Speedloan claimform **Claim Discontinued - WON!**

[jj69]

See Post 42

 

Lets see what happens - so long as you make sure that the AoS is submitted in time and that any defence/application to extend time is submitted on time there won't be a problem

 

Sorry...should have read the threads more closely...

 

Yes AOS well in time and court has acknowledged that..and will get that defence in.

My only concern has been that the claimant may and try to force a ccj !

[I've got no money]

Sorry...should have read the threads more closely...

 

Yes AOS well in time and court has acknowledged that..and will get that defence in.

My only concern has been that the claimant may and try to force a ccj !

 

They often make an application for SJ but you deal with it as an when it arises - I have to say that it is extremely unlikely that an SJ would succeed if there was an unanswered request for info/docs

 

In terms of a default judgment its' important to make sure that a holding defence/application to extend is filed within the deadline

[jj69]

They often make an application for SJ but you deal with it as an when it arises - I have to say that it is extremely unlikely that an SJ would succeed if there was an unanswered request for info/docs

 

In terms of a default judgment its' important to make sure that a holding defence/application to extend is filed within the deadline

 

 

Got it in my Calendar so will need to call on your expertise later if that's ok.

Many thanks so far...

[jj69]

They often make an application for SJ but you deal with it as an when it arises - I have to say that it is extremely unlikely that an SJ would succeed if there was an unanswered request for info/docs

 

In terms of a default judgment its' important to make sure that a holding defence/application to extend is filed within the deadline

 

Hi there...

Recieved documents today dated 15th May...

Three pages in all inc a default notice which to be honest I don't remember receciving at all..

I will try and scan today if anybody can take a look...

[I've got no money]

Hopefully there will be enough to get a defence filed

 

Did you doublecheck that its' the 2nd of June for the deadline for the defence

[jj69]

Hopefully there will be enough to get a defence filed

 

Did you doublecheck that its' the 2nd of June for the deadline for the defence

 

 

Just spoke to court and deadline is 1st June...

The documents do contain a signed agreement but the second part has been photocopied and I cant read all of the terms and conditions.

Also I dont appear to have a termination letter.

There collections dept keeps rininging me so is it worth talking to them to see what they are offer ?

I'm assuming they will be trying to get me to pay so would it be worth asking what they proposed ( interested to see if they were trying to get out of going to court)

[jj69]

Hopefully there will be enough to get a defence filed

 

Did you doublecheck that its' the 2nd of June for the deadline for the defence

 

 

Just read there letter and they have asked me to contact themselves with regard to the termination letter I require..as it seems thet do not know what I require...

I will scan this in as well..

[I've got no money]

If you do speak to them - don't admit anything - tell them that the conversation is without prejudice

[jj69]

If you do speak to them - don't admit anything - tell them that the conversation is without prejudice

 

One other thing..I have a number of documents from Chantry re this account ( I think it's their in house collections dept ) dated from Feb onwards offering me various final payment options yet each letter has a different outstanding balance on it each time so not sure if this can help my defence.

[jj69]

Hopefully there will be enough to get a defence filed

 

Did you doublecheck that its' the 2nd of June for the deadline for the defence

 

Okay I am attaching the documents recieved - scans 1-4 are regarding the CPR request I sent , scan 3 has been sent to me with wording missing down the sides and is not due to my scanning...

Scans 5-7 are letters from collections showing me various amounts owed ( can I add that despite phoning this dept when the debt went into arrears they refused to accept reduced payments and would only take the contractual )

Let me know if you can views these ok

scan1.pdf

scan2.pdf

scan 3.pdf

scan4.pdf

scan 5.pdf

[jj69]

Okay I am attaching the documents recieved - scans 1-4 are regarding the CPR request I sent , scan 3 has been sent to me with wording missing down the sides and is not due to my scanning...

Scans 5-7 are letters from collections showing me various amounts owed ( can I add that despite phoning this dept when the debt went into arrears they refused to accept reduced payments and would only take the contractual )

Let me know if you can views these ok

 

Two others..

scan 6.pdf

scan 7.pdf

[jj69]

HI...

I have to post a defence for this court claim on the 28th May so any advice on a suitable defance would be most welcome.

