Court Case #3 - Northern Rock ( Eversheds )

[Luxxinterior]

Hi all,

My third case in as many weeks.

I am returning my acknowledgement of service this week.

 

I have requested my agreement just before they issued papers, but I now have to send off my CPR request.

 

The Agreement they have sent is Illegible. I would say the original agreement is, but the copy they have sent is sh*t! I will specify a totally legible agreement in my CPR request.

 

I am finding it hard to keep on top of all this... and there is more to come.

 

I have everything filed in its own folder etc, but i keep getting confused with where I am with each one. I nearly missed the date to submit my defence for the first case as I was trying to deal with the second one for NR too!!

 

It is so hard and time consuming!

[Luxxinterior]

Hi All,

Here are the POC from Eversheds on the Claim form I received the other day

 

"The claimants claim is in the sum of £xxxx.xx being monies owed by the defendant to the claimant under a credit agreement ("the agreement") regulated by the consumer credit act 1974 ("the act"). The account number in respect of the agreement is xxxxxxxxxxx.

 

In accordance with the terms of the agreement, the defendant was required to make contractual payments. The defendant has, however, failed to make such payments.

 

Given the defendants failure to maintain contractual payments, a default notice was served upon the defendant pursuant to section 87 of the act and has not been complied with.

 

The claimant is therefore seeking judgement against the defendant in the amount of £98xx.xx and in respect of its costs"

 

Amount Claimed - £xxxx.xx

Court Fee - £xxx

Solicitors Cost - £xxx

 

Total amount - £xxxx.xx

 

I will post the default notice in a few mins

Edited May 23, 2009 by Luxxinterior

[Luxxinterior]

Hi All....Here is the default notice I received from NR

 

 

Northern Rock blah blah

 

Name

Address etc

 

 

14th Feb 2009 - Saturday

 

Dear Mr xxxxx

 

Important You Should Read This Carefully

 

Re: Mr xxxx

Account Number: xxxxxx

Balance: £xxxx

This Default Notice is served in accordance with Section 87(1) of the Comsumer Credit Act 1974

 

Notice is hereby given that, in accordance with Clause 4 of your agreement with Northern Rock PLC, monthly payments to your account stated above have not been maintained and an arrears amount of £xxx is now outstanding.

 

You are required, within 17 days of this notice, to remit direct to Northern Rock PLC the full arrears amount stated.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

Steps will be taken to register this Default Notice with the Credit Reference Agencies in 28 days time.

 

Action will commence to recover the full balance of the account together with the interest charge. This could involve Court proceedings for which the Court costs and legal fees may be payable by yourself.

 

IF YOU HAVE ANY DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

You should be aware that if we take you to court and get a judgement against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgement, and interest under the agreement on all the sums owed by you at the date of the judgement until you have paid these in full. This means that even if you pay off the whole amount of the judgement, you may still have a further sum to pay.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

 

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.

 

 

Seems to be a default template used by NR... My wife received the exact same one... Posted on my Court Case #2 thread.

 

Again the question of dates arise...should they specify a date instead of saying 17 days??

Also this was posted on a Saturday so I would not have received it until at least the 16-17th Feb.

I am a bit lost with the whole Date thing...

 

Can anyone help?

Edited May 23, 2009 by Luxxinterior

[Luxxinterior]

Also..

 

Is a Formal demand the same as a termination notice?

 

Does a Formal demand have to be worded in a particular way?

 

I know from my wifes case that NR do not keep original Default notices, the solicitors she was dealing with told her they have to reconstitute them. As part of her CPR request she asked for the termination notice, but they supplied the Formal demand instead.

 

Hence the question, are they the same thing?

 

Do they have to supply the original copy of the DN? or is a rehashed version ok?

 

Thanks in advance.

[GamekeeperToPoacher]

Well as far as I understand it the DN is non compliant.

 

Have they terminated the account - if not they could issue a compliant one so I would at least remove the £figure and change it to £xxx as, and I am not being paranoid here, they are out to get us and some read these threads.

 

GK

 

If you receive useful, amusing, interesting advice from anyone please feel free to nudge their scales over there

Edited May 23, 2009 by GamekeeperToPoacher
Grammar

[Luxxinterior]

Well as far as I understand it the DN is non compliant.

 

Have they terminated the account - if not they could issue a compliant one so I would at least remove the £figure and change it to £xxx as, and I am not being paranoid here, they are out to get us and some read these threads.

