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About f1owers

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  1. In a nutshell, the whole court process died a death a couple of years back. Nothing further was heard and I presumed that it had either been stayed indefinitely.... Yesterday I received a letter from a new firm of solicitors, McClure Naismith, threatening to commence proceedings unless I made arrangements to pay.... Can they do this when there were already ongoing proceedings... .. a second bite at the apple???
  2. Hi and thanks for replying. My letter to them said My Defence also contended that any agreement held by the Claimant fails to comply with S127 (3) of the Consumer Credit Act 1974 in that the agreement fails to contain all the required prescribed terms. Both your “true copy” of the agreement received, and the original copy of the agreement fail to mention any mention of interest rates to be applied. The documentation I have is scanned into this thread. There is the original agreement (blank overleaf). However, their "true" copy they sent through does have the back printed
  3. There's no mention of any interest rate at all.
  4. No terms discussed yet. I need to decided whether or not I think my case is strong enough to defend the case at a trial..... or to negotiate a settlement. x
  5. An update on how this is going. Still plodding on - witness statements due to be filed next week. Letter received from Sutcliffes today which includes "In response to your point raised in relation to interest rates, please note that all of the prescribed terms which much be included in the agreement under the Consumer Credit (Agreement) Regulaions 1983 are stated in the credit agreement already provided. The APR is not a prescribed term and therefore the debt is not unenforceable under S127 of the Consumer Credit Act 1974. I acknowlegde that my client has taken some time to
  6. Thank you so much for the replies - I was beginning to think I was going to have to face this alone (with Ford!) Advice needed today on what to do next! As they have finally satisfied my S78 request - should I now issue an application for leave to file an amended Defence based on S127?? I have only just received their documentation and therefore the majority of my Defence was based on S78. I have also started to draft a letter to Sutcliffe's which will end in inviting them to withdraw the proceedings?? Dear Sirs Re: Case No XXX I refer to recent correspondence re
  7. Bit worrying to hear that you lost! Did you not appeal it? Just so I can brace myself for what may be in the pipeline - once judgment was entered for YB how reasonable were they on terms of repayment?? x
  8. Hi Paul and thanks for replying to me. What happened with yours in the end as your agreement is identical to the one I have - from SAR request (the one with a different account number to the proceedings). This new agreement that they have signed is different to the other one. I cannot see prescribed terms - overleaf there is are "direct debit conditions" which state a minumum payment option...... however, there is no mention of an APR this making it unenforceable?? If they are forced to rely on this agreement as being the one they have disclosed in these proceedings - are they in t
  9. Hi and many thanks for taking the time to reply and look at my thread. Defence was submitted - at post 42. I need to file my AQ by the end of this week. The ppi aspect I dont wish to worry about at the moment - it was cancelled years back and I did not include it as a counterclaim. The AQ seems pretty straightforward to complete. Summary: CCA made and ignored. A/c put into dispute by myself. Dispute ignored and Default received (may have been defective on dates but in light of recent case law - not enough to predjudice my position as proceedings issued well afterwards). Wr
  10. And your help is very much appreciated! The triangle that says "report post"?
  11. Pressed enter too early then. My current thoughts are if they want to rely on the new application form, their reconstitued one, there is no APR stated thus making it unforceable?? As far as my original copy of the application - there is nothing on the back of it and really it is anyone's guess as to what was there. As they have served this reconstitued agreement - do they now have to rely on that one??
  12. 20th June Any idea why I am not getting any help or advice??? x
  13. Hi Still hoping someone can help and advise me on my agreements. xx
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