Phoenix/Cater Claimform - Joint LTSB OD Debt **WON - DISCONTINUED**

[Having_A_Knightmare]

Yes I agree well done Andy!!

[remus]

subscribing

[madi's mum]

Hi

 

Well things have moved on after submitting our Allocation Questionairre the Judge issued the directions as per our request.

 

Nothing arrived from Bryan Carter Solicitors right up unitl the last day directed – I have to confess at this point I thought we’d cracked it – alas the day following the courts deadline a reasonabley thick package arrived containing the following:

 

• Their completed Allocation Questionnaire
  
• A screen print from Lloyds TSB with regards the Default Notice with a note in their covering letter saying that the Default Notices are system generated at Lloyds TSB and that we are still awaiting reproductions from them.
  
• A reproduction of the assignment letter sent to us and a further reproduction letter of when Fredrickson International Ltd were instructed to collect this debt – neither copies of the letters have any of our details on them.
  
• Copies of statements of account relating to our overdrawn account.
  

So, is this enough for them to make this stick in court? What should I do next? As always any help much appreciated.

[AndyOrch]

Hi Madis Mum

 

Ok when you have time if you can scan and post copies of the CCA and Default Notice less your personal details of course and we will take a look to see if any flaws

 

Regards

 

Andy;)

[madi's mum]

Hi Andy

 

thanks for taking the time to reply - here are the 3 pieces of paper enclosed with our bank statements:

 

(deleted by madi's mum)

 

 

hope you can open these, although the screen print from lloyds isn't very clear.

 

cheers

 

Madi's Mum

Edited October 7, 2008 by madi's mum

[AndyOrch]

Hi the attachments are too small if you can upload them to Photobucket

 

 

Regards

 

 

Andy

[Having_A_Knightmare]

A screen print from Lloyds TSB with regards the Default Notice with a note in their covering letter saying that the Default Notices are system generated at Lloyds TSB and that we are still awaiting reproductions from them

 

This is going to be tough one for Lloyds to prove that you recieved the default notice.

 

HAK

[Having_A_Knightmare]

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

 

Do you have to put your local Court in this box??

[madi's mum]

Hi again - now registered with Photobucket - here goes:

 

(attachments deleted by madi's mum)

 

hope these are readable.

 

cheers

 

Madi's Mum

Edited October 7, 2008 by madi's mum

[AndyOrch]

Hi

 

The images are still too small you need to copy and paste the link to photobucket so we can download to view

 

Regards

 

Andy;)

[madi's mum]

Hi Andy - sorry is this how to do it?

 

http://i496.photobucket.com/albums/rr324/madismum_2008/letter2.jpg

 

http://i496.photobucket.com/albums/rr324/madismum_2008/letter1.jpg

 

cheers

 

madi's mum

Edited October 7, 2008 by madi's mum

[42man]

Just a quick question Mum.....can you tell us (without being too specific) what the Particulars Of Claim are ?

[42man]

Only reason I ask is that BC do tend to split claims.....

[AndyOrch]

Hi Madis Mum & 42nd

 

I understand the full amount was issued in the summons.Just refreshing back over your thread i note this is an O/Draft and therefore not subject to a default note but rather a Termination Notice,the claimant must under section 87(1)also sections 76(1) and 98(1) of the CCA 1974 serve a Termination Notice before they can demand payment under a regulated credit agreement do you ever recall recieving the above?

 

 

Regards

 

Andy;)

Edited October 7, 2008 by Andyorch

[AndyOrch]

Also if you have and Penalty charges are in question (which there has to be) now that you have your statements.

 

I note that(The Termination Notice) 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. In respect of the figures claimed, it is averred that the sums claimed contain charges which are unfair within the meaning given in the Unfair Terms in Consumer Contract Regulations 1999 and it is further averred that the charges levied are punitive in nature and are penalty charges

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)

 

The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in issuing a Default Notice/Termination Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice/Termination Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999

 

 

Just some food for thought

 

 

Andy

[AndyOrch]

And the above would also apply to said NoA being totally invalid also

 

The above are the key points on how to proceed with the above matter now that both parties have submitted AQs and Directions have been followed.

 

 

Andy

[madi's mum]

Hi Andy

 

No, i don't recall receiving a termination notice from them, would they not have had to include a copy of it with the stuff we requested?

 

Also, i take it you are refering to bank charges when you refer to Penalty charges, if so yes part of the outstanding amount consists of bank charges which i can quantify once i've been through the statements with a highlighter!

