Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[Shazza50]

http://i845.photobucket.com/albums/ab20/Shazza1957/dlcletter_0.jpg

 

Think this is ok now

[Shazza50]

Any advice from anyone?

Do I write back and just tell them that the document they are relying on is only a reservation form and not a cca? Also those copies of statements they sent, I haven't had any statements from the credit card company for at least a couple of years, and its strange that they have all got the same balance with no extra charges on them.

[odds]

I don't know the legal system, but surely if they still haven't produced a copy of your agreement, and they are relying on the 'application' form then they will not take it to court. I think you may have to make a request for them to put up or shut, by requesting the documents they will be presenting in court. I can't understand how they have given you 7 days to offer a deal to them or they will ask for a strike-out either, you have put in a defence so surely the court must let you have your say. I don't know the procedure for this but probably a more qualified person will be along shortly to advise

 

Pete.

[Shazza50]

I need to get my reply to these clowns asap, but I just want to clarify a couple of things with your help before I put pen to paper.

1. The 'agreement' is just what it says, a reservation form, nothing else. This is what I have to point out to them.

 

2. I have just dug out the first copy they sent me and the terms and conditions are different. I say different, there is actually a page missing from the recent ones that I received. Its the page that states the charges. Will this make a difference?

 

3.Can anyone tell me when credit card charges were reduced from £25 to £12 (I've searched and not found anything as yet) as I'm sure when I took my card out the charges started at £25 and the first T&C say it is £12.

 

As soon as I know this info I will get the letter sorted and post it on here for any further assistance.

 

They have given me 7 days to reply or they will apply for a strike out, I received it on Sat so need to get it done soon.

Typical, I have been out of work for 14mths, plenty of time on my hands, on Friday I got word I had got a job starting today, and they do this to me.

 

This is the letter I have done to send back to them, could someone please look at it for me to make sure I am doing things the right way. Ideally I need to get this in the post no later than Thursday.

 

Thank you for your letter of 13/08/10 in which you enclose a copy of a what you assert to be a copy of my “original agreement with Bank of Scotland I note the document enclosed with your letter is a photostatic copy of a document that is clearly labelled as a Bank of Scotland Reservation Form

Therefore I request that you supply me with

1. A legible copy of the true agreement including terms and conditions from the time the agreement was signed.

2. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date

3. Copies of statements for the entire duration of the credit agreement

4. The Deed of Assignment

5. Any other documents you seek to rely on in court.

Please ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

 

Also, I sent the defence to Aplins, but received the letter back from DLC not Hillesdens, I know they are all one and the same, but which one of them do I send this letter to?:-?

 

just bumping this up in the hope that someone will take a look at it for me.

 

Anyone please, I really need to get it in the post tomorrow.

[Papa_Smurf]

Shazza, I'm relatively new here but your letter draft seems good to me. I would send that if I was in your position. Maybe someone more knowledgable will be along soon now that I've bumped this thread.

[Shazza50]

This is the reply I received on Wednesday in response to my last letter to them. They are still insisting that the reservation form satisfies the requirements of the Consumer Credit Act 1974. I don't know what they mean by the original agreement and the true copy sent to me, all I've received are photocopies of it. Can they not go any further with this until I receive copies of all the statements I requested?

Any help would be much appreciated on this as it is going a lot further than I ever expected.

Edited August 26, 2010 by Shazza50

[Shazza50]

Can one of the site team please move this to the legal issues forum for me please.

[car2403]

Done

[Shazza50]

Thank you. Now I just need some help

[car2403]

What's the question?

 

From what I can see, they are taking the Michael

[citizenB]

Not sure what questions you want answered shazza lol.

 

BTW, most companies amended their charges from the higher amounts to £12.00 sometime in 2006 after the OFT ruling that deemed above that unfair.

 

Did you ever receive an original Notice of Assignment from anyone ? By law it should be sent by registered (recorded delivery).

[Shazza50]

OK, as regards to the deeds of assignment.

 

I received these two letters, in the same envelope end of July 09,

both letters have the same date on them which I found a bit odd.

 

Also the BOS one has 'strictly private and confidential' and my name and address on it, but was sent to me by DLC, not even in a separate envelope. As far as I remember it was not sent recorded delivery.

 

After they received a copy of my defence, DLC sent me what they say is a copy of the key pages of assignment dated 19th June 2009, but it could be for anyone as nowhere on it are there any references to me. They say they will not provide a complete copy of it to anyone other than a District Judge.