Could I put down that the amount owed was different each month (see scans 6-8 and therefore I was unable to offer any payment, also Chantry who sent the letters were not the original creditor...

[jj69]

I am looking at disputing the amount owed so any advice would be welcome regarding this.

[jj69]

Anybody available for helping submit a defence before the 1st June ?

[foolishgirl]

jj, just quickly looked over your thread 'cos you asked me but I'm afraid I've not much time tonight.

 

IGNM is giving you excellent advice, have you PM'd him to see if he is available this week to help?

 

Just a couple of points I can see at first glance:

 

1. The DN is defective - it gives you precisely 14 days from date at the top of it to date of remedy i.e. no allowance for postage time. Also you should put the claimants to proof of delivery - they are unlikely to have it

2. The agreement has all the prescribed terms but haven't checked the calculations of interest etc. It is probably enforceable so you are better basing your defence around the defective DN, no NOA etc. & termination of account. I am assuming they have terminated your account (as they are attempting to collect the balance) but as the DN is defective, they are only entitled to the arrears - ever! They cannot go back in time & try to rectify that notice.

3. Have you received anything from your CPR request? Is their time up? If not, you may be able to put holding defence in for the moment. If it is, you should go ahead & apply for an order immediately.

 

Suggest you look around the forum for ideas to formulate a defence based on that info & then post it up for other input.

[jj69]

jj, just quickly looked over your thread 'cos you asked me but I'm afraid I've not much time tonight.

 

IGNM is giving you excellent advice, have you PM'd him to see if he is available this week to help?

 

Just a couple of points I can see at first glance:

 

1. The DN is defective - it gives you precisely 14 days from date at the top of it to date of remedy i.e. no allowance for postage time. Also you should put the claimants to proof of delivery - they are unlikely to have it

2. The agreement has all the prescribed terms but haven't checked the calculations of interest etc. It is probably enforceable so you are better basing your defence around the defective DN, no NOA etc. & termination of account. I am assuming they have terminated your account (as they are attempting to collect the balance) but as the DN is defective, they are only entitled to the arrears - ever! They cannot go back in time & try to rectify that notice.

3. Have you received anything from your CPR request? Is their time up? If not, you may be able to put holding defence in for the moment. If it is, you should go ahead & apply for an order immediately.

 

Suggest you look around the forum for ideas to formulate a defence based on that info & then post it up for other input.

 

 

Hi foolishgirl....thanks for taking a quick look...basically the docs I have posted on here are all from the cpr request (apart from scans 5-7 ).

I did not get a DN from them and certainly not rec delivery to sign for.I am disputing the charges on here so my defence will be based on the unfair charges act and also the DN now you have pointed it out.

I have seen docs from other cag members who have put a similar case forward but just want somebody to check over before submitting.

[jj69]

This is my defence to put on MCOL...

I am disputing the DN and the charges on this loan..

 

Can somebody with experience on this give me a comment on it ...?

 

In order to prove it's claim the Claimant must establish a number of matters. Firstly it must prove that a valid Default Notice was issued. Secondly it must establish that there was an “absolute assignment by writing under the hand of the assignor” (S136 (1) Law of Property Act 1925). Thirdly, that proper notice of any such assignment was given to the Defendant (S196 Law of Property Act 1925). Finally it must establish that the sums claimed are lawfully owing both at the date of the alleged assignment and at all times thereafter.

It is submitted that it is the obligation of the Claimant to prove all of the matters referred to above.

I submit that the Claimant has failed to satisfy all of the matters referred to as paragraph above.

Valid Default Notice

 

1) I note that 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. 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).

 

2) It is not admitted that the default notice follows the prescribed format required by the regulations and the Claimant is put to strict proof. It is also not admitted that the default notice is accurate in any way and the Claimant is put to strict proof

 

3) Further, S88(2) of the Act as amended by the 2006 Act requires that the date specified under s88 (1) must not be less than fourteen days after the date of service of the default notice. I note the use of the word “must” which indicates that this cannot be dismissed as a de minimus issue.

