Jump to content



Please note that this topic has not had any new posts for the last 4005 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 :confused:

Link to post
Share on other sites
  • Replies 456
  • Created
  • Last Reply

Top Posters In This Topic

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 :confused:

 

have you sent a SAR?

 

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

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.

Link to post
Share on other sites
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!!

Link to post
Share on other sites

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?

Link to post
Share on other sites
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

Link to post
Share on other sites

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

Link to post
Share on other sites
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

Link to post
Share on other sites

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?

Link to post
Share on other sites
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

Link to post
Share on other sites
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. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
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

Link to post
Share on other sites

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 by cymruambyth
Link to post
Share on other sites

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)

  • Haha 1
Link to post
Share on other sites

'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?

Link to post
Share on other sites

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....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

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

 

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

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...