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  1. Hi Cartaphilus Please understand many people are less experienced in dealing with this matter like myself, I just wanted to share my experience and no mean to hijack this thread. I appreciate your comment those. It looks like an official complaint to OFT is my next move. Thanks.
  2. Hi mellyb I have been following your story with interest as I have similar experience as yours, but with the other DCA. I have recently served this ****** a letter removing my implied licence for them as per the (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.) case. However, they replied and saying this case is dependant on each individual circumstances and only such order to refuse access can come from a Court and not from an individual. As I am still in a reserch for rebuttal, so other CAGgers be prepared. Perhaps someone can comment on this. Sorry for hijacking your thread. Good luck. C2K
  3. Thanks DD I am not sure, but I have already paid the fee £40 for my application to be dealt with without hearing?!
  4. Hi guys Here's an update on my case: I have filed an semi-embarassed defence together with N244 application for an order to strike out. The court acknowledged receipt of my defence and it was being served to the other side. Todate, I received a General Directions Order from CCBC that the application must be heard on notice to the claimant and transfer the action to my home's court. It also says that I may within 7 days apply to set aside or vary the order under rule 23.10. I must file with the court, and serve on the other parties an application that sets out my reasons for the objection. A fee is payable ....... Note: In my statement of defence submitted along with my N244 I did seek directions from the court that the proceedings be generally stayed for a period of 28 days to allow the Claimant to further particularise his claim and clarify the terms under which he claims against me in such details as required by CPR part 16. Such directions to further require that the relevant documents previously requested by me via my recent CPR18 Request dated 09 August 2010 are disclosed prior to me being expected to submit a defence. What should I do now? Do I have to pay the cost for the application to be heard in my local court? Please can someone provide further advice. Many thanks.
  5. Thanks DD Please see an attachment "CPR Part 18 Request" from my last post for details. I see you have recently won a "battle" against Restons, please accept my belated congratulation. If you have no objection I might structure my defence based on yours. Further comments will be appreciated.
  6. Thanks DD Please see an attachment "CPR Part 18" from my last post for details. I see you have recently won a "battle" against Restons, please accept my belated congratulation. If you have no objection I might structure my defence based on yours. Further comments will be appreciated.
  7. Please help! I have today received response to my CPR 31.15 & Part 18 from Restons, I need to file my defence by 4:00 p.m. 25/08/10. Should I respond to Restons, file an ED or fire off a N244 ask the court to strike out the claim on the basis on frustrating my defence? CPR 31.15 Request.pdf CPR Part 18 Request.pdf CPR 31.15 Response.pdf CPR Part 18 Response.pdf
  8. I dont have the original, this is what I was sent together with a copy of recon'd cca that in response to my request under s78 CCA 1974. They never sent me any properly executed cca copy. They may have complied with s78 cca request in this respect. However, I would have believed that the original docs will have to be there at trial according to HH Judge Waksman's judgment in Carey v HSBC case. You have provided some valid points and these will certainly help me prepare my defence. Many thanks.
  9. Hello squidward Agreed. I have just finished reading your thread and found the advice from all those experienced caggers of useful to me too. I will be watching with great interest as your case progresses. Good luck too. C2K
  10. OK, let me clarify. In response to my s78 cca request MBNA sent me a copy of the application/agreement (as previously attached) together with a recon'd cca with full T&Cs. No, I didn't take a copy before returning the application/agreement to the lender. The other side of the copy they sent me is just some promotional material, nothing relates to the actual application/agreement and I have never received a full T&Cs for sure. Just had a good read about s63 of CCA 1974, I believe the s63(1) applies to my case and this cca may not have been properly executed according to s63. as the requirement for Lender to send an executed cca, that would have included full T&Cs including 'Right to Cancel' etc. has never met. Having done my research on the subject about CPR 31.14. I think there's of advantage in getting them to supply the contract they mentioned in the POC, I have therefore adopted and edited the CPR 31.14 request sample letter in the forum and sent to Restons today. It may be too late to perfect the letter now, but please do take a look at the attached copy and let me know if it makes sense. Many thanks. CPR 31.14 Request 03.08.pdf
  11. Hello RWR I am not 100% sure if the attached cca is enforceable as it stands, no creditor's sig, unreadable PTs, no full T&Cs enbedded, (but it was sent seperately as in recon'd format). Please check out my post #42 and further comment will be appreciated. Thanks again.
  12. Thank you for your clarification. Please excuse my ignorance, what's the point of getting them to provide a copy of cca that I have already got. Any particular reason for this porpose?
  13. Hello RWR Having done some reading, some caggers say the Claimant is not obliged to provide the contract/agreement mentioned in POC if the claim is made via CCBC. Confused... How should I word my CPR 31.14 in this instance?
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