i can not defend myself until I see the original document. Finally does anyone know how I can find out if Claimant has a current CCA licence? Many thanks and i look forward to your advice
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Hi Guys, I've been dealing with Hillensden, Alpins and all the assosiated muppets over the last year or so, i have requested various items of paper work from them Credit agreement, default notice all the usual stuff. As yet they have failed to provide key documents, Credit agreement with prescribed terms relevent to the agreement (What they sent me was dated March 09) agreement was taken out in 05 No documents relating to the default notice, no assignment notice, or no details of the loan insurance etc. Alpins sent me a letter saying they were going to start courta action, i responded by issuing them a CPR31.14, again they have not sent all the requested documents back to me. I am in the process of responding to the court with an Acknowledge of service form to buy myself 14 days extra, and then send a defence based on POC being to to wooly (They say " The claimant's claim is in respect of banking facilities provided at the request of the defendent and under which the amount shown below is now due and owing from the defendant" That sounds like horse sh*t to me as a POC So my questions are: Looking through the forums i could apply to the court for a 'strike out' as the POC are a abuse of the courts process, do i do the strike out before i post an Acknowledgement of service or after? Or do i apply after i send in my defence to the court? Your advice would be much apprisiated Nick
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Problems with Alpins Solicitors
nickformbristol replied to nickformbristol's topic in Debt Collection Agencies
Guys this has progressed some what, i now have been issued with a court papers. Please help i am getting quite scared about what will happen -
Hi Guys, Can you give me some advice on this letter, i have written to MDB in the past requesting various items of paperwork to prove teh debt is mine and so far they have only come up with a few items. Now this letter turns up, what can they do and how can i defend myself Uploaded with ImageShack.us
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Is this an enforceable agreement
nickformbristol replied to nickformbristol's topic in Debt Collection Agencies
Hi Surely trying to claim the PPI back would mean you are acknowledging the debt? -
Is this an enforceable agreement
nickformbristol replied to nickformbristol's topic in Debt Collection Agencies
OK with the main loan and PPI being lumped together does that invalidate the agreement? -
Is this an enforceable agreement
nickformbristol replied to nickformbristol's topic in Debt Collection Agencies
No nothing on the back, terms and conditions are a separate photocopy. I was told at the time that i would not get the loan unless i had the PPI, so yes it has been miss sold -
Hi, I got a letter from Hillesden Securities saying they now have the information i have been requesting and would like an opinion on it's validity. They have sent me a photocopy credit agreement Terms and conditions which i do not believe to be the same date as the agreement, it says on the back page Mar 09, which would indicate March 2009. The loan was taken out 2005. A copy of a statement from Abbey I am still out standing a original default notice, assignment of debt etc Let me know your thoughts on a reply
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Letter from Hillisden securities
nickformbristol replied to nickformbristol's topic in Debt Collection Agencies
I have provided a link back to the original thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236484-letter-mercantile-data-bureau-4.html -
Letter from Hillisden securities
nickformbristol replied to nickformbristol's topic in Debt Collection Agencies
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Guys, I have received a letter from Hillisden muppets, this is after i requested my Credit agreement, default notice, proof of assignment etc. All the above they have failed to provide after first requesting them 11th December 2009. All i need advice on is the first paragraph Mcgiffick versus RBS were it says there was a ruling on what is considered enforcement. Many Thanks
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