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Dis1971

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About Dis1971

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  1. So far, my defence is as simple as: I agree there was a credit agreement with the claimant but i cannot confirm if it is an agreement regulated by the CCA (or compliant) as i do not have a copy and my CPR request for inspection of such document has not been met with. Therefore i deny that any such agreement is a CCA regulated agreement. I am not in possession of a default notice from the claimant and further to requests for such i will deny that any CCA regulated (or compliant) Default Notice was served on me. If anyone can think of anything else to add... Many thanks again for everyone's help so far.
  2. Thanks - as they have provided no documents, I cannot submit a full defence. I assume I can only mention the points already mentioned - if you can think of anything else I can add, please let me know. I have no clue how to word it - it has been suggested on this site that it is not necessary to use legal jargon etc.. and usually simple sentences suffice. If anyone can help me with what to put / how to put it, please feel free to add to this thread. Thanks for all the help.
  3. Thanks - thought so - just going to keep it short and simple - I will be filing on monday.
  4. Just following - well my agreed 28 day extension with the Capquest solicitors is up this week - and as suspected - no response / no documents supplied. I am making my defence based upon the fact that they have not supplied any agreement as requested and I believe it to be non-compliant and not a CCA regulated agreement. The same with the default notice - never received and believed to be non-compliant etc.. Is there anything else that anyone can suggest to add to the defence / to pad it out? - or is padding it out not necessary? Any advice, as before, would be most appreciated! Many thanks in advance.
  5. Just following - letters / CCA request resent etc.. Should Lowells fail to produce any agreement / paperwork, but Bryan Carter still issue a claim - what would be the grounds for my defence? I have noted a few people comment that usually BC pulls out of claims if a defence is entered - so just wondering what I should put should the time come? Many thanks again for help and comments.
  6. Ah, OK, my mistake - I thought I had read that they had 'x' amount of days to comply with the 77/78 CCA request and they could not send a claim during this time. In your experience, are Lowells likely to submit some kind of reconstituted document and will Bryan Carter issue a claim with / without the documents? Thanks again for the advice - most appreciated.
  7. Thanks for the quick response! As I understood the CCA letter - Bryan Carter were obliged to pass it on to Lowell themselves? Is the CCA likely to get dealt with quicker, addressing it to Ms de Tute, or is this just a simple case of avoiding the 'losing' my letter etc..? Shall I add the complaint to lowells on a separate sheet of paper / separate and put in the same envelope? Am I correct in assuming that Bryan Carter have no right to continue with this until the CCA request is fulfilled? Sorry for all the questions and thanks again for the help.
  8. Just an update on this matter - I sent a 'prove it' letter to Bryan Carter in August - 3 months and a couple of letters later, they eventually sent a couple of photocopied hashed together statements. I then sent a S77/78 CCA request with a postal order to them - I got the postal order back in the post today with a letter saying the have noted the contents of my letter but if I require documentation under the Consumer Credit Act 1974 then I must request this directly from their client (Lowells) and in the meantime I must contact them with my 'payment proposals'! Obviously I will send the CCA request to Lowells - but is this normal behaviour for Bryan Carter? As I understood it, they should not even ask me for payment once I send a CCA, until the documentation is provided? Do I just send the CCA request to Lowells and ignore Bryan Carter? Any help / comments would be appreciated. Thanks.
  9. I did not CCA Capquest, as the claim form came through very quickly. I sent the CPR31 request, so did not think the CCA request was necessary in addition? The default notice from Lloyds was in 2009 and I never kept it - so not sure if compliant. The notice of assignment seemed compliant - but in my fit of burying my head in the sand, unfortunately this went in the bin also. I do not believe there was any PPI.
  10. Thanks. As mentioned at the start of the thread, this amount is from an old CC debt which I ran up trying to save a failed business - I have absolutely no chance of being able to pay this back. From what you say then - if they decide to pursue, that I actually have no defence, if I owe it? I see other people on this site in older threads have entered defences - but I have no idea on what grounds....
  11. Thanks. Do you have any advice on what to put in the defence (I am hopeless at legal jargon and putting down anything elequent), based on the fact that I will not have any documents to look over? Once the defence is filed - what is the following procedure? I assume I would do nothing, and the ball would be in their court? Thanks again.
  12. Thanks again for the advise. As mentioned, Optima agreed to give me 14 days to file a defence, after they produce the document. They have not specified that they agree to an extension, but as they have yet to supply any documents, it is implied. I am sending a letter to the CCBC (enclosing a copy of Optima's) letter and asking for a 28 day extension. Is 28 days the maximum extension you can agree to / apply for? (just a question, as this puts the last defence day @ 25th Dec.!). I am also sending a letter to Optima highlighting the fact the extension is only implied and that I have taken it that they have agreed and extension and informed the Court as such. Also highlighted their obligation to supply these documents, as so far they have failed under their CPR obligations. As mentioned, after reading about all thing N244 related, I think I will just go down the defence route. I am still inclined to think that even with an extension, they will still fail to come up with any documents in time, so would still appreciate any advise from anyone on filing the defence next month (on the assumption that no documents will be forthcoming). Thank again.
  13. Thanks for the help. They did not put anything in their letter about agreeing to extension as such - just implied by saying they will give me 14 days after they send me the docs. However, I am wary that if I do not put a defence in to the court (the deadline is wednesday), then they could still try and go for a default judgement. As time is short, I want to file a defence so I do not leave myself open - can anyone suggest the likely content of such a defence? Should I keep it simple - e.g. they have failed to supply the docs requested as per their obligations, so I can only enter an interim defence and will need more time to prepare a correct defence after receipt? Just looking for the correct wording, as I am not too good at the technical / legal jargon. If I enter a defence, I assume the ball is firmly back in their court - what would / could they do next? Thanks again.
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