 

Madi's Mum

[AndyOrch]

Hi Andy

 

No, i don't recall receiving a termination notice from them, would they not have had to include a copy of it with the stuff we requested?They should have, also the screen shot you posted still shows the Router Account Number you need to amend this as it can identify you

 

Also, i take it you are refering to bank charges when you refer to Penalty charges, if so yes part of the outstanding amount consists of bank charges which i can quantify once i've been through the statements with a highlighter! Excellent equate your figures and then we will see which direction to take this matter next

 

Madi's Mum

 

 

 

Regards

 

Andy

[madi's mum]

OK, original post and screenprint link deleted and image amended to:

 

http://i496.photobucket.com/albums/rr324/madismum_2008/screenprint.jpg

 

I have to go to work now but will get the figure for the bank charges to you either later this evening or tomorrow morning.

 

As always thanks for all your help with this.

 

Madi's Mum

[madi's mum]

I've been through the statements and the charges total £1,217 over the 2 years made up mainly of overdraft excess fees with some returned payments, does this help us at all?

 

cheers

 

Madi's Mum

[AndyOrch]

Hi

Ok now you have collated your penalty charge figure you are in a position to consider your options.

 

You need to consider filing a c/c because:

 

1. It gives the Defendant the opportunity to raise arguments in respect of the Claimant's unlawful/illegal conduct.

2. The Defendant claims damages either to offset the debt, or in addition to the debt being wiped out.

3. It is a very strong bargaining tool, so that even if you were never really intent on going to Court, you have every chance of getting rid of the debt and the info registered with the CRA's, so you get what you want in other words!

4. It worries/frightens your opponents, particularly if you're accusing them of a littany of unlawful/illegal conduct. Nobody really wants to Court, and Claimants are no exception.

5. It tells the Claimant you are prepared for a fight, which will worry them, it very much puts them on the backfoot, which gives you the psychological advantage in the case.

 

Those are just a few reasons why it's a good idea. I am of the opinion that making them squirm is very much worthwhile and, if you're brave enough to go to Court, you may end up a few thousand pounds better off and their money is always better in your pocket than theirs:wink:

 

if you could clarify some dates it would also be helpful

 

Date of the Assignment

Date of the Summons

Date of the alleged Default notice/termination

 

Regards

 

Andy

[madi's mum]

Good evening Andy

 

I'm going through my papers at the moment to check the additional info you want - with regard to a c/c (counter claim?) I think that as we've gone this far we may as well take it all the way!

 

Hope to have that info soon but seem to have amassed a mountain of paperwork:eek:

 

Cheers

 

Madi's Mum

[madi's mum]

OK - been through my papers and this is what I could find:

Date of Assignment - only reference I have to this is the generic copy of the assignment letter enclosed with their Allocation Questionnaire - they allegedly sent to us on 16th November 07 - we did not receive this.

Date of Summons: claim issued 9th July 08

Date of Default Notice / Termination: 17th March 2006.

Let me know if you need anything else.

Cheers

Madi's Mum

[AndyOrch]

Hi

 

Ok thanks for that if you get chance is it possable to either post up or scan a copy of the claimants AQ.

Was this claim via CCBC ( Northampton) and have you had notification that the case has been transferred to your local County Court?

 

Regards

 

Andy

[madi's mum]

Hi again Andy

 

Had trouble scanning more than one page so thought I'd do a copy of their Allocation Questionnaire below:

_______________________________________________________________

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For Legal representatives only:

 

I confirm that I have explained to my client the need to try to settle; the options available; and the possibility of costs sanctions if they refuse to try to settle. Yes

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

YES

 

2. If Yes, do you want a one month stay?

 

YES

 

3. Would you like the court to arrange a mediation appointment?

 

NO

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court?

 

NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so?

 

No

 

If No, explain why?

 

NONE APPLICABLE

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute?

 

£19,198.74

 

Applications

Have you made any application(s) in this claim?

 

NO

 

Witnesses

 

BLANK

 

Experts

 

No

 

Track

 

SMALL CLAIMS TRACK

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Small Claims track - simple debt.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take?

 

30 mins

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing?

 

NO

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim?

 

NO

 

If Yes, have they been agreed with the other party?

 

 

 

G COSTS

 

BLANK

 

H Fee

 

Have you attached the fee for filing this allocation questionnaire?

 

YES already sent 03.09.08

 

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire?

 

YES

 

Have you sent these documents to the other party

 

YES

 

If Yes, when did they receive them?

 

26/09/08

 

 

Do you intend to make any applications in the immediate future?

 

NO

 

______________________________________________________________

 

Hope this is OK.

 

Cheers

 

Madi's Mum