CCJ - Bank of Scotland

[MamaBell]

Hi Everyone,

 

Apologies if the following appears somewhat scatterbrained or a bit of a ramble but I'm trying to get some opinions/advice on how to deal with a court case that I've recently lost. Rather than going down the long-winded approach I figure most of you will be aware of the typical debt collector/ bank collection activities prior to this point.

 

Anyways, my defence was based on the following points:

 

1. Creditor failed to comply with a CCA request.

2. Legal action was started prior to fulfilling the CCA.

3. CCA eventually turns up but is missing the T&C's.

4. T&C's requested, alongside copies of identification records & disclosure under CPR using a template from CAG (thanks!!!)

5. Requests under no.4 were never fulfilled by the creditor.

 

However, due to a medical emergency in my family I couldn't attend the hearing and the court ruled in favour of the creditor much to my surprise!! So I'm wondering if I should take this up and appeal or whatever the correct procedure is?

 

Any ideas, suggestions or even a joke to lighten my day are most welcome.. thanks everyone..

 

Peace & Love,

 

MamaBell..

[AndyOrch]

I would suggest you start the process to have the CCJ set aside on reflection of the reasons you state for not attending the hearing

 

 

Regards

Andy;)

[Multay]

sub

[pt2537]

Hi Everyone,

 

Apologies if the following appears somewhat scatterbrained or a bit of a ramble but I'm trying to get some opinions/advice on how to deal with a court case that I've recently lost. Rather than going down the long-winded approach I figure most of you will be aware of the typical debt collector/ bank collection activities prior to this point.

 

Anyways, my defence was based on the following points:

 

1. Creditor failed to comply with a CCA request.

2. Legal action was started prior to fulfilling the CCA.

3. CCA eventually turns up but is missing the T&C's.

4. T&C's requested, alongside copies of identification records & disclosure under CPR using a template from CAG (thanks!!!)

5. Requests under no.4 were never fulfilled by the creditor.

 

However, due to a medical emergency in my family I couldn't attend the hearing and the court ruled in favour of the creditor much to my surprise!! So I'm wondering if I should take this up and appeal or whatever the correct procedure is?

 

Any ideas, suggestions or even a joke to lighten my day are most welcome.. thanks everyone..

 

Peace & Love,

 

MamaBell..

Hi there

 

I think that it would be advantageous to look over the credit agreement first, so that we can pick apart the faults with it.

 

 

there is no point sending off an N244 to the court to ask for a set aside if they have a compliant document which is enforceable , the T&Cs missing would not automatically make it unenforceable

 

can you scan and post the CCA they sent removing the personal details first please , then we will know for sure if we have a strong arguement

 

also can you clarify what the debt was for? credit card, loan, hire purchase agreement?

 

Regards

 

 

Paul

[MamaBell]

Thanks for the replies!!

 

My scanner decided to die yesterday, hence the delay in getting a copy of the loan agreement on here... attached a piccie on a pdf though.. the relevant section is on the left by the way.. right-hand section is another agreement..

 

..looking through some of the claimant case papers I think they may have included a copy of the T&C's for the hearing.. it is entirely illegible however.. typically dodgy photocopy huh..

 

 

MamaBell..

credagree.pdf

[MamaBell]

bump.. anyone help please??

 

MamaBell..

[AndyOrch]

Hi

 

Any chance you can post up your Defence that you submitted in the above claim?

 

 

 

Regards

Andy;)

[Having_A_Knightmare]

i cant see the agreement?

[MamaBell]

Hi

 

Any chance you can post up your Defence that you submitted in the above claim?

 

 

 

Regards

Andy;)

 

Hi Andy.. will post it up when I get back home.. thanks..

 

i cant see the agreement?

..it's attached as a pdf file a few posts ago.. or am I missing something?

 

MB..

[MamaBell]

Okies..

