Court Summons from Brachers Solictors.. help

[NitrousOxide]

Hi,

Thses solicitors have played games all the way through. Good to see you are going strong.

They are using fear, and not knowing your rights as intimidation.

[orky]

Hi Nitro

 

 

thanks for those words of support. perhaps you or Tomtermm could expand on Tomterms comment

 

"if they have already sent you a document with a statement that document is a copy of the credit agreement, then it is a legally binding statement."

 

They have sent me exactly this and it gives me encourgaement if this goes to a hearing but what area of law would cover this. In is a genreal ceeptabled practice or laid done in statute. I feel this is important should this go to a hearing.

 

Regards

 

orky

[pt2537]

Section 172 of the Consumer Credit act 1974

 

have a read, it will open your eyes as to what tom means

[orky]

Hi All

 

All very interesting. A question. What if they say theier response to a setion 77/78 request was an error or an oversight and they can now produce.

 

R orky

[tomterm8]

They can not. They are bound by the statement. They may not say it was an oversight, and it would be unlawful for a court to accept this as an excuse.

[orky]

Hi All

 

Thanks for your input so far. this is all becoming very interesting to me. Can anybody tell me where I can get a copt/dowmload of all the sections of the act so i my read them.

 

r

 

orky

[tomterm8]

You can find a copy at Results within legislation - Statute Law Database , there are dozens of regulations published under the act, though, and it has been amended by the consumer credit act 2006. I tend to use a copy from a copyrighted legal database (which I can't share on forum)

[orky]

Hi All

Got a letter from Brachers today effectively offer to settle at a balance of approx. £7400 which was the amount oustanding on 14/9/07. this includes some penalty charges but not any big fees and no real discount.

 

I can not pay this as I have no liquid cash howver a maybe able to borrow a few hundred poubds from a friend to offer to Brachers as a settlment. Noting the significant difference would I be better not to make this offer or should I do so to show them I have nothing.

 

I do have a home but very little equity.

 

Any views appreciated.

 

r

 

orky

[Docman]

I think it depends on your views on the 'agreement' they have produced. Is it enforceable or not?

[orky]

Hi All

State of play so far.

 

after the case management conference with the judge the claimant requested a stay. this was granted on the basis the claimant wanted more time to negotiate a settlement. the court advised me of this in writing and the order ststed the following.

 

1 stay of proceedings for 1 month to see if settlement can be reached.

 

2. if settlement reached the parties to notify court.

 

3. if no settlement reached the parties are to endeavour to agree directions for the continuation of this matter and if no agreement reached the claimant to notify the court by 27/5/08 when a directions application will be listed.

 

4 costs reserved.

 

my question is to the directions and part three. the claimants solicitors are requesting my proposals for directions. I am asssuming they mean what i want them to provide me. This would basically be contained in my defence I assume.

 

perhaps somebody can give some guidance on the directions issue.

 

r

 

orky

[Monty2007]

Hi Orky

 

Brachers added £3 K to my amex balance and then offered a 50% settlement, I could only afford 30% and they declined. I challenged them on the CCA and they could not produce it, I am now with another legal firm who are having the same problem. I should think they would also settle for 50% with you.

 

Good luck

 

Monty

[orky]

Hi Monty

 

Did you get a summons at any stage from Brachers

 

r

 

orky

[Monty2007]

Hi Monty

 

Did you get a summons at any stage from Brachers

 

r

 

orky

 

Dear Orky

 

No, they sent lots of threats then a settlement offer for 50%, after adding about £3 K in fees. I made a few offers but they would not budge. The accounts were then passed to another DCA who were not up to much and I then moved to Scotland. I am now being threatened by a Scottish firm but they have gone quiet since I reminded them of their obligations with respect to supplying agreements under the 1974 Consumer Credit Act. I am prepared to settle and just playing a waiting game so they know I am not a Muppet.

[orky]

Hi All

 

Guys I am going to need some assistance concerning the directions. Any view would be appreciated.

 

R

 

Orky

[pt2537]

Hi Orky,

 

What directions do you need help with?

 

Regards

 

Paul

[orky]

HI PT

 

In a nutshell I am not sure what I should be trying to agree with the soilicitors. At the case management conference the court wanted me the defendant and Amex to trsy and agree draft directions. this is my attempt at that. I assume it would be something like this, although there maybe more I should add from my defence such as unlawful charges etc :

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[pt2537]

Hi orky,

 

Do you have an allocation questionnaire then? if so which one do you have? N149 or N150

 

 

if you look here it should offer you some help http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[orky]

HI PT

 

I originally had a N150 form. Then I had a case management conference with the claimant and judge and this was stayed for 1 month at the request of the claimant. the reason was an attempt to reach a settlement. the judge requested that should a settlement not be reached then we should try and agree directions between us.

 

The main focus of my defence and proposed directions is the non-production of a CCA agreement. My concern is should I also enclose within my proposed directions that the amount claimed includes "probable" unlawful fees and therefore should be stayed until the recent high court case in resolved.

 

I would appreciate your views.

 

r

 

orky

[orky]

Hi All

 

Update

 

I received from Brachers solicitors on 23/5. this letter states the cleint, Ame credit card, have declined my proposed directions and therefore they are unable to agree these directions. The court ordered that if we were unable to agree directions the cliamant should advise the court by 27/5.

 

In the letter Brachers have stated the following

 

"we confirm that we have applied to the court for SUMMARY JUDGEMENT in this matter. we have informed the court that no arragement has been reached regarding the directions in this matter and therfore we have requested that a directions application shold be listed following our client's application"

 

I understand that this means they are trying to get my defence struck out and an immediate judgement against me.

 

Can somebody give me some urgent guidance as what to do.

 

Thanks for all your help so far.

 

R

 

orky

[orky]

Hi Guys

 

I need some help and guidance on this summary judgement application. for instance can I apply to the court to have the summary judgement application struck out?

 

I think I need to do something so please respond.

 

Thanks for all your heklp todate

 

Regards

 

orky

[orky]

Hi All

 

Really need some help on this summary Judgement issue.

 

help please

 

Regards

 

orky

[Docman]

I suggest you write to the court as well. State that Amex didn't agree with your proposed directions and ENCLOSE A COPY for the Judge. Your request was reasonable in that it just asked for were the documents they should have produced anyway.

 

Could be they are trying a fast one, telling the court the parties couldn't agree but blaming you and then asking for judgment against you.

 

You might like to apply to have Amex's case thrown out on the grounds they have not produced any agreement.

[bladeboy]

Dare say PT will be the one to advise here but surely in the absence of any compliant CCA, given the case law, you have a good case for getting the case thrown out too. Send them a list of cost too.

[orky]

Hi All

 

Thanks for that repsonse.

 

sould my letter to the judge be accompanied by any court forms or is it jusr a perosnal letter to the judge.

 

If I want to apply for the claim to be struck out how do i do that. Is there a court form and fee?

 

Regards

 

orky

[NitrousOxide]

PM PT547 if he is on.