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    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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DLC/Hillesden Citi Card please help


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Bump.

 

Please can someone give me some advice. I don't want to get caught out napping, they are asking me to contact within 7 days otherwise they may take further action. Should I let them know they have not fulfilled my CCA request of 3 years ago. I have done a lot of reading on this site and it seems best not to ignore their letters in case they think you are ready to cave and go for a CCJ. The debt they are chasing is for a Citi Card that I never applied for, it was sent to me without any kind of Credit Check has anyone else had this happen?

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The debt they are chasing is for a Citi Card that I never applied for, it was sent to me without any kind of Credit Check has anyone else had this happen?

That does seem queer.

 

If that was what happened, it would have been an offence contrary to section 51 of the Consumer Credit Act 1974 and the OFT should have done something more about it than the traditional light chastisement with a feather.

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  • 4 weeks later...

Hi Rebel11,

 

Does the following paragraph from No 5 on your list still apply? Just need confirmation it has not changed so I can sleep at night.

 

1.2 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty.

2

Where there is such

a failure, the courts have no discretion to allow enforcement.

 

thanks

 

 

Eli:-)

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Hi Rebel11,

 

Does the following paragraph from No 5 on your list still apply? Just need confirmation it has not changed so I can sleep at night.

 

1.2 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty.

2

Where there is such

a failure, the courts have no discretion to allow enforcement.

 

thanks

 

 

Eli:-)

 

Yes it does still stand

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It still applies and incorporates recent cases such as Carey v HSBC, it's got a plain English guide as well.

 

Yes it does still stand
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Rebel

Not sure if i got this right...

The judge summed up (carey) that the presscribed terms can be in another document even if the document they are in do not relate to the agreement... 173 (3)

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  • 3 weeks later...

Hi Folks,

 

Got another big envelope today with a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

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Factually or in the eyes of the creditor???

Nothing really, true copy is the legal term in the Acts (CCA 74 etc) Reconstructed is when the creditor says we don't have the original but it will have looked exactly like this (Honest M'Lud).

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Hmm I would say there is a difference...

 

A true copy is a copy taken from an original sourced agreement, a reconstruction is a created agreement made from other sources.

 

S.

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I like the HMMM as you disagree... very diplomatic ha ha....

 

Well i see your point, however if the true copy does not contain the signature or various other items how can it be said to be a true copy as it can not be proved to have been signed by the debtor?

 

Which is where the "put to strict proof" comes in. If they can not produce the original how can it have been taken from the original, they clearly don't have it?

 

Did any of that rambling make any sense!!??

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The reason I ask is in ref to my post below on another thread (don't want to hijack this one). The letter was in response to my 3 year old CCA request.

 

Hi Folks,

 

Got another big envelope today with a copy of a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC to me saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

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well am of the veiw that if it does not contain your signiture, then its not a true copy of the signed original, but a true copy of what it would have looked like without your signiture lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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The reason I ask is in ref to my post below on another thread (don't want to hijack this one). The letter was in response to my 3 year old CCA request.

 

Hi Folks,

 

Got another big envelope today with a copy of a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC to me saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

 

Yep, they just admitted they can not enforce the debt in the court, though they can still ask you to make repayments

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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