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


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Usual tactic from Hillbilly's Posty but i am afraid they shot their gun a tad early on this one.Shazz have you received a copy of their AQ in that envelope?

What date did you receive your AQ?

You will need to post up or type verbatim the contents of their WS less any identifiable details.

 

Andy

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I personally would defend the SJ application rather than waste money on application to strike out.Considering Application was made before AQs have been submitted is a very bad move on behalf of the Claimant.Might backfire I have known it to annoy DJs.

 

Regards

 

Andy

 

I'm not so sure. There's no way they can get SJ, but then a suitable response to it is a SJ application in reply, maybe.

 

Taking them on Monday is a bit difficult, I've only just got back into work so taking time off isn't good. Will it just be a case of handing them in as hubby said he can do that for me. Anything more difficult he will be hopeless :lol:

 

It's just handing it over, though he will need to request a receipt for proof of delivery if that's not too hard :dance:

Always happy to help where I can!

:lol:

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Right if you received your AQ on the 13th then its a sure bet they did also.You stated the AN/SJ was dated the 10th? Signed by their Sol on the 14th.

Within the envelope you should have a WS and a AN (Application Notice) and a Notice of hearing of Application(N244A) from the Court.Can you confirm all the dates?

 

Have you received a copy of their AQ?

 

 

Andy

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Their attempt at a Witness Statement embarrassing!!!!

 

 

Ok you see from the dates that the application was made before they even received their AQ.

That tells you that they have no intention of wishing to proceed to trial and the summons is a mere formality.

I assume you have prepared your AQ with Postty, what date do you have to submit this by?

Is it on your thread for me to see?

 

Andy

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OK Postggj excellent I trust you will include a suitable response to their ploy.

Are you drafting Directions is it the N149 or 150?

 

Regards

 

Andy

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Any update on this yet, as I know she is really worried but doesn't like to keep bothering people for advice and time they take to reply. But the time limit almost up.

Any ideas please.

 

Pete

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Odds/Shazza, have you made any attempts to draft a Witness statement in response yourselves ?

 

You need to counter all the statements made in the opposition witness statement..as they have applied for Summary Judgement your task is now to persuade the Judge that you do have a case to answer and this should be allowed to go to trial rather than be awarded to the other side at a SJ hearing.

 

First of all, the Document they wish to say is an agreement is a reservation/application form. It contains no prescribed terms.

 

From what I read, you have not been provided with the historical terms and conditions, just a copy of the current t&cs.

 

The Particulars of Claim were astonishing... "Banking facilities" !! They dont say whether it is a current account, credit card, loan.. they dont say whether or not it is an agreement that is protected by the CCA1974.

 

Did you ever receive the Notice of Assignment in the post or was the first time you saw these when the claim had started ?

 

Did you ever receive a Default Notice issued under s87(1) and was it from the original creditor

 

Did you ever receive a formal demand/termination/letter before action.

 

Most important is that you get that AQ in on time.. you can submit your Witness statement a bit later as long as it is with the court and the other side 7 days prior to the hearing.

 

What have you done with the AQ so far ??

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No signs of help Shazz?:roll:

 

Andy

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Ok Shazz just in case the cavalry dosent arrive:-

 

Form N149 - Allocation questionnaire (Small claims track)

 

Hit the link above and complete on screen.

 

A. No

 

B. No

 

C. Yes

 

D. Nil

 

E. No

 

F. (you complete )

 

G. Leave blank for now (until Post returns) if not ill post something for you later

 

H. Leave blank the Claimant pays

 

 

Sign print and date and print 3 copies Court Claimant (unsigned) self

 

 

Back later.

 

Regards

 

Andy

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Cheers Andy, though its part F that I haven't a clue what to put in.

 

Sorry, I meant part H. My heads all mushed :)

 

In answer to citizenB, the first time I saw the notice of assignment was 14th August.

As a matter of interest, how have they got statements right up to date this year when I haven't received any for at least 2yrs

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Sorry, I meant part H. My heads all mushed :)

 

We are looking at the same version I trust (G is Other on my version H is Payment.

 

When debts are sold (assigned)to theses bandits (oops i meant DCAs ) they dont bother with statements far to much expense involved.They purchase the debt for 2 purposes to add as much interest and penalty charges and secondly to issue Litigation CCJs in hope of converting the judgment into a secured loan via Charging Order.Not to service the debtor with Mthly statements.

 

 

Andy

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