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Milly2016

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About Milly2016

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  1. Just wanted to say this case was won on appeal on the grounds that Reston's could not provide a contract that complied with CCA 1974 s61(1)a. Reston's decided not to pursue the matter and cancelled the debt. Basic costs were recovered from the appeal. A big thanks everyone at CAG who helped with the case. A lot about the law, the legal process, preparing paperwork was learnt along the way. The process was also long and draining. Thank you.
  2. Received attached Appeal Order. Essentially, court is requesting transcript of hearing. I have previously applied for this, confirmed receipt by court over phone. Court said they have a backlog. Until original judgement is stayed...and I guess the claimant request for extension of time is now a mute point? Will refile transcript request form with the court order on Monday. Wondering if I should start putting to paper my recollection of transcript and then send it to the claimant to see if they agree/want to make amendments, as I assume I will have to file a version of the transcript if the court did not record one (which seems likely) as per PD Appeal Order_Redacted.pdf
  3. Ok. Clearly the OC has provided substantial information to the assignee in the form of credit application, latest credit terms, statement of transactions etc. You are probably right that the OC probably would not want to open a can of worms on charges, but given unfair charges are in the open and somewhat addressed and the lowering of charges would be bourne by the assignee in this instance, the OC may decide to assist. If there is a successful objection from me then I'm hoping the total damage is limited to £8k interlocutory judgement order with no further correspondence/hearings and it puts the assignee in a bad light if the appeal gets a hearing.
  4. I have manage to attach the application notice from Restons. Thanks Application Notice 3.pdf
  5. An N244 Application Notice has been filed by Restons requesting an extension of time. (tried attaching There are relevant discrepancy in the evidence and I am wondering if I should contest their request for relieve of sanctions & extension of time on the following grounds: 1. At the hearing of 24/8/17, the claimant was ordered to file evidence within 28 days for a disposal hearing (now known to be 15/12/17) for costs and balance of debt 2. So that the defendant can file a defense 28 days thereafter (i.e. from 21/9/17 til 19/10/17) 3. The claimant requests relieve of sanctions and an extension of time from 21/9/17 to 17/11/17 in order to comply with that order. Claimant requests a further 26 days i.e. 54 days in total to comply from the hearing date 4. The claimant needs the time to go back to the original creditor in relation to queried charges 5. The defendant requests the application be denied as they have already had plenty of time as evidenced below: a. The claimant had some 6 years to ensure it had the correct quantum after being assigned the debt b. indeed Reston in their Witness Statement for the hearing claimed their client management system contained a true record of account c. the claim was filed on 25/7/16, so the claimant had 13 months from then to the hearing date to ensure the quantum and charges were correct d. further more the claimant had all that time to agree a number with the defendant under CPR 31.14, which they failed to do as they only provided manually inputed transaction 28 days before hearing 6. If the application is allowed then the defendant requests it has the same time as the claimant, namely 54 days to file evidence in opposition, this is greater than the 28 days ordered by the Judge at the original hearing 7. If the claimant request is allowed then the defendant will be disadvantaged as the defendant will have less time to file opposition evidence then that ordered by the judge at the hearing as evidenced in the claimant application notice (continuation sheet, point 3, defendant to file evidence by 19/10/17 minus claimant to file evidence 21/9/17 (pt 2) gives 28 days, the claimant request the defense be given 14 days) 8. The defendant has raised reasonable queries in it defense of this claim from the outset. 9. The claimant has failed to comply with a CCA 1975 Section 78 request for a legible copy of the credit terms at the time of credit application, so that the defendant can check that the prescribed terms are present and therefore the debt enforceable under law. 10. The defendant still has not received a legible copy of the credit terms with the prescribed terms within, as required by the Consumer Credit Act (CCA) and therefore deems the debt unenforceable under law with respect to section 127 (3) of the CCA, which is applicable on pre Apr 2007 credit agreements as the repealing of section 127 (3) in CCA 2006 is not retrospective 11. The defendant did not query charges at the hearing. But pointed out differing charges in documents to show that the credit terms provided were a recent version and cannot have applied at the time of the credit application. The defendant has therefore filed a N161, a request for appeal, on grounds including those realating to point 10 and this point. Also I notice Restons have signed the Statement of Truth on page 2 as litigation friend as oppose to legal representative - is this useful in any way? Thanks
  6. Ok. Thanks Andy. Wanted to firm that up a bit as relying on section 61 felt a bit weak as the judge may use his discreation and say on the balance of probabilities the unreadable terms were the prescribed terms and that the original agreement would have been readable at the time etc.