 

GK

 

If you receive useful, amusing, interesting advice from anyone please feel free to nudge their scales over there

 

Done Gamekeeper....

thanks for the advice

 

I assume they have terminated the account?? Would it get this far if they havent?

[Luxxinterior]

Anyone able to advise which CPR to use???

[GamekeeperToPoacher]

hI lUX,

 

TRY Taking a look at PTs thread here

 

GK

[creditcardmug]

Heres the CPR request send by recorded, dont sign it just type your name

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

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.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[creditcardmug]

On the defeault/ termination, did they send the formal demand AFTER the time was up on the DN?..if so then this can be taken as termination, The DN should give a date to remedy, not merely x days...however how much sway that point would have in court i dont know

[Luxxinterior]

On the defeault/ termination, did they send the formal demand AFTER the time was up on the DN?..if so then this can be taken as termination, The DN should give a date to remedy, not merely x days...however how much sway that point would have in court i dont know

 

Hi CreditCardMug... Yes it was sent on the 20th March. I just noticed on mine and my wifes thats it does state that the account has been terminated.

 

The date thing is probably worth arguing as the CCA does actually say "date" and does not indicate ranges as been acceptable.

 

Thanks for the reply

[GamekeeperToPoacher]

Hi Lux,

 

I think that you might just be in a position to start rubbing your handss together with glee. From memory they did request a sum lower thatn the balance to remedy the breach.

 

GK

 

If you receive useful advice it is customary to tickle their scales to show your appreciation over there

[Luxxinterior]

On the defeault/ termination, did they send the formal demand AFTER the time was up on the DN?..if so then this can be taken as termination, The DN should give a date to remedy, not merely x days...however how much sway that point would have in court i dont know

 

Hi Lux,

 

I think that you might just be in a position to start rubbing your handss together with glee. From memory they did request a sum lower thatn the balance to remedy the breach.

 

GK

 

If you receive useful advice it is customary to tickle their scales to show your appreciation over there

 

Yes they did...

 

I am really struggling at the moment to be honest to keep up with all this. My wifes case is for the exact same thing and her defence must be in by Thursday.

Then I have this one (my own)... then my wife has another case with RBS going on too, and there is more to come I am sure.

 

She does not understand all of this, so I am trying to deal with it on both our behalfs as best I can, but they are all coming at once, and I am so confused..

 

To top it all, I have no idea how to form a defence, even though I may know what I want to say. Looking around at some of the defences out there, i am embarrassed at the simple details I miss out on.

 

Happy days!!

[GamekeeperToPoacher]

Hi Lux,

 

Most of the people on here are multiple 'sinners'

 

In my case I ahve spent most of the weekend sorting out all my paperwork into seperate folders which I obtained from Freecycle.

 

Each 'lender' has its own lever arch file and all the papers are ordered.

 

Each 'lender' then has its own thread - in my caser I ahve 5 1 car which is at court stage and 4 CCs - I am dealing basically with one at a time. the car first.

 

Now by sorting out the paperwork I have found that my CCs have sent me bad DNs so the work was not a a waste of time.

 

The main thing is to keep calm and steady away - If I can help feel free to PM me if I do not pick up on a thread as I am trying very hard to help as many people as possible.

 

Before too long you too will be spreading the word.

 

Regards

 

GK

[Luxxinterior]

Hi Lux,

 

Most of the people on here are multiple 'sinners'

 

In my case I ahve spent most of the weekend sorting out all my paperwork into seperate folders which I obtained from Freecycle.

 

Each 'lender' has its own lever arch file and all the papers are ordered.

 

Each 'lender' then has its own thread - in my caser I ahve 5 1 car which is at court stage and 4 CCs - I am dealing basically with one at a time. the car first.

 

Now by sorting out the paperwork I have found that my CCs have sent me bad DNs so the work was not a a waste of time.

 

The main thing is to keep calm and steady away - If I can help feel free to PM me if I do not pick up on a thread as I am trying very hard to help as many people as possible.

 

Before too long you too will be spreading the word.

 

Regards

 

GK

 

Thanks ever so much..

I too have filed everything, I have it all in front of me at the moment trying to get the defence for my wife ready to send on Tuesday. The kids are driving me potty though as she is in work lol

 

I am trying to put it all down now...hopefully someone may be able to say that ****! lol and perhaps help word it with me.

 

Thanks for the responses

[GamekeeperToPoacher]

Hi Lux (a make of car?)

 

When you are ready put it up and we take a gander.

 

Make sure that you are not late filing and that you cannot be identified as lenders are known to look here.

