Are these CCA's enforceable

[shirei12]

Hi Andy, I was worried you had missed the post. They have already requested the docs from HFC and I am still waiting.

Shirei

[AndyOrch]

They will forward this in due course and they do not anticipate it will take longer than 7 days from date of letter.

Their client is also prepared to accept any settlement offer or suitable monthly installment arrangement.

Clock is ticking then 7 days, they seem keen to offer settlement or payment plan considering they are confident they can supply all docs requested.

 

 

Andy

[shirei12]

I am obviously going to get an AQ,can I attach both letters to it? Its been 3 weeks since they told me they were shortly forthcoming from HFC.

 

Shirei

[AndyOrch]

You never know lets see if AQ is received.If and when then yes Shirei attach said docs and we will prepare a little message in the " Other " section referring to the letters and their consistent noncompliance.

 

 

Andy

[shirei12]

Hi Andy,

That AQ has arrived today,still no docs from Sols or HFC. They stated 7 days from letter date (8th Sept) so another few days to go. Although I originaly requested them in CPR 31.14 on 14th August and they assured me on 18th Aug that I would receive them shortly.

Would this be a bad time to put in a claim for PPI on another account (closed) with HFC.?

 

Shirei

[AndyOrch]

Hi Andy,

That AQ has arrived today,still no docs from Sols or HFC. They stated 7 days from letter date (8th Sept) so another few days to go. Although I originally requested them in CPR 31.14 on 14th August and they assured me on 18th Aug that I would receive them shortly. When have you to return it Shirei?

Would this be a bad time to put in a claim for PPI on another account (closed) with HFC.? No never a bad time particularly if its the the same Claimant adds a little leverage

 

Shirei

 

Regards

 

Andy

[shirei12]

Hi Andy, The date for return is 28th Sept. Well I will start the ball rolling for that PPI claim,its over 5k

[shirei12]

You never know lets see if AQ is received.If and when then yes Shirei attach said docs and we will prepare a little message in the " Other " section referring to the letters and their consistent noncompliance.

 

 

Andy

Still nothing fron HFC or Sols,can you help with "Other" Andy, I can fill in the AQ but would appreciate some guidance.I will need to get off next week,28th is latest deadline.

Regards

Shirei

[AndyOrch]

No problem Shirei I will get back to you midweek

 

Regards

 

Andy

[shirei12]

Thanks Andy,I dont want to leave it till the last minute. I cannot file online can I,anyway I will need to attach those letters.

Also I dont have to pay a fee do I ?(question H on AQ)

 

Shirei

[AndyOrch]

Hi Shirei, ok the following is courtesy of Creditcardmug.Essentially its in response to the N150 but you can edit out to suit the N149.

 

 

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any

terms and conditions

that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© notices of assignment together with proofs of service

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

Other Information

 

Section I

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson

v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature

of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to Small Claims Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

Pre-Action Protocols

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

On the DATE I wrote to the claimant requesting information pursuant to the CPR part 18

, in order that I could investigate their Particulars of Claim, and file a suitable defence.

A copy is attached to this form.

 

The claimant has not replied

 

 

 

(Edit this is N150)

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "please see attached section C"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc. For Court Unsigned for Sols Copy

 

 

No Shirei you dont pay a fee the Claimant does.

 

Regards

 

Andy

[shirei12]

Looks familiar,I have used this before. Thanks Andy,I should have checked my other threads.

[AndyOrch]

Looks familiar,I have used this before. Thanks Andy,I should have checked my other threads.

 

 

Thought you would be an old hand at this now Shirei:-)

[shirei12]

:lol:You would think so but this is the last time hopefully. Should I attach the two letters from Sols(response to CPR and defence?) section C.

[AndyOrch]

Not your defence just your requests and their responses.

 

 

Andy

[shirei12]

I have today received communication from Sols. They have received defence from court and their client does not accept such and they state they have written to court to request transfer to our local court and proceed as a defended matter.

They have noted contents of defence and requested the evidence which will form the basis of their case (ie what I requested in CPR 31 I4 presume) They will forward this in due course and they do not anticipate it will take longer than 7 days from date of letter.

Their client is also prepared to accept any settlement offer or suitable monthly instalment arrangement.

 

Post 98 Andy is the second time they promised to supply docs,even though it does mention my defence,can I not use this one as well?

[AndyOrch]

Use them all Shirei more the merrier:razz:

[shirei12]

Sorry Andy one more question, in your post 111,I do not understand where to put this section,does it just go in other information ?See below.

 

Pre-Action Protocols

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

On the DATE I wrote to the claimant requesting information pursuant to the CPR part 18, in order that I could investigate their Particulars of Claim, and file a suitable defence. A copy is attached to this form.

 

The claimant has not replied

[AndyOrch]

Section C Pre Action protocol on a N150 I cant recall does it ask it on a N149?

[shirei12]

No it doesn't Andy, I thought I would put something in Other Information on the lines of Claimant frustrating proceedings and attach copies of my letter and their replies.What do you think?

Edited September 22, 2010 by shirei12
typo

[AndyOrch]

Absolutley Shirei

 

Andy

[shirei12]

Thanks for all your help Andy. AQ completed and ready for posting.By the way I have put in that claim for PPI on the old account. Just wait for their refusal then off to FOS again.

 

Shirei

[shirei12]

Today is the last date for submitting my AQ (which I have done) would this be the same date for claimants AQ?

[AndyOrch]

It would Shirei

 

Andy

[shirei12]

Thanks Andy,I will give the court a call and ask for a copy of theirs.