  7. Does anyone have case law references or the specific part of CCA that says a credit agreement provided under a section 78 request must be legible?
  8. Yes - Judge at the hearing refused permission. We repeated the same argument in the same way at the hearing earlier ('don't have original terms') - didn't realise that we wouldn't get a chance to put our thoughts on paper when we asked to appeal the decision. Need to file the skeleton argument to Willesden CC. When the court wrote to say the appeal has been transferred to the london court, they sent a copy of the appeal bundle - is that a copy for me or do I need to forward that to Restons? I gave the court 4 copies of the bundle.
  9. Appeal grounds: 1. Our defence copy was requested and provided to the judge, we therefore had no defence copy during the hearing to follow arguments with. 2. Judge misunderstood our argument that the original credit agreement (with prescribed terms) have not been provided as we have not been provided with the originals of the agreement. We try reassert our the same argument by showing the charges (£12) in the other credit agreement provided are not the same as charges in the very first statement so the credit terms are more recent terms and not the ones at the time of application. Attached the grounds, and the whole bundle. I sent 4 copies to the court and the send 1 copy of the bundle back - not sure if that means I need to forward the to Restons or that is a copy for me and they will forward one to Restons.
  10. Hi Andy, I have received the following court documents, attached. 1. A judgement/order and notice of interlocutory judgement 2. Transfer of notice to appeal to another court Is the home court Willesden county court where the original hearing took place or the central London court? Also do I need to send the appeal notice, grounds for appeal, all supplementary documents and Skeleton argument to: a. arrow or b. Restons or c. do I wait for the court to accept appeal? Thanks Notice of Transfer of Preceedings 070917_Redacted.pdf Interlocutory Judgement_Redacted.pdf
  11. I have submitted an appeal to the local court. They have passed it to the County court at central London. They say that all ancillary applications and enforcement processes must be filled with the home court unless directed otherwise. I need to file my Skelton argument within about 10 days time (14days from the appeal notice being filed). Is the home court Willesden county court where the original hearing took place or the central London court? Also do I need to send the appeal notice, grounds for appeal, all supplementary documents and Skelton argument to arrow or restons or do I wait for the court to accept appeal?
  12. Thanks Andy that makes sense. Do you think it's worth appealing... given the original readable credit agreement is potentially available to the claimant to present to the court? My feel is that the original agreement does comply with CCA - do you agree?
  13. By the way there is no PPI (it was charge for 3 months and refunded at outset) and the judge took my point that the cca terms provided had charges lower than the charges on the statements at the beginning of the agreement I.e the terms provided were recent not the original, as meaning we disagreed with the charges hence the interlocutory judgement I think to later decide final amount due with costs. The problem lies whether it's now worth appealing, given the appeal at the hearing where the interlocutory judgement was given has been denied. Apparently appeals would now need to be to the London appeals court which would be expensive? And if the claimants then present a better copy would our argument stand particularly given we did not specifically mention the cca provisions for enforcement has not be complied with in our defence/witness statement and the judge appeared to only accept arguments and evidence provided in the documents submitted. The claimants solicitor for the suggested afterwards that they would have referenced Carey v HSBC if we proceeded with a particular argument (can't remember which). If I can identify the the provisions in the readable document are still insufficient to be enforceable then I would support my dad to appeal with the help of a affordable solicitor or legal representative .
  14. It is from the SAR MBNA gave a more legible copy. I've typed the terms. Please can you check that if it is enforceable because it has the minimum prescribed terms in the CCA MBNA FINANCIAL RELATED CONDITIONS.pdf
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