 

4 ) The deemed day of service, assuming first class post, is two days after the date of posting. The alleged Default Notice is dated 15/06/2008 so the deemed day of service can be no earlier than 17/06/2008. The date specified within the Notice is 29/06/2008. This does not give 14 days from the date of service and so the Default Notice is invalid. The Claimant is subsequently barred from terminating the account or seeking earlier payment of any money due by way of s87(1) of The Act.

 

5 ) Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

Sums Claimed

 

6) It is denied that both the alleged contractual interest and the alleged contractual account charges which have been claimed are lawfully owing in that it is averred that not only is there no contractual basis for the sums claimed but also that the sums claimed are in any event a penalty and unfair so in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

In any event and pursuant to the County Courts (Interest on Judgment Debts) Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied

 

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

[jj69]

Could somebody take a look at my proposed defence which I have to submit online by tomorrow :

Basically I am citing that the Default notice and excessive charges on a loan are the main reasons for defending...

I also need to add a paragraph as I did not recieve the DN and need to the claimant to prove they sent it..

 

 

In order to prove it's claim the Claimant must establish a number of matters. Firstly it must prove that a valid Default Notice was issued. Secondly it must establish that there was an “absolute assignment by writing under the hand of the assignor” (S136 (1) Law of Property Act 1925). Thirdly, that proper notice of any such assignment was given to the Defendant (S196 Law of Property Act 1925). Finally it must establish that the sums claimed are lawfully owing both at the date of the alleged assignment and at all times thereafter.

It is submitted that it is the obligation of the Claimant to prove all of the matters referred to above.

I submit that the Claimant has failed to satisfy all of the matters referred to as paragraph above.

Valid Default Notice

 

1) I note that 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. 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).

 

2) It is not admitted that the default notice follows the prescribed format required by the regulations and the Claimant is put to strict proof. It is also not admitted that the default notice is accurate in any way and the Claimant is put to strict proof

 

3) Further, S88(2) of the Act as amended by the 2006 Act requires that the date specified under s88 (1) must not be less than fourteen days after the date of service of the default notice. I note the use of the word “must” which indicates that this cannot be dismissed as a de minimus issue.

 

4 ) The deemed day of service, assuming first class post, is two days after the date of posting. The alleged Default Notice is dated 15/06/2008 so the deemed day of service can be no earlier than 17/06/2008. The date specified within the Notice is 29/06/2008. This does not give 14 days from the date of service and so the Default Notice is invalid. The Claimant is subsequently barred from terminating the account or seeking earlier payment of any money due by way of s87(1) of The Act.

 

5 ) Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

Sums Claimed

 

6) It is denied that both the alleged contractual interest and the alleged contractual account charges which have been claimed are lawfully owing in that it is averred that not only is there no contractual basis for the sums claimed but also that the sums claimed are in any event a penalty and unfair so in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

In any event and pursuant to the County Courts (Interest on Judgment Debts) Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied

 

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

[car2403]

Sorry, but I'm confused. You're defending a whole claim on the basis of charges applied and non-receipt of a Default Notice? (DN) If so, you probably only have a partial defence (against the value of the charges applied) rather than the whole amount, as non-receipt of a DN doesn't mean one wasn't sent. The Consumer Credit Act requires a DN to be sent, but it doesn't state that it has to have been received.

 

Before going further, can you clarify;

- Particulars of claim

- Date of issue of the claim

- Dates of service/acknowledgment/defence from the claim form

- Which Court is the claim from

- What have you done since receiving the claim form? (CPR Part 18 or 31.14/31.16 request, SAR, etc)

 

And, lastly, what is it that you, ultimately want to achieve here?

[jj69]

Sorry, but I'm confused. You're defending a whole claim on the basis of charges applied and non-receipt of a Default Notice? (DN) If so, you probably only have a partial defence (against the value of the charges applied) rather than the whole amount, as non-receipt of a DN doesn't mean one wasn't sent. The Consumer Credit Act requires a DN to be sent, but it doesn't state that it has to have been received.

 

Before going further, can you clarify;

- Particulars of claim

- Date of issue of the claim

- Dates of service/acknowledgment/defence from the claim form

- Which Court is the claim from

- What have you done since receiving the claim form? (CPR Part 18 or 31.14/31.16 request, SAR, etc)

 

And, lastly, what is it that you, ultimately want to achieve here?

