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Mission24

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  1. Yes it was to both parties - please find below; DRAFT ORDER FOR DIRECTIONS: Between Bank of Scotland Plc - Claimant and XXX- Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: * Copies of the Credit Agreement (and not Application) and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations which the claimant seeks to rely upon. * Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended * Document contract or deed of assignment * Notice of assignment with proof of service of the same compliant with s196 of the Law of Property Act 1925. * Copies of any statement or other document relied upon If the Claimant fails to comply with this order the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following * An amended defence sufficiently particularised in response to the documents supplied by the claimant. If the Defendant fails to comply with this order the Defence will be struck out without further order.
  2. Sorry about that Martin.. thank you for merging! Thanks for all the advice guys - just so you know between February and now I have submitted my allocation questionaire, draft order for directions (granted) and I also submitted an embarrassed defence and asked that it be struck out - that was my last communication with the court hence I was under the wrong assumption that the hearing would not go ahead!
  3. Thanks guys I shall report my post now! I should clarify - They managed to scrape some documents through a couple of weeks before the trial (mostly statements and an application form copy etc) but again not ahering to the requests. They've proceeded to submit a notice of change of solicitor from SCM to collections and recoveries (7th June) and wrote to me to say they have received judgement etc, so I'm unsure whether they will turn up tomorrow!
  4. Well I am due in court tomorrow for my hearing of the application I made for judgement to be set aside (as it was made in my absence) and I really need some help on clarifying legally what my reasoning is and what documentation I should be taking with me. They continually failed to adher to requests I made and I then sent a Draft Order for Directions which the court then issued, however they did not respond byt he date given and I wrongly assumed the hearig would not go ahead and I then wrote to the court to consider dismissing the case; XXXXXam the Defendant in this action and make the following statement as my Defence to the claim made by the Bank of Scotland Plc; 1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularise and pleaded defence. As you are aware, I respectfully proposed a Draft Order for Directions which the Court then issued - the Claimant has proceeded to default in complying with the directions given in the case and no documents supporting the claim in the particulars have been offered – I have listed these below; · Copies of the Credit Agreement (and not the application) and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the Claimant seeks to rely on in court. · Default notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended. · Document contract or deed of assignment · Notice of assignment with proof of service of the same compliant with s196 of the Law of Property Act 1925 · Copies of any statement or other document relied upon. 2) I also made a request for disclosure previous to this (CPR 18 and 31.14 posted Royal Mail Special Delivery), pursuant to Part 31 of the Civil Procedure Rules, to the Claimant, to allow me to properly respond to the claim and the Claimant also failed to fulfil the Part 31 request. 3) It is Not admitted that I signed any agreement with the claimant. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 4) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception. 5) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. 6) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing. 7) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimedIn view of the above, it is denied that I am indebted to the Claimant as alleged or at all. I believe that the facts stated in this defence are true and would like to request that the case be struck out, as per the Order; the Claimant has not complied with the Directions given I would be grateful if you could advise of exactly what the judge will want to know tomorrow - I was told it would be held in his chamber and that it would take less than 20mins which has eased my nerves slightly but as you can imagine I am keen to know exactly what I am saying before continuing to defend myself... any assistance would be greatly appreciated!!
  5. Sorry.. neglected to ask what documents, if any, I should be taking along with me?
  6. Hi, I am due in court tomorrow for my hearing of the application I made for judgement to be set aside (as it was made in my absence) and really need some help on clarifying legally what my reasoning is! The case relates to a credit card agreement I have been taken to court by RBS (a Halifax credit card) they continually failed to adher to requests I made and I then sent a Draft Order for Directions which the court then issued, however they did not respond byt he date given and I wrongly assumed the hearig would not go ahead and I then wrote to the court to consider dismissing the case; XXXXXam the Defendant in this action and make the following statement as my Defence to the claim made by the Bank of Scotland Plc; 1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularise and pleaded defence. As you are aware, I respectfully proposed a Draft Order for Directions which the Court then issued - the Claimant has proceeded to default in complying with the directions given in the case and no documents supporting the claim in the particulars have been offered – I have listed these below; · Copies of the Credit Agreement (and not the application) and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the Claimant seeks to rely on in court. · Default notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended. · Document contract or deed of assignment · Notice of assignment with proof of service of the same compliant with s196 of the Law of Property Act 1925 · Copies of any statement or other document relied upon. 2) I also made a request for disclosure previous to this (CPR 18 and 31.14 posted Royal Mail Special Delivery), pursuant to Part 31 of the Civil Procedure Rules, to the Claimant, to allow me to properly respond to the claim and the Claimant also failed to fulfil the Part 31 request. 3) It is Not admitted that I signed any agreement with the claimant. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 4) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception. 5) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. 6) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing. 7) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimedIn view of the above, it is denied that I am indebted to the Claimant as alleged or at all. I believe that the facts stated in this defence are true and would like to request that the case be struck out, as per the Order; the Claimant has not complied with the Directions given I would be grateful if you could advise of exactly what the judge will want to know tomorrow - I was told it would be held in his chamber and that it would take less than 20mins which has eased my nerves slightly but as you can imagine I am keen to know exactly what I am saying before continuing to defend myself... any assistance would be greatly appreciated!!
  7. Hi Guys.. Well BOS have sent me some information but not the information, as requested. They have also changed solicitors and transfered to my local court. I have received a copy of the signed credit card application, as well as a copy of their general terms&conditions and a set of statements dated from 2001. I also received an Allocation Questionaire... now how do I move forward now that they have not complied? Can I write to have it struck out or is it too soon for that? Please let me know if you need any further info!! Thank you
  8. Hi Docman, Have you sent your form to get it struck out yet? Yes, please find a copy of my defence below; "...am the defendant in this action and make the following statement as my defence to the claim made by Bank of Scotland PLC; 1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure (CPR 18 and 31.14 posted Royal Mail Special Delivery), pursuant to Part 31 of the Civil Procedure Rules, to the Claimant, to allow me to properly respond to the claim. The Claimant has failed to fulfil the Part 31 request. 2) It is Not admitted that I signed any agreement with the claimant. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms ofsuch agreement. 3) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its? inception. 4) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. 5) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing. 6) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed. 7) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all and respectfully request that the Court gives consideration as to whether the Claimant?s Particulars of Claim should be struck out under CPR 3.4.2 as disclosing no reasonable grounds and evidence for bringing the claim. Statement of Truth I believe that the facts stated in this defence are true."
  9. A very happy and prosperous 2010 to you all!! Well I have today received from Halifax a copy of the reconstituted version of the executed agreement and a copy of the current terms and conditions. They state at the bottom of the letter that "the information we have provided you with is all the information we are required to provide you with under Section 78 of the Consumer Credit Act. Please note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act." Surprise Surprise they have not complied with the requests made!! Now I've tried doing some research but feel a little overwhelmed with the amount of information, could you please suggest what action I should take next? Thank you as always, Mission24
  10. Thanks as always 42man - will get on with it straight away!! x
  11. Hi Guys, Well it's D-day.. time to put in my defence!! Despite sending the CPR 18 Special delivery and the CPR 31.14 Recorded Delivery, to both the address on the CCF and the Halifax Collections and Recoveries address, I have not had my reqests fulfilled by Halifax/BOS. Although... I have received a statement from Halifax inc. £190.00 Legal Fees!! Aswell as a letter that came from Halifaz Legal Section today regarding my 31.14 request : "Please be advised we have requested a copy Agreement from the relevant department and will revert to you as soon as we have received this." So my next question of course is, what do I include in my defence?.. Do I mention that they have acknowledged my request (well one of them) or do I go with the 'frustrating proceedings' road/put in a holding defence? Any help appreciated once again Lakey how are you getting on??
  12. Brilliant thanks once again guys makes it alot easier and HungryBear SPECIAL DELIVERY for the CPR request will make sure of it and will keep you updated on developments!!!!!.. and probably ask a few more annoying questions before that
  13. Yes Hungrybear agree with you 100%, that's why I want to do everything I 'legally' can. Thank you.. think I have it clear in my head now and yes, it is definitely the 18th that is my last day for defence. Will certainly send it recorded delivery this time - worth every penny!
  14. Hi Everyone.. thank you all so much for your responses - feeling more empowered!! Lakey.. it makes complete sense.. or non-sense on their part!! I understand how frustrating it is, well done for persisting and hope your next update is a positive one 42man I shall certainly use those templates and send via recorded delivery. The links made for very interesting reading, many thanks!! Docman/Hungrybear I sent the CPR request previous to any court claim and had no response from them. Still a little concerned about the time I have - if I cannot file a defence later than the 18th and BOS have 14 days to respond, would today have been the last day for me to send out the request?
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