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Everything posted by jamanji

  1. Hi there , yes been to court and sat in a two and a half hour debate, i have to wait on the outcome by post from the judge, i will post up a full list of events when i get the desicion Thanks so much for eeping in touch and i will describe everything when i receive the decision Thanks to SFU i got this far , his nowledge is fantastic, I think my experiance will benefit everyone whatever way it goes Jamanji
  2. thanks AFW hope your husband is better, I dont think they were there ,maybe it was to see if i was serious about defending which i am Thanks again for your support i will keep you all up to date, going to the court this week to see why it wasnt dismissed and what the judge meant in court Jamanji
  3. Hi folks, Well went to court went up , the judge said are you representing yourself Jamanji ?and i had not replied to a section 22 (i think thats what it was ) so she could not dismiss the case, Another hearing on 14th june the judge said i could argue my case then, They were very pleasant , court was not that bad, Im supposing if it were a complete NO PAY UP the judge would have said that. So this gives me time again to rehears, Thanks SFU and AFW, could not have got this far without your kind support so any more advise would be gratefull When i do go up as i said i will ask , are we protected by the consumer credit act or not, If not why does all agreements have it stamped on it, I might get a deal yet, but today taught me dont be afraid of court if you have not commited a great crime So again to GAG thaaaaanks , it gives you the determination and drive to succeed, Ive not won yet , but im not nervous or afraid of court any more
  4. Hi Folks, Well got a SAR two days ago and go to court tommorow , so heres hoping, either going to win or get hung, still no agreement, but do have unlawfull charges but dont have time to claim, my defence s simple im either protected by the consumer credit act or not, section 127 is either the law or not So al let you know how i get on Jamanji
  5. Nice one Rebel I promise im not
  6. Hi rebel, Cheers , will do, anything to avoid dancing on ice
  7. Hi folks, The latest is from Apex Credit and received a letter stating that they have wrote on numerous occasions with no reply from me, now its passed to field agents who will call at my property at a time which suits them Any thoughts on this for the next step Jamanji
  8. would the 1974 version be basically the same or is it the attached wich stands today
  9. Cheers Cerb 50 lovely pages of reading Grrrreat, must be done though, much appreciated
  10. Where can i get a copy of the above act as i will be going to court and need to do some homework
  11. ltd means limited to the companys liabilities not the directors unless you specifically signed a directors guarantee if not i would fight for a misguided sell , this should be clear on the agreement before you signed it, You will not win a fight unless you fight Try everything before you cave in
  12. Thanks AWF and SFU, I will write to them and keep you both updated, many thanks again
  13. Hi Folks, Just had a reply from my SAR they want me to supply a copy of my driving licence or passport, sounds suspicious to me. I have sent a SAR to 4 others and none of them have asked for this , Is this normal or are they trying to trick me ? not sure , can anyone advise on this as i need the SAR before court Jamanji
  14. Cheers HS went to the court myself and got all the advise i needed from them. they were very helpfull Jamanji
  15. Thanks AFW, yip sent a copy to the solicitors, The court pointed out that there sols copy just needs to follow up the court copy as there is no deadline for there solicitors copy Also i have until the 12/04/11 to adjust my defence , so i await the SAR and then will adjust to suit the charges i will also put in my defence, I am learning about all this now and will now read up on the credit act 1974 to arm myself, The court told me to head my paper DEFENCE and to sign and print my name on the bottom, The lady then checked over my defence for me and said it was fine Thanks shadow No problem , needed to go to court anyway to hand it in on time and got some advise from them when i was there, So a win win situation was had Thanks to SFU and AFW im guided on the right direction , its now up to me "to tool myself up" , as they say
  16. Thanks so much AFW Went to the court myself and they were really helpfull Yes it did need to be signed and headed DEFENCE but everything else was just fine Thanks again for replying very much appreciated Jamanji
  17. I will just send it unsigned , i presume that will be ok as all the info is on it Jamanji
  18. I need a bit of advise i have to lodge my defence in court today in scotland and have it prepared . Do i have to sign it at the bottom , cant seem to get an answer on the scottish forum
  19. SHERIFFDOM OF, Jamanjis Address Court Ref. No :- xxxxxxx in the cause of HFC Bank Limited, a Company incorporated under the Companies Acts having its Registered Office at Box 4716, Birmingham, B1 3RD PURSUER(S) Against Jamanji DEFENDER ANSWERS TO CONDESCENDENCE 1.The averments regarding the defender are admitted. The existence of jurisdiction is admitted. Quoad ultra not known and not admitted . 2. A. It is explained that, there is no signed agreement in existence for the Beneficial Finance Credit Card :- Account No xxxxxxxxxxxxxx The agreement allegedly entered into on xxxxxxxxxx is unenforceable under the Consumer Credit Act 1974 Section 60(1) (a) by virtue of , including, but not limited to, 1. No credit limit being specified, nor how it will be notified; 2. No details provided about repayments; 3. No term stating the rate of interest 4. The document not having been signed by the DEFENDER. “Therefore s127 (3) of the Consumer Credit Act 1974 applies, specifically that the court shall not make an enforcement order under section 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)”. PLEAS IN LAW 1.The PURSUER’S averments are irrelevant et separatim lacking in specification, the action should be dismissed 2.The purported credit card agreement which the PURSUERS will present as evidence, does not conform in form or content to Section 60(1)(a) of the Consumer Credit Act 1974 and as such is unenforceable under Section 127(3) of the same Act. The Defender craves that the court uses its powers under Section 142 of the same Act and declare that the purported credit card agreement supplied by the Pursuer as unenforceable. Hi There This is my defense First draft, i have untill 11/04/11 to make any adjustments , can anyone tell me if i should sign it at the bottom or not ??? its to be handed in Today
  20. Hi There, Found a letter from them stating john lewis financial services has been unable to provide a photocopy of my original agreement . Please note that in accordance with regulation 3 of the consumer credit (cancellation notices and copies of documents )Regulations 1983 we provide a recontitited copy of the executed agreement that does not include information which it is permitted to exclude such as the signitures and signiture box They confirm i opened the account on the bla bla blla and held in my name and have bassically acknowledged the debt But still no signed agreement
  21. Hi there, read through AWF s thred, alot of reading, I presume my defence would be the first part as im not going for unlawfull charges, as i await the SAR from them. Mine is an ordinary Action I lodged my intent to defend and paid the £80.00, got a letter from the court stating 23/02/11 is the last day for lodging defences 12/04/11 is the last day for making adjustments to Writ or defences 21/04/11 is the last day for intimating , together with your grounds, a note of any Preliminary pleas 26/04/11 at 10 am is the date and the time of the Options Hearing So do i need to hand in my first draft of defence by 23/02/11 to the court ? How do I write it (Typed on A4 paper with the court ref on top ? ( sorry this is my first time at court) Any help is greatly appreciated
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