Well it hasn't really Andy..

I need to know roughly how much.

. if i did lose... £500? £1000? £5000?

would you recommend continuing and defending as they have not sent the CCA request,

i'm totally happy to defend but if it's really 50/50 and the costs are going to be massive...

. I need to send the admit form off by Monday if I am going that route..

or can I still have 14 days and then bin the defence if needed?

Oh

Andy can you answer regarding courts costs (should and if) I lose, it has been brought up by MJT2013 but has not been answered for some reason...

. also regarding my defence if that route is followed what do I give my reasons for???

I only have until this Tuesday to sumbit, or can I still use the 14 days and await the CCA result and then admit if needed without additional penalty?

FF?

Also I take it my defence is that they have not sent the documants requested on time, and that is also my reason for the additional 14 days?

According to the earlier posts the amount claimed is over the small claims track limit, this is likely to go on the fast track. If it does and the Defendant loses it could cost him thousands in costs. Also, there is no guarantee that the court would order payment at an affordable rate.

 

I'm not trying to suggest that the OP should fold but the above 'advice' is just wrong. The OP deserves to know the risks before proceeding.

I would appreciate it if another "legal" person could confirm the above.. i'm happy to put them to test but if i did lose I could not afford hundreds in costs.... let alone thousands

...

Lets go for it then IDR

Dr Ian Creswell, at Birmingham County Court in January 2010,

defeated an attempt by the debt collection company Phoenix Recoveries to recover money on a credit card from HFC bank.

Judge Worster decided the reconstituted agreement provided to the borrower was inaccurate and invalid

because it had mis-stated the rate of interest actually paid by Dr Creswell.

Mr John McCullagh, at Bromley county court in February 2010,

defeated an attempt by MBNA bank to recover £15,753 on his credit card.

The judge said the copy of the agreement supplied by MBNA did not include Mr McCullagh's name and address

and the illegible terms and conditions were "plainly not a copy of those on the original agreement".

Mr Nathan Bachellier, at Hastings county court in October 2010,

defeated an attempt by debt recovery company Cabot Financial, to recover £5,908 run up on an MBNA credit card.

Judge Winslett ruled Cabot had failed to produce all the necessary documentation when trying to supply a copy of the agreement,

and that it was illegible, another breach of consumer credit regulations.

Ms Margaret Hayes, at Blackpool county court in July 2010, overturned a charging order on her home obtained by HFC bank earlier in the year

in pursuit of a debt of just over £5,000.

Judge Bell agreed that the bank had sent her someone else's agreement, not her own, and that the reconstituted agreement was not accurate.

At the Appeal Court in London, in January 2011, Mr Davendra Kotecha overturned an attempt by Phoenix recoveries

to obtain money owed on his HFC bank credit card.

The appeal judges agreed the bank had not been able to supply an accurate copy of his original agreement,

mis-stating both the interest rates and the bank's name, which had originally been Beneficial bank.

Mr Sean Murphy, at Oldham county court in February this year,

also defeated a claim from Cabot Financial, for the repayment of £11,953 on his Egg credit card.

The recorder, Nigel Clayton, found the copy of the agreement was illegible in places,

he could not see Mr Murphy's address on it,

nor were there any details of the payment protection insurance premiums Mr Murphy had paid.

Mr Scott Paterson, at Doncaster county court in February this year,

defeated Cabot Financial, which was trying to recoup £5,054 he had run up on a Morgan Stanley Dean Witter credit card.

Judge Russell decided the copy of the agreement was illegible,

the terms and conditions were not the ones originally supplied to Mr Paterson

and that Cabot had failed to produce a properly reconstituted document.

Yes but still worried about the costs if and only of I lose on a technicality,

i'm quite happy to defend forever and go to court every week if needed

but if i'm flooging a dead hrose is all the extra stress worth it?

I read on here some others that have been through the machine with these guys.

Link not IDR have replied to my CCA request stating that they will have to contact BC to get it and this may take 30 days,

obviously this is past the date I need to make my mind up so should I still defend it??

I need to make my mind by the weekend really,

I would like to as they have disregarded my CPR request and now not supplying my CCA so would this be grounds to defend?

In the letter regarding the CPR they were whittling on about increased costs if I defend.

.. just in case I lost what roughly would this cost be?

also If I do defend can I re assign to a more loacl CC than Northampton?

Please advise ASAP

they have sent an answer back to my CPR request

buying time and harrassing me with big words into folding saying that the template used is rubbish

and that they did not put any of the details I requested on the claim form

so therfore my request for them is not needed and

if i want to defend it good luck they still have not returned the CCA

... Can I PM someone?

Fantastic, thank you

please see my PM

I have used the MCOL so far..

. but what if i want to admit last minute?

then I have to send the form to the Claimant by the 18th correct?

and this can't be done online I don't think

Yes but in order to make sure it was there by the 18th I would need to send by next Friday at the latest,

as i'm not sure if i'm going to defend..

. it all depends what paperwork they come back with,

if they don't and I take it to the extra 14 days i'm then forced in defending am I?

or could I then admit if i wanted to and submit the admission form

Thanks Andy I was just double checking as it's didn't seem right,

I wanted to have a back out if needed,

if no paperwork received from Claimant by next Thursday what do i do then?

as I would need to send my form off by the Friday to make sure it's in by Tuesday 18th

have sent of my AOS as defending the claim but what if I decide to admit the claim.... can I then do that before the due date???

thanks Andy, I will try... to keep calm

Ok so I've sent the CPR and the CCA recorded first class if i then decided to admit could I still do that as long as its within the time limit???

Thanks, shall I just send the CCA and CPR requests anyway just to wind them up a bit?

This is why it is so important to get those requests out almost immediately. They WILL drag their feet - even though they are required to respond within 7-14 days. You can ask for extra time, however you would need to have some inkling that you have a defence. MM,mm,mmm they seem to have covered all the bases

 

Did you receive a Default Notice from B/card (if it was incorrectly issued, it isnt a complete defence, but helps) Yes

Did you receive the notice of assignment when the debt was sold Yes

Have you been receiving Notices of Arrears - these are required to be sent out at least once a year (since 2008) Yes

When you entered into the agreement - were the terms and conditions and required prescribed terms provided to you at the time you signed the agreement ? Probably it was 11 years ago in 2003

 

 

 

At the end of the day, it is you that has to make the decision. It is not one I would want to make given the information you have provided.

 

Whilst you did engage with them originally and enter into a repayment plan - you were unable to keep to that, did you explain this to them ? No I never spoke with any DCA or advisor after I stopped paying BC [/color ]Do you have other debts have you entered into and kept repayment plans with them? [color=red]None with I-D-R

 

I notice that your wife is also named on the mortgage this will restrict any Charging order application to your share of the equity.

Ok thank you my reoplies in red within the quote above, I think i'm a bit sunk...

Thank you, yes that also bothers me about extra costs,

if i ask for the CPR and CCA how many days can they take to send this info?

if they drag their heels I will up against the clock to make my case for defence.

Do I give them a time limit? 3 days 5 days? Thanks for all of your help

Also there is no solicitor address listed on the Claim form do i just send back to IDR as stated on the claim form

I'm worried about sending all these requests off if I have no chance of winning, is there any legal guys out there??

I thought I would have been pointed in the right direction by now as I have not got a lot of time,

i don't want to say i'm defending it when really I have no chance,

I do not want to make a bad situation worse

Please advise someone ASAP... many thanks

Any legal guys around yet??? still need to know what to really do and i don't want to send the CCA or CPR off until someone with legal savy confirms I should

Yes B card did take smaller payments with frozen interest.

.. I then fell behind and couldn't pay it at £100 a month

eventually ended up here..

. they sent me begging letters asking me to pay it off at half what I owed!!!

The only thing you need remove from the CPR 31.14 request is the "termination notice".

 

The fact that this is over £10,000 will mean it will be on fast track rather than small claim.

Is that a good thing???

 

Did you receive a letter from B/shark just recently to say they had been misreporting to credit reference agencies ? I ask this question because so many people have received these.

No who are B/shark??? and would that give me an advantage if they had?

Having discussed this with another site team member, it could be implied that the termination notice was sent to you.. because of the assignment.. so you can leave that in

leave everything in? and do not delete?

Defo no PPI, I never had any of that stuff, not sure if default charges, one would have thought so

I really hope so awaiting legal guys help before it's too late...