Drydens lawyers want a charging order

[DonkeyB]

First step is a CPR request.

 

You want them to furnish a copy of the agreement and a copy of the DN, and anything else they intend to rely on in court.

 

I'd like to get more feedback from Caggers on the legality of the DN and termination notice they issued - to recap, DN dated 15 January, account terminated 3 February.

 

So...

 

DN dated Friday 15 Jan.

First day posted = Monday 18 Feb. Say, three days delivery = taken as served on Thursday 21 January.

14 clear days to remedy takes us to Thursday 4 February. Account terminated 3 February.

 

Is this correct, Caggers?

 

If so, the account was terminated early, it's only the arrears they can claim, and the contract would also have been terminated unlawfully. This could give rise to a counter claim for damages.

 

Incidentally, did the default notice ask for arrears or the whole balance? This could be important.

 

It would also help if you could let us see any copies of the DN, termination letter ad agreement you have.

 

They are claiming relief under S87.1, so they have to abide by it - and they haven't, IMO.

 

So - CPR request, and acknowledge online and state you will defend.

[supasnooper]

Good stuff from DonkeyB posted there for you mg_phil.

 

I'd just add that you read these links as well as looking around the forum -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[DonkeyB]

Thanks snoops!

 

My worry here is that this borderline-faulty DN is all we have to go on as a defence at the moment, and although DNs are not a de minimis issue, judges tend not to have a good grasp of the detail of the law. Being almost certainly small claims, the latitude for the judge is also much wider.

 

In the CPR, you need to also ask for full statements of the account, as then we can look at the issue of unlawful charges. It only takes one to render the DN faulty, and the claim faulty, although these issues can sometimes be resolved (though not the DN) and a fresh claim issued.

 

If you got the charges back, would you be willing to negotiate a repayment plan with them? Defending this could be viewed in that context as a tactic to get you a result you're happy with. In this light, you may want to consider a without prejudice proposal to them. If they refuse, and you win, you can then present this to the judge when claiming costs.

 

That said, you have offered token payments and they are pushing for judgment and a CO, so IMO they deserve a kicking!

 

This remains a huge problem for the DCA industry - when confronted with people who want to pay, they get greedy and try to put the boot in. You're not a "won't pay", so you have my unswerving support.

[mg_phil]

donkeyb

Thanks for your help

I will scan and post up DN and termination Letter

 

Have i interpreted things correctly if there is charges on my credit card agreement i.e the £12 late payment fee and £12 over limit fee then the amount they are suing me for is incorrect and that's a defence.

[DonkeyB]

donkeyb

Thanks for your help

I will scan and post up DN and termination Letter

 

Have i interpreted things correctly if there is charges on my credit card agreement i.e the £12 late payment fee and £12 over limit fee then the amount they are suing me for is incorrect and that's a defence.

 

It is, but it's not the best! A judge would think you were clutching at straws, to be honest. There is no legal ruling on credit card charges, as there is with bank charges, so you could appeal them - however, the CC companies have reduced their charges significantly in the last couple of years.

[mg_phil]

[DonkeyB]

I note it says 'before 03/02/2010', ie. by close of play on 2 Feb. this further stuffs the DN.

[mg_phil]

thanks everyone for helping me out here

BTW as a last attempt to prevent court action i had offered £10 monthly payments and i got another letter from their lawyers today which said pay the £10 a month but we still going to get a charging order as we are going to say to the judge we want all sums owed forthright and not monthly payments.

[DonkeyB]

Even better. They have taken a shotgun to their whole leg. Frankly, it's a piddling amount to go for a CO, and the judge will not be happy as you have offered to pay.

[mg_phil]

you mentioned earlier that i should put in a CPR request

please forgive my ignorance but who do i send that to.

i have the customer copy from when the agreement was taken out,and as i mentioned in an earlier post they have got my name wrong,however on the court summons they appear to have got it right

A thought

If the agreement signed by myself is in the wrong name for example phil_mg and the court summons is in mg_phil will they be able to use that agreement in court,or am i clutching at straws I don't mind paying my debts,just don't want a ccj

[DonkeyB]

CPR request goes to Drydens.

 

I think the wrong name is hardly an issue.

 

But we want to use CPR to see if they will offer up a dodgy DN to help their case. And who knows - there may be issues with the agreement. These French companies...

[mg_phil]

donkeyb thanks

sorry about all the questions

is there a templete letter for cpr and do i need to do anything yet with the court docs

i do appreciate all the help i get on here

[mg_phil]

here is my copy of the agreement

 

[supasnooper]

Link to a CPR 31.14 request letter - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Please do read the links provided.

[kken67]

Hi, just came across your thread today as i havent been on for a little while. I have been in exactly the same position with Drydens and over a a creation account aswell. They got a CCJ, then an interim charging order. The whole time i was writing to them asking them to be reasonable as they were being paid through the CCCS but like you they said it was going to take too long to pay back. I was panicking over the final charging order hearing which was a couple of weeks ago but the judge refused the order and basically said its was a petty amount (1000) and it was clear i was taking responsibility for my debts. It would appear Drydens are going for charging orders a lot atm but arent getting them allowed.

I cant help you with the legal ins and outs as i dont know enough about it all unlike some on here who are brilliant help but offer an understanding ear. Hope all pans out well for you.

[mg_phil]

Thanks for the support KKen .

did the judge give them an interim charging order straight away,or did you default on ccj ?, if you don't mind me asking.

Really don,t no what to do. i will send cpr letter but i already have all the original paperwork that was sent to me

[kken67]

Thanks for the support KKen .

did the judge give them an interim charging order straight away,or did you default on ccj ?, if you don't mind me asking.

Really don,t no what to do. i will send cpr letter but i already have all the original paperwork that was sent to me

Hi sorry to have taken so long getting back to you but computer was in the shop. Yes the judge did give them an interim charging order. I believe there is no hearing for this once they have been awarded a ccj. They got the ccj by default as i didnt get the paperwork from the court and basically couldnt afford to get it set aside. Creation are part of my dmp with cccs but were unhappy with the length of time it would take to be repaid. Dont worry too much, I would be happy to help you with what to say at the hearing if it went to a final charging hearing. The judge actually seemed peed off that creation are bringing all these cases to court.

[Honeypot]

subbing

[mg_phil]

OK Big Shock arrived in post this morning

I had filled in the court papers and asked to pay monthly instalment of £2 as I have Mortgage arrears and other priority debts to deal with, however,Drydens did not agree with my offer and the judge has issued an order that i pay £240 a month

 

Really don't no what to do

i don't have £240 spare every month

Anybody

HELP

[mg_phil]

anyone

[Deb T]

You need to go back to court and request lower payments...., as in you need to ask the courts for a redetermination and it must be requested within 14 days of the recent order being made against you?

If it's granted you'll have to go to court and explaint your circumstances re how much you can afford to pay etc.

[cerberusalert]

You could apply to the court for a 'variation order' because of your circumstances. If you ring your local court offices they'll be able to give you the info you need & cost (I think it's £30).

 

See; ø N245 form ø

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf