OH v BLS/LTSB

[cymruambyth]

Hi all I'm starting to get confused!!!!

The DN was issued in April 03 for £XXXX, the court case is for £127 less.

I have letters showing that interest had been added to the DN amount.

There must have been charges; so far I have found them for £15, but I'll keep looking. Is this what the agreed amount for charges is?

Thank you for help from anyone who is less confused than I am

[2Grumpy]

I think that the DN should be for the overdue amount only, not the whole balance.

 

Also, did you make any payments during the 14 days?

[diddydicky]

Hi all I'm starting to get confused!!!!

The DN was issued in April 03 for £XXXX, the court case is for £127 less.

I have letters showing that interest had been added to the DN amount.

There must have been charges; so far I have found them for £15, but I'll keep looking. Is this what the agreed amount for charges is?

Thank you for help from anyone who is less confused than I am

 

have you sent a SAR?

 

have you, since receiving the DN ever had a written demand to pay the WHOLE of the account balance

[cymruambyth]

Hi yes awaiting a SAR.

Since receiving DN (which indidentally was only for arrears, just a different amount from the court papers) oh has received at least 2 demands for payment of full amount. DN issued April2003, [problem] formally demanded full amount in May 2003, ditto BLS Septmeber 2004. BLS had been adding interest but this is a different amount from court papers.

[citizenB]

They sent you a DN in 2003, then a formal demand for the FULL amount at that time.

 

They then passed you over to BLS who continued to add interest ??.

 

What you need to find out.. hopefully through the SAR is if they terminated at any point. When did they stop sending you statements, was there a time when perhaps the last statement you received showed a nil balance/nil credit, etc ?.

 

Did **** send you a further formal demand after 2003 ?

[cymruambyth]

Hi so far last staement I can find is August 03 and this does not show a zero balance, however it does show interest being added.

In May 03 [problem] wrote '...makes a formal demand on yuo to repay the account balance as quoted above.'

and

'our client has cancelled your credit card.'

The account was also passed to MHA for a brief spell.

[diddydicky]

Hi so far last staement I can find is August 03 and this does not show a zero balance, however it does show interest being added.

In May 03 [problem] wrote '...makes a formal demand on yuo to repay the account balance as quoted above.'

and

'our client has cancelled your credit card.'

The account was also passed to MHA for a brief spell.

 

there you have it- an unlawful rescission of contract!!

[cymruambyth]

How exactly is this 'unlawful rescission of contract' when this letter was sent after the default notice? Is it because interest was still being added? If this is the case, what should I now do please?

[diddydicky]

How exactly is this 'unlawful rescission of contract' when this letter was sent after the default notice? Is it because interest was still being added? If this is the case, what should I now do please?

 

the DN was invalid because it contained charges that were not alloweed to be there becuase being in defalut of their obligations under s78 they were not allowed to add charges or interest until the rectified the default

 

the termination was therefore undertaken on the back of a defective DN

 

thererore they have unlawfully rescinded your contract

 

there now is no contract

 

you owe them only the amount of the arrears that were due at the time that the 12+2 days for supplying the s78 material expired back in 2003

[cymruambyth]

Thank you. Couple more questions (sorry!) So far have only found charges for £15 in 2003, need my SAR for further info, is/was £15 excessive?

Also, what action should we take re the court case? As there has been no reply to the CPR31.14 I'd been advised to submit the embarrassed defence, should I now be more specific?

THank you. C

[diddydicky]

Thank you. Couple more questions (sorry!) So far have only found charges for £15 in 2003, need my SAR for further info, is/was £15 excessive?

Also, what action should we take re the court case? As there has been no reply to the CPR31.14 I'd been advised to submit the embarrassed defence, should I now be more specific?

THank you. C

 

doesnt matter if its 15 quid or 15,000 quid the amount on the DM must be accurate.

 

you will need input from some of the more experienced guys on putting together the defence in legal terminology (im still learning that bit at the moment) you can start with the pro forma defences on the forum and theyll help you nto adapt it for your needs

[diddydicky]

sorry only just had chance to re read from the start

 

i see you have already been given the format for the embarrassed defence so that is the one to use if they have not responded to your 32.14

[cymruambyth]

Thank you for your input. I'm now off to sleep on matters. Good night C

I'm just confused, if there is a potential defence that will stop any action, is it better to use that than having a drawn out one?

[diddydicky]

Thank you for your input. I'm now off to sleep on matters. Good night C

I'm just confused, if there is a potential defence that will stop any action, is it better to use that than having a drawn out one?

 

you CANT make out a proper defence UNTIL you have the information that you requested in your 32.14 so sleep easy- the embarrased defence will hold matters until they comply with your 32.14

 

post up when their time limit has expired to respond and then well advise you the next step

[cymruambyth]

Thank you dd, their 7 days for the 31.14 have expired! this is why I'm questioning everything. C

Edited June 26, 2009 by cymruambyth

[citizenB]

Thank you dd, their 7 days for the 32.14 have expired! this is why I'm questioning everything. C

 

It is good that you do, that way you will understand what is going on.

[diddydicky]

Thank you dd, their 7 days for the 32.14 have expired! this is why I'm questioning everything. C

 

if you go to PT's thread why not to use s78 for the agreement ( i think that ws the title) and have a good read on that and related threads you will get a much better understanding

[cymruambyth]

Hi everyone....[problem] have replied:rolleyes:

'........Our client will await the Court's direction for the further conduct of this matter once your response to the claim has been filed'

Does that mean they'll decide what to do depending on how strong my defence is?

Why can they ignore a 31.14, it's not fair (as she throws her teddy in the corner of the room)

Edited June 26, 2009 by cymruambyth

[diddydicky]

you should write and poiint out to them that you still awiat a resonse to your 32.14 (send a copy with the letter) and warn them that if they fail to respond after xxx days you will apply t the court for an order to make them comply

(there are letters on here in this respect that you can copy/adapt)

[cymruambyth]

Thank you.

Hello guest.....are you looking for guidance or spying?

[cymruambyth]

'Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. '

This was my final paragraph in the cpr 31.14 request. Therefore should I carry out this threat, or tell them I will apply for a court order to enforce compliance?

[diddydicky]

i would give them another 7 days (you could fax the letter for speed - but 141 your number so they cant reply by fax)

 

then, having made the threat you must carry it out!

[42man]

Cymru...looks like you are receiving some solid advice here.....since the OFT made the ruling in 2006 on the penalty charges, then i'd suggest you should also consider pre 2006 charges also, and yes £15 is considered to be excessive)....(not sure how much you have), it seems to me like the application they have provided is illegible, and one cagger a few days ago had a similar situation and the judge threw it out due to the t's and c's being illegible....it would seem that the prescribed terms aren't on the signature page....

 

As for getting it struck out for not responding to the CPR31.14, then I think you'll have to wait for AQ stage....OR you can file an embarrassed defence and at the same time submit an N244 asking for the case to be struck out for non compliance (I think this needs confirming though Cymru as i'm not 100%)....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157973-welcome-fianance-court-case.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/179597-no-agreement-use-civil.html#post1937068

 

Apologies if you have read this link through Cymru... - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Please do shout if you need more help....

[cymruambyth]

Thank you 42man. I'll carry on reading over the weekend and get some letters sent on Monday.

[citizenB]

**** are not good at responding to CPR stuff..

 

They are devious s*ds as well... so watch your back.