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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

inthewind

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  1. inthewind
    Okay, having gone through things in a little more details I've got the following:- Account fell into arrears on Feb 2004, approx balance was £1,677 By Aug 2004 it had gone up to £1,992 I rang MBNA to ask about what charges were applied and the lady told me she could only go back 12 months on her system, so maybe an SAR needed here to get full details (would charges have any bearing on this case?) Account numbers seem to have changed from what was initially on the first letter I got in 2004 to what I've received more recently. (There are three difference account numbers quoted between the companies that deal with this case since 2004. My letter of assignment does not state the balance assigned, does this matter ? I received a ;letter before action; in April 2001, the balance was £1885.36. I received a letteradvising of litigation the same date that the CCJ form was issued (their charge for the litigation £102) CCJ form claims debt of £1987.36 + interest of £183.94 (@ 8% from 25/02/2010 to 06/06/2011) totalling £2171.30 + £75 court fee = £2246.30. CCA request was responded to with 2 of 4 pages, no APR stated, no current terms and conditions etc, just the original CCA. The statement of account was the last 12 months of payments, not since they took the account over in 2008. I also spotted a number of letters requesting a statement of account and details of any charges that I had written over the years, I never received any information on any charges that had been applied to the account ! Now I just need to read up on DN's and the relevance of not being given enough time to remedy them. I also note, I never received a termination letter, but not sure if one is required before court action is started. Having not terminated the agreement, are they able to just issue a new DN which is compliant ? Any thoughts on all this ? I'm tempted to get a solicitor but not sure if one is needed just yet or only if this goes to court as I'm not proficient in the legalities enough to make a stong defence with on the spot questions and cross examination (does that happen in these sorts of cases?). Wow, so confused.........
  2. inthewind
    Thanks, I managed to get the creditor to agree an extention for me to file my defence. I now have until the 21st. So should be able to make a better one that the rushed one it would have been.
  3. inthewind
    Thanks, I've got a load of noise going on around me at the moment so will print, sit & read a little later. I'll try to come up with a defence statement if you don't mind looking over it ? I'll also try to double check the figures qouted as the account got passed along and check what info is still missing that I've already requested (statement of payments etc).
  4. inthewind
    As the account is pre-2004 is my best defence just that it's not a compliant agreement and therefore the judge can't enforce it, should that not make it 'end of story' and case closed/thrown out ? Any advice on how to word a defence, does it have to be all technical or can it be in simple (layman) engligh. i.e. I defend the case due to a non compliant CCA due to................ etc etc ? Also, is it worth be pursuing the deed of sale and a copy of the default under a subject access request or another CPR route ? Could this help me find another chink in their armour, or is the non compliant CCA enough ? Thanks again for all you help, it means a lot to have someone help out and point things out you'd never even known to look for.
  5. inthewind
    Sorry, I was looking at date on wrong letter, 27th May 2004 was the first default, 21st July was just another letter chasing payment. Copy of letter dated 11th August 2004 attached. NoA.pdf
  6. inthewind
    First default notice issued on 21st July 2004 by A&L (image in pdf of opening post), then letter dated 11th August 2004 from MBNA (who A&L were a part of) simply said "your outstanding balance due under the above agreement has been sold to Link Financial", then I paid Link for a number of years (minimal payments as was in & out of jobs), they (Link) then defaulted me on 26th Sept 2008. As for the credit limit, I guess it has been increased since I took it out initially (probably to £2k, but not sure).
  7. inthewind
    Hope this works, am in a bit of a panic now so gonna put the kettle on to calm myself Link Response.pdf
  8. inthewind
    The postman has just delivered their reply (see images) The letters they refer to from 2007 & 2009 are covering letters I sent with an income & expense summary (i've not uploaded them). Their response refers to my CPR 31.14 request which stated "Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. Deed of Assignment. Deed of Sale. Default Notice." No idea where I stand now ? Can I ask for more time ? What other info can I ask Link for ? (They've not provided a Deed of Sale, or a default notice). EDIT: Sorry, my defence is due by the 9th of July. How do I get a further 28 days ?
  9. inthewind
    Can anyone help me please ? I sent off my CPR 31.14 asking for:- The agreement Deed of assignment Deed of sale Default notice I've heard nothing back from the creditor and now need to submit my defence ASAP. Can I get this struck out ?
  10. inthewind
    Thanks. Yes, have read that and half a dozen other links I've seen. I think it's a case of information overload as I've read so many things I think that's what's throwing me off track
  11. inthewind
    After further reading it looks like I need to use CPR 31.14 to request sight (or copies of) documents they use in their particular of claim, one of which should be the complete CCA (which they've yet to provide). Is it best to send this request to the creditor and send a copy to the court or does the court not need to know what I'm doing other than my request for them to hold the case while I seek further info ?
  12. inthewind
    They were not provided. Reading through OFT1272 under 3.6, it says that "Further, section 172(1) provides that a statement given under section 77, 78 or 79 is binding on the creditor or owner." Does that mean that whatever they provided me it all they can now use ? i.e. they can't dig out the other pages in court and say 'here you go, here is the full application form' ? Also, I've checked and they didn't issue a statement of account along with the CCA request. Does that have any bearing ? Towards the end of OFT1272 it says that "If your case is taken to court, you can ask the court not to go any further (called a stay of proceedings) until you get the information you entitled to." Not sure what my next move is, do I go to court and say 'here is what I was given in response to my CCA request which is not binding on the creditor (and hopefully unenforcable, no APR etc showing on there) or do I ask for a stay of proceedings claiming that they didn't provide the right information under the CCA request (but would that give them the opportunity to change what they gave me & enforce the debt) ? Really confused and the more I read, the more confused I get !!
  13. inthewind
    Don't have time though, court docs have been issued and I've got little time to get paperwork from them (if they even bother responding in time) SAR gives them about 40 days doesn't it ?
  14. inthewind
    No PPI, and no charges as far as I can see from past letters (going back to 2004). Will see if I can find any statements.
  15. inthewind
    Well done, good result ! Ask them to confirm it in a proper letter as apposed to the email, then you can have a hard & soft copy of it.

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