Cap1 debt, many dcas could not find CCa - Dryden Fairfax Claim form - HELP!

[Desperate Daniella]

Sorry, I'm still trying to find the illegible documents legislation as I know what I posted earlier on the thread was out of date, but use it anyway. She probably won't know.

[Desperate Daniella]

http://www.bbc.co.uk/news/business-13349239

 

Go down the cases on the right and quote the Recorder in the Oldham case.

[Desperate Daniella]

http://www.consumeractiongroup.co.uk/forum/showthread.php?403039-Restons-got-CCJ-on-MBNA-debt-THen-CO-now-i-think-the-agreement-is-crap-i-want-to-set-aside/page2&highlight=illegible+documents+regulations

 

Post 21

[MandM]

This is what the DN MUST contain.....

 

Default Notices

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

1. a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
   
2. a description of the agreement
   
3. the name and address of both the debtor and the creditor
   
4. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
   
5. a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
   
6. a statement saying: 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
   
7. a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle)
   
8. if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
   
9. if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
   
10. statements saying:
    if you have 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 more time
    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
    important - you should read this carefully
    

Under Regulations 33 of the Consumer Credit (Information Requirements and Duration of Licenses and Charges) Regulations 2007 the default notice must from 1 October 2008 also include the following statement:

You have the right to end this agreement at any time

before the final payment falls due. Note that this right may be lost if you do not act before the date shown (after which we may take action).

If the date for final payment has not passed and you wish to end this agreement, you should write to the person to whom you make your payments. You will need to pay £ if you wish to end this agreement by the date shown and we will be entitled to the return of the goods. You will also be liable for costs if you have not taken reasonable care of the goods.

If the default notice fails to include all of the necessary information, it is likely to be ineffective and will not allow the creditor to recovery the motor vehicle unless you give your consent to the recovery. So, what can you do if it is recovered against your wishes? The answer depends on how much you have paid to the creditor.

 

I have highlighted No1

[Desperate Daniella]

Hopefully DJ saw that when he last came out.

 

It sounds as though the judge is biased, but if she did indeed look up the law she will know that the DN is not valid.

[Desperate Daniella]

Hopefully DJ saw that when he last came out.

 

It sounds as though the judge is biased, but if she did indeed look up the law she will know that the DN is not valid.

 

If she tries to dismiss any of this as de minimus you must say that with respect it is laid down in the CCA 1974 regulations and so cannot be so.

[MandM]

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)

1983 No 1561

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983

Made - - - 24th October 1983

Authority: Consumer Credit Act 1974, ss 76(3), (5), 87(4), 88(1), (4), 98(3), (5), 182(2), 189(1)

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)/1

1

(1) These Regulations may be cited as the Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations, "the Act" means the Consumer Credit Act 1974.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)/2

2

(1) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

76(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) before taking certain

action t o enforce a term of an agreement) shall contain--

(a) a statement that the notice is served under section 76(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 5 of Schedule 1 to these Regulations; and

© statements in the form specified in paragraphs 6 to 8 of that Schedule.

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

Ah ha, found it. Section (2). Again, I've highlighted it.

 

Mike

[dx100uk]

cap1 so called dn.pdf‎

 

Are they saying that this is the DN?

 

that's doc is NOT a Default notice

 

its a statement of default.

 

above all else it does not give you 14day in a DATE forum DD/MM/YYYY to remedy

 

it is not headed

a default notice served under cca section 87 etc

 

do you want a copy of a compliant DN to show the judge?

 

dx

[dx100uk]

for you ref

 

I've got 3 of those exact letter on my files

 

all for the same account too!

 

dx

[dx100uk]

they never did sent a default notice

 

I keep EVERY LETTER AND ENVELOPE

 

dx

[MandM]

Compliant DN >>> http://i983.photobucket.com/albums/ae316/slinkymary50/10-10-200918-11-03_0094.jpg

[Big Merv]

Hello all,

 

Can I start by saying that the help this morning last minute was very welcome thank you all.

