Jump to content


  • Tweets

  • Posts

    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3630 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I've recently split from my husband - the financial pressure is just too much. We have a lot of debt and negative equity in our home. I owe 22,500 and my ex owes 12000 on credit cards and loans. I stopped paying most of, mine over the last year and I don't answer phone calls and mainly ignore the threatening letters. I work 3 days per week as a primary school teacher and I get tax credits as I have a 14 month old daughter. My ex pays the mortgage - well it's in his name anyway! I pay everything else. That makes it a struggle to just survive from month to month. I know that eventually I might be taken to court for making no payments but I'm not worrying about as I figure I should just apply for lila br then. I have no assets and a low income. I have cca'd all my creditors and none of them have beeen able to produce my original signed credit agreement. Hopefully they'll all go away and in 6 years my credit file will improve.

 

Anyway, my husband no longer wants the house in his name and wants to sign it over to me. As I don't want to move house in the future this is fine with me as I'm sure I won't have negative equity in the house forever. The negative equity is about £40,000. He says he's happy to keep paying the mortgage but he wants it off his credit file so that he can get another mortgage. My name is on the title deeds but not the mortgage. As I cannot obtain a mortgage due to my position can he do this? The mortgage is with northern rock. Hope this makes sense, any advice would be appreciated.

Share this post


Link to post
Share on other sites

The fact that your name is on the house title rules out LILA. Under the present system the only way you could bankrupt is if a creditor takes court action and serves a charge for payment. Please note that many creditors obtain Decree but never serve the charge as they know it will be used to go through the Sequestration procedure. However, council's now serve a charge for Council Tax arrears and Parking Tickets. To cut to the quick Bankruptcy is not an option without this document.

 

You could consider the alternative, which is Trust Deed, in the event that you did not make payment, your Trustee would have an automatic right to Bankrupt you.

 

As for the house it is unlikely that any Trustee would have an interest in a property that has such a high level of negative equity.

 

I apologise for the way this is written as I am very short of time.

 

Nevertheless, I hope it is of some assistance.

Share this post


Link to post
Share on other sites

more info on trust deeds:

 

National Debtline Scotland | Debt Advice | Factsheet 21 Trust Deeds

 

re the house, if you cannot get a mortgage then your ex is stuck with it


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites

You will need to consult a family law solicitor to prepare a Minute of Agreement to ensure that your husband meets his financial obligations to you and your daughter.

 

The concern is that he might expect you to take out a mortgage for the house thereby releasing his obligation and allowing him to get a mortgage to buy his own house.

Share this post


Link to post
Share on other sites

A Minute of Agreement is a legally binding agreement which is drawn up by solicitors acting for both parties.

 

Given your situation, you would want to ensure that your husband is legally committed to providing financial support for you and your daughter. Should he fail to provide that support then you would be able legally recover any monies due.

 

To do this you will need to consult a family law solicitor - shop around for quotes to ensure that you are getting the best deal. A friend of mine recently paid £900 in legal fees to her solicitor for a Minute of Agreement to be neogotiated and agreed.

Share this post


Link to post
Share on other sites

I agree with Crocdoc, Ida and Joemcm, if you intend not to pay the creditors any money at all due to the absence of a valid CCA copy as you have said, then you should now send them the account in dispute letter.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...