staytet v weightmans/hfc

[staytet]

hi everyone new to this site but could do with some advice on defending the above claim.

the story so far-

in approx 2004/05 took an alledged loan with hfc and paid xxx back a month but due to injury could not continue to pay.

account then transferred to weightmans who just seem to want a charging order and are not in the slightest bit bothered about ability to pay.

in feb got letter advising of court summons to which i called them asking for statements ect to which i was told they will be sent to me has they did not have the phone no for hfc ?

i dont recall having a default notice or a copy of cca.

i have decided to acknowledge service and defend the claim.

i have sent a letter off this site asking for info under the civil procedures but have recieved nothing back even though the 14 days are up however weightmans did respond by saying they are awaiting clients full instructions.

the claim is as follows-

breach of agreement pursuant to the cca act 1974 (1) the defendent entered in to a written agreement with the claiment.this agreement is regulated by the cca 1974 (2)the defendent is indebted to the claiment in the sum of xxxxxxx and in respect of of the said agreement under acc no xxxxxxxxxx and maintained at the claiments branch and the sum of xxxxxx in respect of costs under the said agreement.(3)in breach of the said agreement the defendent failed to make payment in accordence with the agreed payment terms and the claiment issued and served a default notice upon the defendent and pursuant to section 87(i) of the cca act 1974.(4) by letter the claiment demanded repayment of the said sum, but the defendent has failed to repay the said sum (5)in the premises,the defendent is indebted to the claiment in the sum of xxxxxxx.(6)the claiment therefore claims the balance due under the agreement.

 

what is interesting is that the amounts of of the sum and costs dont add up to the total amount under part 5 of the claim and the sum in the amount claimed is again different? any help with this would be greatly recieved as i need to get the defence to the court by 14/3

[pt2537]

Hello there

 

So its a loan then, right thats good, can you tell me if the account number on the claim form matches any thing that you have for this loan

 

can i also ask where the claim was issued, it should say in the top right hand corner of the claim form, most likely from Northampton County Court Bulk Centre but if you can let me know that would be great

 

Regards

paul

[staytet]

Hello there

 

So its a loan then, right thats good, can you tell me if the account number on the claim form matches any thing that you have for this loan

 

can i also ask where the claim was issued, it should say in the top right hand corner of the claim form, most likely from Northampton County Court Bulk Centre but if you can let me know that would be great

 

Regards

paul

hi paul the account number does seem to be right and it has been issued by northampton

regards

[pt2537]

okey dokey, thats fine

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

 

read through that letter, amend it to suit as im sure there will be parts such as the assignment bit for example, if the account wasnt assigned to another company then you dont use that part and edit iot out

 

send it via special delivery as a matter of urgency

 

regards

 

paul

[staytet]

hi paul

thanks for your input so far its really appreciated

have already sent this letter special delivery(i have a signed copy to prove they recieved it) to weightmans to which i have had no reply only an acknowledgement to say they were awaiting their clients full instructions. the 14 days were up on the 7/3 and i have called them to chase it up and despite promises they have not returned my calls.

funny though they appear all of a sudden to be rather nice towards me

rich

[pt2537]

hi paul

thanks for your input so far its really appreciated

have already sent this letter special delivery(i have a signed copy to prove they recieved it) to weightmans to which i have had no reply only an acknowledgement to say they were awaiting their clients full instructions. the 14 days were up on the 7/3 and i have called them to chase it up and despite promises they have not returned my calls.

funny though they appear all of a sudden to be rather nice towards me

rich

 

 

oh ok. i didnt realise that you were more advanced than this

 

well, have you acknowledged service stating your attention to defend the claim?

 

this is a must,

 

with regards to the defence, all you can file is a holding defence until they supply the info, i have a few holding defences so no worries

 

the only thing is, obviously, i keep getting a lot of messages for help so i do tend to forget some times to do things , so before you run out of time, ideally 4 or 5 days before your defence is due let me know ok.

 

then i will see what i can do to help

[staytet]

hi paul

many thanks for your responce.i can confirm that i acknowledged the service and ticked the defend whole claim box putting the pressure on the claimant to supply the info under the civil procedures letter i sent them.

the holding defence has to be at northampton on or before friday 14/3/08

so any help towards the defence would be very welcome as up to now i have recieved no info from the claimant.

all i can say the costs they have added are nearly 4k alone

regards rich

[staytet]

hi everyone

really need some help writing a defence for this case as it needs to be in by 14/03/08 and still weightmans have failed to provide me with a cca, default notice , statements , charges breakdown

any help would be appreciated

[pt2537]

Rich,

 

very basic defence needed then

 

can you tell me,out of interest, did you make a formal CCA request with the £1 pound fee before the claim was issued?