 

 

Hi there..and thanks for replying..not sure how to link but I have another thread open here named speedloan is it possible you could take a look as I have all docs and claims posted on here.

Basically I have to submit a defence before the 1st June,Date of claim 28th April sent an AOS about the 10th...Northampton CC (confirmed date for defence 1st June ) and sent a CPR 31.14 request (docs posted on my other thread)

[jj69]

Sorry, but I'm confused. You're defending a whole claim on the basis of charges applied and non-receipt of a Default Notice? (DN) If so, you probably only have a partial defence (against the value of the charges applied) rather than the whole amount, as non-receipt of a DN doesn't mean one wasn't sent. The Consumer Credit Act requires a DN to be sent, but it doesn't state that it has to have been received.

 

Before going further, can you clarify;

- Particulars of claim

- Date of issue of the claim

- Dates of service/acknowledgment/defence from the claim form

- Which Court is the claim from

- What have you done since receiving the claim form? (CPR Part 18 or 31.14/31.16 request, SAR, etc)

 

And, lastly, what is it that you, ultimately want to achieve here?

 

 

Sorry forgot to add...at the moment want to prevent a CCJ by default after this I will be willing to negotiate with the creditor possibly by tomlin order..my main defence is the DN and the massive charges...as it looks like the T&C's may stand up in court..

[car2403]

2 threads merged - please keep to one thread per claim or this will get complicated.

 

This post will bump this thread for those already subscribed, who are in a better position to answer your questions than I am as I don't have time to read the whole thread right now, sorry.

[jj69]

2 threads merged - please keep to one thread per claim or this will get complicated.

 

This post will bump this thread for those already subscribed, who are in a better position to answer your questions than I am as I don't have time to read the whole thread right now, sorry.

 

 

If it is possible could you take a look later ?

Can I also ask if this is the right format in which to submit a defence online quoting previous law and dates etc ?

[jj69]

Anybody able to offer advice on my proposed defence ?? It has to be submitted tomorrow...

[foolishgirl]

Just had time to look at your defence jj

 

Working a bit blind on this one as I can't see a POC posted but would make the following comments:

 

1. Does the POC identify the agreement correctly? eg account no, date signed etc.

 

2. Are you maybe going into a little too much detail on your explanation of date on the default notice section jj? There is not a lot of space on that online form.

 

Suggest you could start off the defence like this:

1. The defendant admits entering into a credit agreement with xxxx on xxx. This agreement was a regulated credit agreement as defined by the Consumer Credit Act 1974.

 

2. The Defendant denies receipt of a default notice & puts the Claimant to strict proof of delivery of such. Section 87 (1) of CCA1974 states:

"Service of a notice on the debtor or hirer in accordance with section 88 (a ´default notice') is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement,

If the Claimant cannot prove service of a default notice, this account has been unlawfully terminated.

 

3. The defendant made a request for a copy of the alleged default notice under CPR 31.14 on xxx & has received a copy notice that the Claimant purports was sent to the Defendant on 15/06/2008. The date stated to rectify the breach was 29/06/08. S88(2) of CCA1974 (amended in 2006) requires that the date specified must not be less than fourteen days after the date of service of the default notice. The dates stated on the notice supplied by the Claimant do not allow for posting time & the default notice is therefore invalid.

4. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

 

Then in amending your Clause 6/7 suggest this

 

 

6) It is denied that both the alleged contractual interest and the alleged contractual account charges which have been claimed are lawful in that it is averred that not only is there no contractual basis for the sums claimed but also that the sums claimed are, in any event, a disproportionate charge applied for the failure of the Defendant to meet his contractual obligation and thus within the ambit of Schedule 2 (1)(e) of the Unfair Terms in Consumer Contracts Regulations 1999 Regulations and indicative of an unfair term. The Defendant requests that the Claimant produces evidence as to how these charges were calculated & the true & actual costs that the Claimant incurred as a consequence of the Defendant's default or breach of contract.

 

7. The Defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The Defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974