LTSB Court claim - help please

[citizenB]

Hi I sent the short defence, and have just checked online, it was received 30th September.

No response from SCM sols re my cpr request, but today have received a letter that they will be requesting judgement against me and I should hear from the court in due course.

I am confused, is this right??

 

 

You should write to the SRA in respect of this letter, it is misleading, the address to write to is here.

 

Legal Complaints Service

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

Also have a read of the following thread, where you will find other CAGers who have received this ambigous letter from ****

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206823-have-you-received-phantom.html

Ok, to recap on your situation

There is no Default Notice and no agreement, correct ?

What documents DO you have ?

Did you receive from **** a Formal Demand letter that advises you that a default notice has been sent ?

The DJ cant overlook the need for a Default Notice, nor the absence of an agreement and you should be stressing both these points in your defence.

I will find some links for you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

The link above shows the need for a Default Notice which is valid before any action can be taken to demand the full amount.

[citizenB]

Hi Remus, my apologies for not getting back sooner.

 

The DJ will know that you are a LIP:)

 

I am still a little puzzled that the DJ is going to allow the non production of the Default Notice, is this for an amount under or over £5,000 ?

[citizenB]

FG, in answer to your pm... ukaviator has commented below

 

 

The prescribed terms for enforceability under s127(3) are given in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 for fixed sum loans (e.g. bank loans, hire purchase agreements), the agreement must contain a term stating the amount of the credit.

 

The agreement must contain 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:

 

(a) number of repayments

(b) amount of repayments

© frequency and timing of repayments

(d) dates of repayments

 

HTH

[citizenB]

Hi foolishgirl, yes I submitted my full defence (with my copy of the default Letter and pointing out the fact the default had not been served in the correct time scale), this was at the start of July.

I had an AQ in December 08.

My complaint to the SRA has been closed, as they believe a formal investigation is not required at this stage, but it has been passed to their Practice Standards Unit.

 

 

Amazing, they dont believe a formal investigation is required. At least 20 complaints have been sent for this solicitor alone.. !!

 

I think you just need to wait to hear from the court with a court hearing date.

[citizenB]

SCM are pretty quick off the mark arent they ? Lets hope this is sorted once and for all.

[citizenB]

OK, doing a lot of reading, might be confusing things.

 

I have an enforcement notice, giving intention to terminate the Agreement on said date, with a demand for £x plus interest which is accruing daily.

Default notice is dated 8 days after the intended termination, and the amount has increased by a monthly payment, and plus interest which is accruing daily.

 

Which comes first? the default or the termination??

 

As in 9 or 14 of 42man statement of evidence above.

 

The Default Notice should come first.. allowing you 14 clear days (which they obviously havent) and also stating the breach accurately and also how much you need to pay to remedy the breach.

 

THEN the termination letter or Formal demand should be sent AFTER the final day for remedying the breach has passed.

 

HTH

[citizenB]

Removed link to decision mentioned as it was the wrong one

Edited July 13, 2010 by citizenB

[citizenB]

Thanks for that citizenB,

 

Is the enforcement letter, something I should be putting on the statement of evidence?

 

Yes:)

[citizenB]

Just giving you a gentle nudge

[citizenB]

Default notice should be issued first, then the termination notice or final demand.

[citizenB]

They quote case law Amex v Ian Karl Robert Brandon 2010.

 

 

 

I understand that the case above is subject to an appeal hearing .. soon...