 

should be able to post something by 11pm tonight

[staytet]

hi paul

first of all thanks again for all the help and support your giving.

i asked weightmans for copies of statements ect back in october but not a cca request because i had not found this superb site then.

also i sent a letter saying i was off work since july after surgery and could they put the account on hold or help me,they replied to that request with a summons.

they may come up with a copy of the cca but with no statements and all of a sudden 4k of charges i feel i must defend this all the way.

these dca,s and solicitors are just ripping people off by taking them to court without giving any info on the account and now ive found this site i will fight them every step of the way

kind regards

rich

[Hopeful1]

Hi Rich. Just wanted to add some support. There seems to be a few of us in exactly the same position.

 

My thread is below:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131502-weightmans-hfc-county-court.html

 

Have you complained to anyone about this? Last night i wrote to the local councillor using a link Paul posted on my thread. I have also gone through the Legal Complaints Service, TS and FOS. I have also written to OFT who won't deal with individual cases but i feel better for pushing this under the noses of as many people as possible.

 

Good luck with your case

[pt2537]

ok, slight mistake on the time

 

workin on it now

[pt2537]

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

 

 

The relevant Act of Parliament in this Case

 

5. Firstly I will address the issue of which Act is relevant in this case, in case it is suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

 

6. For the avoidance of any doubt I include the relevant section of the 2006 Consumer Credit Act (Except taken from http://www.statutelaw.g ov.uk/content.aspx?LegType=All+Legislation&title=consumer+credit+act++2006&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2459360&ActiveTextDocId=2459451&filesize=643 accessed Thursday 21st February 200 8)

11 The repeal by this Act of-

 

(a)the words "(subject to subsections (3) and (4))" in subsection (1) of section 127 of the 1974 Act,

 

(b)subsections (3) to (5) of that section, and

 

©the words "or 127(3)" in subsection (3) of section 185 of that Act,

 

 

has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

7. Therefore the Consumer Credit Act 2006 is not retrospective in its application and has no effect upon this agreement and the Consumer Credit Act 1974 is the act which this agreement is regulated by

 

 

The Request for Disclosure

 

8. Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

9. To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person ( a copy of the request is attached to this Defence marked XXXXX YOUR INITIALS 01)

 

 

The importance of a copy of the credit agreement and its production before the court

 

 

10. Under the Consumer Credit Act 1974 there are certain conditions laid down by parliament which must be complied with if such agreement is to be enforced by the courts

 

11. Firstly, the agreement must contain certain Prescribed terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

12. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

13. It is submitted that if the credit agreement supplied falls foul of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in so far that the prescribed terms are not contained within the agreement then the court is precluded from enforcing the agreement. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. In addition there is case law from the Court of Appeal which confirms the Prescribed terms must be contained within the body of the agreement and not in a separate document

 

 

14. I refer to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

"[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting

the provisions of the two schedules the Judge said:

 

 

"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

15. If the agreement does not contain these terms in the prescribed manner it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order

 

16. Notwithstanding point 15, The agreement must be signed in the prescribed manner to comply with s61 (1) CCA 1974, if the agreement is not signed by debtor or creditor it is also improperly executed and again only enforceable by court order

 

17. Therefore the claimant must provide a copy of the agreement compliant with the regulations as laid out in points 10 to 16 of this defence to have any right of enforcement.

The courts power of enforcement

 

18. The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

19. Further more the courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

20. With regards to the Authority cited in point 19, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul)

 

28.........I should outline the salient provisions of the Consumer Credit Act 1974. Subject to exemptions, a regulated agreement is an agreement between an individual debtor and another person by which the latter provides the former with a cash loan or other financial accommodation not exceeding a specified amount. Currently the amount is £25,000. Section 61(1) sets out conditions which must be satisfied if a regulated agreement is to be treated as properly executed. One of these conditions, in paragraph (a), is that the agreement must be in a prescribed form containing all the prescribed terms. The prescribed terms are the amount of the credit or the credit limit, rate of interest (in some cases), how the borrower is to discharge his obligations, and any power the creditor may have to vary what is payable: Consumer Credit (Agreements) Regulations 1983, Schedule 6. The consequence of improper execution is that the agreement is not enforceable against the debtor save by an order of the court: section 65(1). Section 127(1) provides what is to happen on an application for an enforcement order under section 65. The court 'shall dismiss' the application if, but only if, the court considers it just to do so having regard to the prejudice caused to any person by the contravention in question and the degree of culpability for it. The court may reduce the amount payable by the debtor so as to compensate him for prejudice suffered as a result of the contravention, or impose conditions, or suspend the operation of any term of the order or make consequential changes in the agreement or security.

