1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***

[Guest]

Hi,

I researched the Default Notice.

 

The copy of the default notice they sent me, which I received Thur 12th Feb 2015 has all identifying information blacked out.

 

The Default Notice I received in June 2009 is dated 27th June 2009 (Saturday) and date to be paid 'before 11th July 2009'.

 

Now I could not receive this letter until minimum 29th June 2009 and 14 days to pay is 13th July 2009.

 

Does this help me in my court defence?

 

Or can I go for unlawful recission?

 

Gill

 

 

generally, unlawful rescission isnt really applicable.

depending on how the dj interprets things, a defective def notice may need to have more than so called 'minor' deficiencies. but, is worth mentioning and arguing in addition.

[gill5blue]

Fair enough...have you not received a general order since the hearing stating what each party must now do?

 

Start by bringing their original particulars forward...I take it you have not had any response to your initial defence...apart from their WS in support of the SJ application?

 

Hi,

No I have not had a general order yet, courts said it would take about 2 weeks.

I don't understand with what you mean in 'Start by bringing their original particulars forward'-(edited, I see you have done this above, but what for?)

 

 

I have received WS and application form, default notice and notice of assignment, terms and conditions for 2004, and current terms and conditions, and statements.

Gill

[Guest]

Hi,

.

I don't understand with what you mean in 'Start by bringing their original particulars forward'

 

 

 

Gill

 

done for you, #74

[gill5blue]

Thank you Ford,

Why did I need to do that? I don't understand

Gill

[honeybee13]

Hello there.

 

The site team have received your reported post, I'm sure that people who can help will be along later.

 

HB

[gill5blue]

Hi

Is there anyone who can help me?

 

Over the past years when I have asked for help I did wait, patiently, i had the time then.

But on this occasion I am pushed for time to sort out a defence,

and could do with some feedback for a defence to put in.

 

I have read the dca successes and most of them have been struck out of court or claim discontinued, this is not happening in this case.

 

Am I going to lose this?

do they have a case to win?

is this why i'm not getting feedback

 

Sorry for rant but i'm stressed- I thought it was going ok, but obviously it isn't

 

why is no one talking to me?

 

sad gill

[gill5blue]

So Sorry for that rant,

I have been pushing the f5 button all evening, hoping for a reply.

Totally stressed tonight.

Gill

[AndyOrch]

Thank you Ford,

Why did I need to do that? I don't understand

Gill

 

Because their particulars are all you need to prepare a defence...that is if you are required to submit a defence or whether you need to submit a witness statement...which we are not sure yet...hence my earlier requesting if you had received any order.

 

The norm is to submit a witness statement...that is what you should have done for the last hearing ( application for SJ)

 

A witness statement is completely different to a defence...so until you can confirm (ring the court) it is impossible to advise on how you should respond.

[dx100uk]

you have until the 28th ,

however, we understand you want to get this sorted by the 24th.

so still have 7 days.

 

 

this needs to be done properly and by those with the correct knowledge.

 

 

did the judge indicate that because you brought up the T&C's 8.2 issue

[when it was not in your defence as above] that was unfair

and you had to go away and revise it to include that?

 

 

or was it something else the judge said.

 

 

if a defence rewrite, we can work on that

if its a WQ etc you need to do

that's beyond me.

 

 

dx

[dx100uk]

ah good andy has answered

 

 

dx

[gill5blue]

The claimant claims the sum of £13k for debt and interest.

 

 

On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

the debt was assigned to st credit for the sum of £12k.

Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and

claimant claims

1. the sum of 1£2k

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8%

per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment.

My attempt at a defence?:

The application form is not a consumer credit agreement. It is not signed by them.

They refer to the form as an application form not an agreement in their WS.

The terms and conditions enclosed in their WS were not present at the time of signing. These were only available after many requests for them. They are undated, so no proof as to when they were created.

The default notice is incorrect, it does not give 2 weeks to pay. without a correct default notice the debt cannot be assigned to anyone. Therefore 1st credit cannot make a claim on this account.

[gill5blue]

HI Andy,

Thankyou for responding.

It has be in court by the 26th February.

It is a defence that is needed, she said put everything down that I wish to be brought up

Cheers

Gill

[AndyOrch]

gill forget the above...its as bad as your first......log off now get some rest.....ring the court first thing tomorrow and ask if they are issuing a general order further to the hearing of xxxxxxxx and are you directed to submit a defence (full particularised defence ) or a witness statement in response to the application for summary judgment.

 

Once that is confirmed...we wont waste any time and a suitable draft can be put together in time.

 

Regards

 

Andy

[AndyOrch]

It is a defence that is needed, she said put everything down that I wish to be brought up

 

 

Thats just my point ...you dont put everything into a defence....that is a witness statement were you expand into detail.

[gill5blue]

I know Ford said the default notice was ok, but they only sent me 'template copy', I have the default notice. I don't think they realise the dates are wrong or that I have the default notice.

So I will use this in my defence.

[gill5blue]

thanks andy Im off to bed now

xxxxxxxxxxxxx

[gill5blue]

Hi, I have slept on it and as I have not put in a witness statement, it must be WS that I need to put in. I haven't received court order, should get it today or tommorrow

[dx100uk]

go ring the court and ask!!

 

 

dx

[Guest]

I know Ford said the default notice was ok, ......

 

 

re post#74, i said depends on the judge on the day. the judge might adopt the so called 'de minimis' principle, or even see it as served in time, as seen in some other cases.

but could still mention it in addition.

is there anything else wrong with def notice?

[gill5blue]

re post#74, i said depends on the judge on the day. the judge might adopt the so called 'de minimis' principle, or even see it as served in time, as seen in some other cases.

but could still mention it in addition.

is there anything else wrong with def notice?

 

Dx I don't think so I will check tonight.

I couldn't ring court I was at work and details at home and my husband has to ring anyway. I can get him to ring tomorrow am,

Gill

[dx100uk]

should of organised that last night rather that keep faffing around like you were.

 

 

concentrate on what needs to be done

not worry about the might's and if's

 

 

dx

[gill5blue]

Hi,

I can't see anything else wrong with the default notic,

Anything else I should be looking for?

[dx100uk]

I wouldn't waste anytime on 'errors' with a default notice

as long as 'one' was sent - that's about the only thing worth arguing about.

 

 

you're main issue I can see is the 8.2 issue

 

 

they cant send a CCA return and not the correct T&C's to go with it.

[gill5blue]

Hi,

I have looked at the terms and conditions I have been sent

 

 

there is a bullet point referencing 8.2 which relates to the point raised on the application form.

 

 

But the terms and conditions do not have a reference or link to the agreement,

they are just typed out,

no proper headings ie 'AA' or Bank of Scotland on them.

Is that useful.

 

I found an old file with AA statements (on pc) and in their I had scanned an update to terms and conditions which had AA on it

and the account number and the AA yellow across it, making it no doubt that it was for the account.

 

I may not be able to get back on here until tomorrow evening,

but will post when I find out about court order tomorrow

gill

[dx100uk]

forget about any old paperwork you have

 

 

any paperwork relating to the claim and of ref must come from the claimant or the sols