 

I have to report that I did in fact take one hell of a beating this morning - I feel as if I let you all down. All the time and effort many of you have put in on this over the years.

 

On the points of law you all pointed me towards today the judge looked up the sections that you posted to me but but said that the letter of default did comply. Also, I noted that what was written on her screen was not what was posted above. I pointed that out to the judge and she ask me to show her where she finds the sections to which I referred as she claimed to be reading the correct bit.

 

As far as the agreement was concerned she said although its not a good copy it was legally enforceable because there is no requirements for copies to be legible. The judge asked where its says photo copies need be legible? Her interpretation of what I handed her regarding legibility related to the original agreement not this copy. I questioned the agreement but the judge said "tread very carefully here because you could be alleging fraud against Cap1, are you saying this document is fraudulent?" Clearly I at that stage flumuxed.

 

In brief she said to me you admit to having an agreement in your defence, and to owing money, they can claim interest. You are trying to get through this on technicalities of law, which do need to be considered, but I am satisfied no technicalities were breached according to the CCA 197..

 

She went on to say the charges on the account were lawful as they were under £25 but the PPI wasn't so she deducted that from the total.

 

I asked could I appeal on points of law - judge said no.

 

Sorry everybody..

[MandM]

cap1 so called dn.pdf‎

 

Are they saying that this is the DN?

 

Did they pass this off as the DN?

[Big Merv]

Did they pass this off as the DN?

 

Yes that is what they referred too. Stupidly it was a letter I supplied, but because the oppo had produced a letter from Lowell saying they had been legally assigned the account the judge said you have a letter saying the account was legally assign so what is your problem with it?

 

DJ

[MandM]

You've let no one down BM. Sometimes it's down to luck.

 

Repayment! - did you agree amount/terms today?

[Big Merv]

You've let no one down BM. Sometimes it's down to luck.

 

Repayment! - did you agree amount/terms today?

 

Thanks MandM. Said I would pay within 14 days. Judge reduced total amount by £300 in PPI payments and then allowed them £106 interest + costs of around £200 including solicitors fees court costs etc.

 

DJ

[Desperate Daniella]

I am absolutely horrified. She has ridden roughshod over an Act of Parliament.

 

I am wondering if you can appeal on the basis that she was clearly biased and deliberately chose to ignore the Act.

 

You need someone to advise you legally here.

[Desperate Daniella]

You haven't let anyone down; you had a judge who chose to ignore the facts.

[Big Merv]

Outside the oppo as good as admitted to me DN wasn't as should be - "some judge allow the them some don't" He didn't say much about the alleged agreement etc. Smug little S...

[Desperate Daniella]

What makes me absolutely sick is that if you had had a lawyer with you she would not have got away with it.

[Big Merv]

You haven't let anyone down; you had a judge who chose to ignore the facts.

 

Thank DD - A shining star throughout!!

 

I got a forboding sense from the outset when first question the judge asked me was something along the lines of you admit to having and account but not to knowing how much you owe? Surely you had monthly statements as I can see you made payments to the account ......

[MandM]

Outside the oppo as good as admitted to me DN wasn't as should be - "some judge allow the them some don't" He didn't say much about the alleged agreement etc. Smug little S...

 

Because he'd have known full well that if they failed on the DN then the rest would have been irrelevant as they could not succeed.

[Desperate Daniella]

Andy is not around at the moment.

 

I will be going out shortly but if you haven't had legal advice by the time I get back I will see who I can get to come on the thread.

[Desperate Daniella]

Thank DD - A shining star throughout!!

 

I got a forboding sense from the outset when first question the judge asked me was something along the lines of you admit to having and account but not to knowing how much you owe? Surely you had monthly statements as I can see you made payments to the account ......

 

That is very sweet of you, and I feel so bad for you right now.

 

MandM is right. If the DN failed the rest should have been irrelevant and the DN did fail.

[honeybee13]

Hello Big Merv.

 

Thank you for letting us know, I'm sorry it didn't go your way. You've done everything you could and should be proud of yourself.

 

HB