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order.

 

30. These restrictions on enforcement of a regulated agreement cannot be sidestepped.....

 

And further more

36. In the present case the essence of the complaint is that section 127(3) of the Consumer Credit Act has the effect that a Regulated agreement is not enforceable unless a document containing all the prescribed terms is signed by the debtor

 

49. ".............The message to be gleaned from sections 65, 106, 113 and 127 of the Consumer Credit Act is that where a court dismisses an application for an enforcement order under section 65 the lender is intended by Parliament to be left without recourse against the borrower in respect of the loan. That being the consequence intended by Parliament, the lender cannot assert at common law that the borrower has been unjustly enriched.

 

 

50. This interpretation of the Consumer Credit Act accords with the approach adopted by the House in Orakpo v Manson Investments Ltd [1978] AC 95, regarding section 6 of the Moneylenders Act 1927 and, more recently, in Dimond v Lovell [2002] 1 AC 384, another case where section 127(3) precluded the making of an enforcement order. In Dimond's case the restitutionary remedy sought was payment of the hire charge for a replacement car used by Mrs Dimond. The House rejected a claim advanced on the basis of unjust enrichment. Lord Hoffmann observed that Parliament contemplated that a debtor might be enriched consequential upon non-enforcement of an agreement pursuant to the statutory provisions. It was not open to the court to say this consequence is unjust and should be reversed by a remedy at common law: [2002] 1 AC 384, 397-398.

21. Since the judgment of Lord Nicholls of Birkenhead clearly sets out that without a credit agreement the claimant's case cannot succeed

 

22. Therefore I respectfully request that the court order the claimant produce the original signed agreement before the court to show the form and content of it and that it complies with the regulations referred to in this defence, otherwise the courts powers of enforcement are surely limited in these circumstances

 

23. Should the claimant be unable to produce the original agreement signed by both debtor and creditor and containing the prescribed terms, I request that the court uses its powers under section 142 Consumer Credit Act 1974 and declare the agreement as unenforceable.

 

 

The Need for a Default notice

 

24. Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the particulars of claim

 

25. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

26. Notwithstanding point 25, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

27. Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 CCA 1974.section 87 makes it clear that a default notice must be served before a credit can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

 

28. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

 

 

Conclusion

 

 

29. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4

 

 

(2) The court may strike out a statement of case if it appears to the court -

 

(a) That the statement of case discloses no reasonable grounds for bringing or defending

(b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

© That there has been a failure to comply with a rule, practice direction or court order.

 

30. If the court considers it inappropriate to use its case management powers, it is requested that the court order the claimant to produce the original documents before the court.Without production of the requested documents the case can not be dealt with justly and fairly, and will severely prejudice my rights to a fair trial

 

31. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

 

32. it is respectfully requested that once the claimant discloses the documents which have been requested to enable me to fully defend this action that the court grant me permission to file an amended defence is reply to the documents

 

 

 

 

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed ..................... *** PRINT DONT SIGN

 

Date

 

 

 

 

 

 

There we go,

 

that should keep em busy

[pt2537]

right then,

 

have a read through and let me know if you have any questions

 

regards

#paul

[staytet]

hi paul

that is fantastic im just a bit worried that if they do come up with a cca how will this leave me do they still have to produce the default notice / statements and charges levied to the account.

kind regards

rich

[pt2537]

Rich

 

That will hold off their action til they do supply the agreement.

 

 

now ,i dont know what they have or dont have,but you wont know til the court orders them to produce it. now once they do, we look at their documents and pull them apart and write an amended defence based upon what they supply

 

thats all we can do as things stand,

 

 

regards

paul

[staytet]

hi paul

looks great to me just a couple of points after reading through the defence

first being i cannot download of the link in section 6 of the defence and also in section 8 i dont know if the notice of assignment part is relevent has hfc are down as the claimant and weightmans are dealing with the case.

also paul does this defence need to be put on an official court defence paper ao can i just write on defence form please see enclosed defence.

just to clarify on the defence i will tick in box 1, i dispute the full amount claimed as shown on the claim form.

thanks for your hard work in this defence i wouldn,t want it dropped on my desk to sought out.