 

So, there wasn't much to the original defence to this claim due to the way events unfolded - they started the court action before responding to a CCA request made several months earlier. Actually, I wish I could have a go at this one all over again - you learn so much that it would be nice to have a trial run first of all.. anyways..

 

Original defence in summary:

 

 

• CCA request sent by recorded delivery to the Claimant's agent (Blair Oliver & Scott) on **/03/07 was ignored.
  

 

• Claimant initiated court action **/11/07.
  

 

• Claimant has defaulted under CCA 1974.
  

 

• Claimant has continued collection activities throughout this period.
  

 

• Claimant has failed to provide when requested copies of identification records required under anti-money laundering legislation.
  

 

• Claimant has ignored a request (recorded delivery **/11/07) under CPR for information necessary to my defence.
  

 

• Then some blah blah about me not acknowledging the alleged debt & that they couldn't provide any agreement because no such agreement exists. Further, that they were withholding information when requested under CPR and were thereby preventing me from filing a defence.
  

 

And that is how it stood until January of this year. Then the agreement as attached turns up, but still no T&C's, id records or CPR info. So I just let things continue because I thought it was going in my favour. I reminded them by letter (recorded of course) about 10 days before trial that I was still waiting for a response to the CPR request. Think I was hoping that I could use that on the day and buy myself some more time and so on.

 

Anyways, the agreement contains all the prescribed terms?

 

Thanks,

 

MB..

[AndyOrch]

Hi MB

 

Ok this is a peronal loan if you can just give a little background to the events leading to Claim.Was you on a payment plan did you ever request a S.A.R? Did you ever recieve a Default Notice prior to litigation?

How did you apply for this loan ? Did you sign on their premises?

Are you aware of any penalty charges?

 

Just trying to get a full picture leading to the CCJ

 

 

Regards

Andy;)

[MamaBell]

Hi Andy

 

Yep, joint personal loan. We were on a payment plan prior to the CCA request. No SAR was ever requested on this one. Received the relevant default and pre-litigation notices. Call-centre application (they called me) & the agreement & cheque was delivered by courier who viewed the id - hence why I asked them for id docs. No penalty charges that I'm aware of but that's a really good point - I'll have a nosey through the file and see..

 

MB..

[MamaBell]

Bump Bumpity Bump...

 

 

[MamaBell]

okies... last bump.. for anyone that can help please??..

 

MB..

[AndyOrch]

Hi mamabell

 

I have not forgotten you just a tad snowed under at the moment I will reply later today.

 

 

have a look at this post Is this for real?(

 

Regards

 

Andy;)

Edited August 11, 2008 by Andyorch
addition

[MamaBell]

Hi Andy,

 

Thanks for getting back to me

 

I've read through the linked thread - although I'm a little confused as to which points in particular are relevant.. or is it the idea that there isn't really a good defence in the first place?

 

If that's the situation here then please don't waste any more of your time.. much better spent elsewhere..

 

Besides.. I've found enough new info out of this case to enable me to go and try a set aside on another ccj.. so.. some you win.. some you lose I guess..

 

Thanks!!

 

MB..

[AndyOrch]

More a case of having to backtrack its not impossable but as you appreciate I am rather busy at the moment.There are plenty of threads for you to gleen information on this process and if in doubt just update your thread which will notify me.

 

I wish you well in your endevours

 

 

Regards

 

Andy;)

[MamaBell]

Thanks for the well wishes.. I'll have a dig around & consider the best approach..

 

One quick question though.. .. if you don't mind.. does their credit agreement comply with the CCA 1974? I'm kinda thinking it does but also wondering if my googly eyes have missed something..

 

MB..

[AndyOrch]

Ill just have another quick look

 

 

andy

[AndyOrch]

Hi MB

 

Cant open PDF on this PC but from what i recall ,its a hard one to call ithink a DJ would enforce it, depends who you got on the day i suppose.I will take another look later when i switch PCs

 

 

Regards

 

Andy:)

[MamaBell]

okie dokies.. & yet again - thank you