 

Keep your powder dry lol

 

 

GK

[Luxxinterior]

Hi Lux (a make of car?)

 

When you are ready put it up and we take a gander.

 

Make sure that you are not late filing and that you cannot be identified as lenders are known to look here.

 

Keep your powder dry lol

 

 

GK

 

Hi GK, Thanks again.

 

I have just posted my defence here http://www.consumeractiongroup.co.uk/forum/legal-issues/198906-court-case-2-northern-2.html

It is a mish mash of my own and others... it might be **** though

 

Would appreciate if you could take a look sometime. I know its a bad weekend to be posting on here....most people are enjoying their Bank Holiday lol

[creditcardmug]

Hi GK, Thanks again.

 

I have just posted my defence here http://www.consumeractiongroup.co.uk/forum/legal-issues/198906-court-case-2-northern-2.html

It is a mish mash of my own and others... it might be **** though

 

Would appreciate if you could take a look sometime. I know its a bad weekend to be posting on here....most people are enjoying their Bank Holiday lol

 

Hi, keep posting/bumping over this weekend, i can help you with your defences, but i have time only in short spells, as trying to do lots of other stuff at the same time, whats new?

[Luxxinterior]

Hi, keep posting/bumping over this weekend, i can help you with your defences, but i have time only in short spells, as trying to do lots of other stuff at the same time, whats new?

 

Well I drafted up a defence as best I could and someone was looking at it but lots of new questions arose out of that.

 

If you get a chance can you read the defence posted here? http://www.consumeractiongroup.co.uk/forum/legal-issues/198906-court-case-2-northern-2.html#post2189049

 

This for my wifes case, but it has to be in by Thursday, so I need to get it off by Tuesday latest.

 

Thanks

[Luxxinterior]

Hi, keep posting/bumping over this weekend, i can help you with your defences, but i have time only in short spells, as trying to do lots of other stuff at the same time, whats new?

 

Hi,

Would you be available to check if a CCA is enforcable in this thread?

http://www.consumeractiongroup.co.uk/forum/legal-issues/198906-court-case-2-northern-3.html#post2190294

 

I have just posted it and need a decision today lol

 

If you are free?

 

Regards

[Luxxinterior]

Here is my CCA for this Case... Can someone lend me their thoughts as to its enforceability?

 

I have a bit more time with this one lol...

 

Acknowledgement of Service going off tomorrow, along with CPR.

I requested a copy of my CCA just prior to them issuing court papers, but I will still be sending them a CPR.

 

Any thoughts are most welcome

 

Their Default Notice and Termination Notice for this are invalid too as far as I can tell, but if anyone spots any discrepancies with the CCA that would be great too lol

cca 004.zip

[Luxxinterior]

Here is my CCA for this Case... Can someone lend me their thoughts as to its enforceability?

 

I have a bit more time with this one lol...

 

Acknowledgement of Service going off tomorrow, along with CPR.

I requested a copy of my CCA just prior to them issuing court papers, but I will still be sending them a CPR.

 

Any thoughts are most welcome

 

Their Default Notice and Termination Notice for this are invalid too as far as I can tell, but if anyone spots any discrepancies with the CCA that would be great too lol

 

Hi,

I still have had no response to my CPR Request that i sent to these monkeys on the 26/05/09.

 

They have already sent me the CCA as per my standard CCA request before I received the Court Papers, but what do i do now that they have not responded?

 

I need to get my defence off soon, so I am not sure what to do now that they have not complied.

 

Any suggestions?

[creditcardmug]

Hi, what date is on the court claim, so i can work out what date you must file the defence by?

Which court was it issued in, was it Northampton or another court?

[Luxxinterior]

Hi, what date is on the court claim, so i can work out what date you must file the defence by?

Which court was it issued in, was it Northampton or another court?

 

 

Hi CCM

The date on the claim form is the 18th of May.

I have unfortunatley actually found the CPR response now dammit!! It consists of another Grainy copy of my CCA, A rehashed Default Notice, copy of the Termination Notice, some notes logged by their call center and some transactions.

Their letter accompanying them says they have extended the reply to the claim until the 11th June.

I work it out as being required by the 15th June, thats from the exact date of the claim forms.

 

The claim was issued in the Bradford Court.

 

Unfortunately I need to get this done by Tuesday as I am away for a week and wont have time when i get back to do it.

 

As my defence, I was going to go down the whole Dodgy Default and Termination Notice Route, mainly because I cannot come up with anything else lol

[creditcardmug]

I presume they didn't serve a copy of the agreement with the claim?