kind regards

rich

[pt2537]

hi paul

looks great to me just a couple of points after reading through the defence

first being i cannot download of the link in section 6 of the defence and also in section 8 i dont know if the notice of assignment part is relevent has hfc are down as the claimant and weightmans are dealing with the case.

also paul does this defence need to be put on an official court defence paper ao can i just write on defence form please see enclosed defence.

just to clarify on the defence i will tick in box 1, i dispute the full amount claimed as shown on the claim form.

thanks for your hard work in this defence i wouldn,t want it dropped on my desk to sought out.

kind regards

rich

 

Hi Rich

 

heres the link Consumer Credit Act 2006 (c. 14) - Statute Law Database

 

copy the full URL into the defence , that way the judge can take a look at the legislation you are refering to

 

Ok, sorry, it was a bit of a cut and paste job on some parts, if the assignment isnt relevent then omit it

 

the defence can be printed onto A4 paper and attached to the N9B form, i would mark on the form that the defence is attached to the form

 

i hope this helps

[staytet]

hi

defence submitted to court special delivery,now i guess its just a waiting game to see what they come up with

[Hopeful1]

Blimey Paul that's impressive stuff!! Good luck, Rich

[staytet]

hi everyone

recieved a couple of letters with reference to this case today.

firstly the court have recieved the defence and passed it to the claimant to see if it can be resolved informally or if the claimant wishes to proceed he has 28 days to contact the court or the claim will be stayed.

secondly weightmans have written to me to say this has been passed to their commercial dispute resolution dept.also it provides the following points

1,in responce to my civil proceedings letter at this stage they are under no obligation to provide with the documents/ information as requested.

2,if we are unable to reach terms of settlement and the case proceeds all documents they intend to rely on to support their case and adversly affect their case will be disclosed to me under cpr

3,they are liaising with their client to provide me with the documents but these are all documents i have recieved in the past(never recieved the cca as requested no knowledge of any default or statements ever recieved despite asking for them on numerous occasions)they are prepared to allow me until 26/03 to lodge my defence (to late its already in).

4,they hope they can settle this without the necessity of a trial as court proceedings are time consuming and costly.

they have now called me to say the information will be with me by the end of next week and after i have looked at it to speak to them to see if we can reach a settlement.i was a bit upset when they phoned as they did not wish to answer my questions as to why their client had commited an offence under the cca request and why they have continued to pusue this debt against oft guidelines. also i asked why they advertise on their website that they have obtained 1200 charges against unseccured debts but again they did not wish to respond to my question

[pt2537]

Ah it seems i missed your post here,

 

ok, well its a normal reply with regards to them saying they dont have to supply the info. but they are wrong because they do!! the CPR sets that out.

 

now im intrigued by the fact they want to talk about settling, it may be the case that the agreement they produce is non compliant or something so lets wait and see what they send

[staytet]

hi paul

thanks for your continued support i also thought it was a bit of a strange letter from weightmans so as soon as i recieve the documents from them i will post them on here

cheers rich

[staytet]

hi everyone

had some correspondence from weightmans today and will submit the whole letter tomorrow but i need to know how i can download the credit agreement and default notices i have been sent on to the forum as both appear to be wrong

many thanks rich

[staytet]

hi everyone recieved a copy of the credit agreement/default notice and statement from the muppets at weightmans today.

firstly, the t&cs they sent dont relate to the credit agreement they have sent me(i know this as i have a copy of the original)

2,they claim on the statement that no interest has been added when it clearly has (when i took the loan it was explained to me that interest was added monthly to the balance so if you want to settle early it works out cheaper and on the statement it clearly shows this as the method they have used)

3,the default notice claims a balance of 23739.98 but on the statement it clearly shows 18849.19

4,weightmans claim this is because the statement shows a running balance without interest added but like i said beforehand the statement shows interest is added monthly.

5,also they are claiming 3893.36 for their collection charges as a contractual charge in accordance with the t&cs of the agreement

6, also they have told me my defence is based on the particulars of the claim are vague,their excuse for this is that they issue claims at the bulk centre and this is usual practice and their client cannot be criticised for this.they then go on to say that if we cannot agree terms of settlement they will make an application to amend the particulars of the claim as this is common place for this type of matter and such an application would be successful.

they then go on to say my defence has no real prospect of success and to call them before the 4/4 to reach terms of settlement .

well i,m no lawyer but what they have sent me so far is a copy of a cca with t&cs which do not apply, a default notice with the wrong figures on it,a collection charge which unless they can show me how they got to the amount in line with oft guidelines they can whistle for it and a statement which my 4 year old son could have calculated better.

kind regards to all

rich