 

I have received 3 copies of terms and conditions from them and only on one copy does it state charges. These are £12, as I took the card out in 2002 am I right in thinking they are not the correct terms and conditions.

 

I have also received photocopies of a few statements, all from 2009, I haven't received any from BOS since approx 2006.

I have requested copies of all statements from when the card started, which DLC are requesting from BOS. Can they go ahead with the county court claim before I receive these?

 

IF it gets to my local county court, will I get notification from the local court or DLC?

I haven't replied to the last letter I received from them, which I posted here a few posts back, as I honestly don't know what more to do. So if anyone could suggest what my next step should be I'd be very grateful.

[car2403]

The challenge here is that you need to be reasonable before any court claim - it's up to a Judge to decide if they have acted reasonably in the circumstances if they do bring a claim. Not providing you with what you've asked for may be deemed as acting unreasonable.

 

The problem with all this is that it bears no relation to the claim - it's only against costs, that the Judge can award agaisnt them if they don't act reasonably, meaning that you don't have to pay their costs of bringing the claim.

 

Whether it has been assigned correctly and legally is a matter of fact, not law, and again it's up to a Judge to decide if that assignment is lawful. I suspect they will, as they won't want injustice in a case where assignment is the only issue.

 

What you need to do is ensure you have a sound defence against any claim that they may bring against you. That means do they have a correctly executed, fully enforceable agreement? If not, this is your defence, not the assignment issues. No enforceable agreement = unlawful assignment, as the debt should never have been passed on. Enforceable agreement + unlawful assignment will not = unenforceable debt.

[Shazza50]

Well here we go again. I have today received an Allocation questionaire which I have to return by 27th Sept. As yet Hillesdens/Aplins have not sent me anything that I requested from them that they are relying on in court. I gave them 7 days to produce them and this was 20th August. Do I get in touch with them again or will it be better not to?

[Shazza50]

Any advice gratefully received. Do I get in touch with Hillesdens about the documents that I requested but as yet not received? I'm not even sure what documents, apart from the 'agreement'/ reservation form, they are going to produce to the court.

[Papa_Smurf]

Any advice gratefully received. Do I get in touch with Hillesdens about the documents that I requested but as yet not received?

 

I would probably write to them if in your postion.

[Shazza50]

I sent Hillesdens/ DLC/Aplins a letter requesting copies of all documents that they were going to use in court, a copy is on post 96. As yet I haven't received anything back from them apart from a letter saying they were requesting them from the credit card company. Have I gone about it the right way or is there a more legal way of doing it? I'm just wondering if thats why I've not heard back as I gave them 7 days and they received it on the 20th August.

[Shazza50]

Any help please?

[postggj]

It seems you need some urgent help on this

 

ill deal with this in the morning

 

please list the following

 

1/ date of court claim

2/ date claim acknowledged

3/ did you send a cpr 31.14 request for info from dlc

4 have you done a defence

5/has an aq been done yet

6/ has the court done any directions yet

7/ on the claim form, what is the perticulars of claim

[Shazza50]

Many thanks, I just can't get my head around all this legal jargon:sad:.

In answer to your questions:

1. The claim form from Northampton was issued on 28th July.

2. I acknowledged it on line on 10th August.

3. I sent dlc the letter on post 96, as yet not received anything back, apart from a letter stating they were requesting the statements from the credit card company. I already have a photocopy of the reservation form.

4. The defence was done when I acknowledged on line.

Defence

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process,in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the contraints of the bulk issue system).

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

6.Not sure what this means I've only received the Allocation questionnaire so far which I have to return by 27th Sept.

7.Particulars of claim are : The Claiments Claim is in respect of banking facilities provided at the request of the defendant and under which the amount shown below is now due and owing from the defendant.

 

Thanking you in advance for any help that you can give me. It really is appreciated.

[postggj]

Simple answer

 

it will cost £75 quid (which you claim back) gets it done quicker this way

 

put in an n244 form for a strike out for non compliance of cpr

[Shazza50]

Is it really that simple? I may need some help with the form, will look at it properly tomorrow night. Once completed do I send it to my local court? What do I do about the AQ now?

[postggj]

When does the aq need to be in by

[Shazza50]

27th Sept. How soon do I need to get the N244 in? I don't get paid until 24th

[postggj]

Well no worries then

 

we will do it through the aq as the judge will see it pretty quick

 

ill do it for you over the weekend

 

ill do it as a word document for you to attach to the aq