Help!

[creditcardmug]

Good stuff, also bear in mind that when you are ready to file youre defence, it will be too big to file online so allow time to post it

[tiglet]

You can ask for the CCA under the CPR.

 

Now you've filed your AQ, there are now 14 days to file your defence - I think I may have to look at it tomorrow as Pebbles and Bam Bam are driving me up the wall, but I will definitely get to it once they are at school and nursery (think may indulge in a glass of wine or two this evening, so don't want to start writing it then!).

[Rahl]

It is best to ask for it in a cca request as well thou, they can ignore a CPR request unless ordered to disclose the info by the judge . The law requires compliance with a section 78 CCA request , they cannot ignore a CCA request.

Edited May 19, 2008 by Rahl

[Dispirited]

Thanks tiglet. I hope by now that Pebbles and Bam Bam are in the land of Nod. Enjoy your wine.

[Rahl]

There are a lot of defences on this site you could adapt, but just for info for your specific defence :

 

Did you receive a default notice?

Did you ever receive a letter before action ?

Did you ever receive any notice of assignment ?

Do you know if the assignment is absolute or equitable ?

 

I'm wondering if it's possible to check with the post office to see if they can tell you who cashed the original postal order , if the original cca request can be proved to have been sent , you can say they are acting against regulations stipulated in cca 1974 if some other agent starts asking for the money.

Edited May 19, 2008 by Rahl

[Dispirited]

Quick update - I rang the court, the date of service is 21st May and defence has to be in 28 days later which is Wednesday 18 June.

[tiglet]

Plenty of time yet then - Pebbles is off nursery with a chest-infection, but I have made a start - I'll post it up later.

[Dispirited]

I've just discovered that the debt is bank account and personal loan-related but I'd guess that the majority is due to charges. Does this mean I can't CCA them?

[tiglet]

You can CCA them - but you need to decide whether you intend to defend the claim on the basis of no CCA or unfair charges - you can't do both.

 

Of course, you can reclaim your charges and then CCA them, but you can't do it the other way round, if you see what I mean.

[Dispirited]

I'm so confused now. Daughter does want to reclaim her bank charges eventually but at present, she wants Bryan Carter to transfer the debt back to the original DCA - 'Buchanan Clark & Wells' who are in default,

or even the bank, particularly now that she knows BC is only going for his costs. What's the best way to go forward?

[tiglet]

If she wants to reclaim her charges, she needs to start reclaiming in the normal way. She would defend BC's claim on the basis that she is reclaiming those costs, which renders BC's lawsuit unnecessary and also on the basis that they are only going for costs on a debt which consists of unlawful charges.

 

If she goes down the no CCA route and is successful, she cannot then reclaim the charges.

 

Does she think the "debt" is worth more than the charges? If not, then the CCA route - if so, reclaim the charges route.

[Dispirited]

Thanks tiglet, I understand now. She said she doesn't want to wriggle out of her debt and so will reclaim her charges. The amount outstanding is 3000+ but I'm sure that two thirds of it will be charges. Hope little Pebbles is improving, there are a lot of nasty bugs doing the rounds at the moment.

[tiglet]

Thanks.

 

Check with her that this is definitely the route she wants to go down and I'll get on with that defence this evening.

[Kholoshian]

Subscribing...

[summer30]

Subscribing as well, although ive not been getting emails lately.

 

I have a couple with BCW

 

one my Husband has which theyve gone quiet on, waiting for the kraken to awake. good luck on this .

[Dispirited]

Hi there, just a quick update. Daughter has sent the CPR letter by special delivery, and has also sent a CCA letter by special delivery. There's nothing else we can do now except wait. I'll let you know as soon as there's any action.

[Dispirited]

Quick update - nothing has happened.

 

16 days since CPR & CCA requests sent, but not a peep.

 

I'll have to start work on the defence in the next couple of days so any advice would be gratefully received.

[Dispirited]

Received the usual letter from BC today saying we aren't entitled to all the information requested in order to prepare a defence. They've requested info from client, meanwhile will not enter judgement in default without giving 14 days notice.

 

 

But... I need assistance with defence which has to be in by the 18th.

 

Could somebody help please?

[pt2537]

Hi,

 

i am assuming this is the one that is causing a few troubles?

 

Right, please tell me that Bryan Carters are the ones who are causing the grief, i do like a bit of fun with them

 

can i ask, have you posted the Particulars of claim? i must admit i havent had chance to go right through the thread as i am working on 3 or 4 things at once ,so if you can point me to the POCs then i will know where we stand

 

my guess is that their POCs will be unlawful as they will most likely have split the claim into two or more parts which is against s35 County Courts Act 1984 but i would like to know for sure

[Dispirited]

Hi Paul

 

Yep, you guessed it, tis Bryan Carter.

 

And, right again, they have split the claim.

 

Hope this works, it's the PoC

 

[pt2537]

if you are trying to upload the POCS then i would advise using Image hosting, free photo sharing & video sharing at Photobucket or something like it:)

[Dispirited]

It worked this time.

[pt2537]

OH DEARY ME

 

MR Carter why do you churn out such rubbish? dont you know that this is a blatant abuse of the court process?

 

Dispirited, dont worry, their claim is fundamentally flawed and having seen so many of these before, i can say with some degree of confidence that if your defence was that "little green men from Mars had landed", the chances are that Mr Carters would discontinue the claim

 

i will go over the defence this weekend and i think i have a defence on file that will deal with these so try not to panic

[Dispirited]

That's a relief, cheers Paul. Much appreciated.

[pt2537]

the nice thing is, if they discontinue the claim, they firstly have to seek the permission of the court before they can bring another action on the same material facts and secondly and most enjoyably once they discontinue after a defence has been filed they become liable for your costs so when they discontinue, i would send them a nice letter asking that they pay you the costs that youve incurrecd and the LIP rate of £9.25 per hour

 

however dont worry about that as we can cross that bridge when we get to it