Advice Needed Please

[johnnybgood]

sorry Andy,

all I have is a letter of asignment from the new owner and not the previous owner..and I asked for the deed so as to prove ownership of the debt...as the letter does not prove anything.

 

Johnny

[AndyOrch]

Fair enough Johnny if the DJ allowed the request good for you but a lot of Caggers do get them mixed up

 

Andy

[johnnybgood]

cheers Andy..I didnt want to come accross as if I were trying to tell you your job..after all i'm asking you for the advice feel free to correct me anytime..

I really appreciate your help!

 

Johnny

[johnnybgood]

Hi Andy, hope you are well..

 

The docs that the Claimant has served are all faulty, the court has asked if I am happy with what the claimant has sent..

I said no..because of the dates on the docs they cant relate to the claim..

should I request the same docs again? or accept them and use them as defence?

i have to put it in writing to the court what I am unhappy with..not under order tho..

can I ask for proof of service of the DN and LOA?

 

 

Cheers.....Johnny

[AndyOrch]

Hi Andy, hope you are well..

 

The docs that the Claimant has served are all faulty, the court has asked if I am happy with what the claimant has sent..

I said no..because of the dates on the docs they cant relate to the claim..

should I request the same docs again? or accept them and use them as defence? If thats what they have no point as only duplicates will be furnished

i have to put it in writing to the court what I am unhappy with..not under order tho..

can I ask for proof of service of the DN and LOA? NoA Absolutely

 

 

Cheers.....Johnny

 

 

Regards

 

Andy

[johnnybgood]

Hi Andy, hope you are well..

 

quick update.. sent in defence and i'm waiting of the outcome..meanwhile the dca has sent a statement of acc stating that the full amount due is arrears..

do you think this is a plot to try to misslead the court into thinking the amount claimed is arrears?

would they have to prove that the amount is correct?

 

 

Johnny

[AndyOrch]

Hi Johnny

 

Well whatever they claim, the statements, the DN, the Summons and any termination must read the same.What ever they wish to call it arrears or balance or outstanding debt is neither here nor there.

 

Regards

 

Andy

[johnnybgood]

Hi Andy,

just a quick question..

 

this claim started in nov 2009...will the carey case regarding cca apply to this now?

 

thanks...Johnny

[AndyOrch]

Would depend on the Claimant raising it in their case.

The Carey case has clarified that the court has the power to declare whether there has or hasnt been a breach of section 78 and all cases will be considered on its own facts. It has clarified that a mere breach of section 78 will not of itself create an unfair relationship but that is not to say that such a breach is never going to be capable of creating an unfair relationship.

The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to make payment. A failure to produce such a document is still capable of rendering the agreement unenforceable.IMHO

Regards

Andy

[johnnybgood]

thanks for the reply Andy..

 

I'm being attacked by all sides at the min..bit depressing really..

 

if a creditor splits a debt with no mention of arrears.. and gets a ccj for a small part..can they legaly then issue another claim for the rest? and if not.. is it up to me to point that out before they start a new claim.. bit like accepting unlawful rescission..

 

cheers...Johnny

[AndyOrch]

Cant split a debt and if they have and gained a CCJ then a set a side would be the order of the day because it has obviously gone undefended and gained by default through Northampton.

 

Andy

[johnnybgood]

Hi Andy,

 

they actually got the ccj by acceptance..I thought it was for arrears..but there is no mention of arrears in the poc.. plus it was far less than the balance.. I asked them why they did this and they said it was because it was cheaper.. who for them or me? lol

can I still get this set aside? as after finding this place i realise that I should have defended in full as I have a termination notice and default notice that were served on the same day..

 

thanks...Johnny

[AndyOrch]

Hi Andy,

 

they actually got the ccj by acceptance. By you, you accepted it?.I thought it was for arrears..but there is no mention of arrears in the poc.. plus it was far less than the balance.. I asked them why they did this and they said it was because it was cheaper.. who for them or me? lol Them lower the balance lower the Court Costs

can I still get this set aside? Bit Tricky now you have accepted it and how long ago are we talking? as after finding this place i realise that I should have defended in full as I have a termination notice and default notice that were served on the same day.. If only hindsight hey??

thanks...Johnny

 

 

 

Andy

[johnnybgood]

I accepted it.. I know I was wrong.. but on the bright side.. they cant go after the other part can they?

 

Johnny

[AndyOrch]

Shouldnt, but they never fail to suprise me :-obut this time you will be prepared8-)

[johnnybgood]

I thought it was illegal to split the debt.. I read it on here somewhere..

so can I defend the rest using unlawful rescission now that I have the DN and TN that were sent on the same date...as I should have done with the first part?

 

Johnny

[AndyOrch]

You read it here my post 86.Have they commenced litigation on the second part? Is this the part of this thread/debt Johnny? If so has i have asked how old is the CCJ?

I was under the impression you was just asking the question.

[johnnybgood]

this is another debt.. no news on the one on this thread..

yes I read your post but also read it elswhere..l.. found it..

 

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts

 

does this apply to that debt?

 

Johnny

[johnnybgood]

oh i forgot to say..no litigation as yet on the split one.. just got a feeling that because its nearly paid that they will go for the rest..

 

Johnny

[AndyOrch]

this is another debt.. no news on the one on this thread..

yes I read your post but also read it elswhere..l.. found it..

 

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts

 

does this apply to that debt?

 

Johnny

 

 

Thats the one!!

[johnnybgood]

Hi Andy, Hope you are well..

got a date for a hearing coming up re original cc debt..

I submitted my amended defence.. but have not had a reply from the claimant.. i got a copy of their AQ and thats all..

are they supposed to respond to the defence?

the hearing is set for the middle of dec.. i'm trying to do a witness statement now.. but not exactly sure what to put in it at the moment.. i have since found docs in support of money in dispute with the OC that show I have a reasonable counter claim for unfair charges and ppi.. is it too late to make a counter claim?

for my witness statement.. I have..

No compliant NOA

No compliant DN

illegible CCA without terms

default registered by OC without sending DN and a letter saying they would register a default and sell the debt.. no mention of DN in any of their comms

unsure what to do about costs..

bit stuck on how to word it all at the moment.. any help would be greatly appreciated

 

Johnny

[AndyOrch]

Hi Andy, Hope you are well..

got a date for a hearing coming up re original cc debt..

I submitted my amended defence.. but have not had a reply from the claimant.. i got a copy of their AQ and thats all..

are they supposed to respond to the defence? They will later in their WS

the hearing is set for the middle of dec.. i'm trying to do a witness statement now.. but not exactly sure what to put in it at the moment.. i have since found docs in support of money in dispute with the OC that show I have a reasonable counter claim for unfair charges and ppi.. is it too late to make a counter claim? No this can be done vis a N244

for my witness statement.. I have..

No compliant NOA

No compliant DN

illegible CCA without terms

default registered by OC without sending DN and a letter saying they would register a default and sell the debt.. no mention of DN in any of their comms

unsure what to do about costs..

bit stuck on how to word it all at the moment.. any help would be greatly appreciated

 

Johnny

 

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Regards

Andy

[johnnybgood]

thanks for the reply Andy..

when do I submt the N244?

 

is it with the WS ? and also do I have to specify an amount?

also can I claim compensation for registering a default without sending a default notice?

 

thanks..Johnny

[AndyOrch]

thanks for the reply Andy..

when do I submt the N244? When you have prepared you claim

 

is it with the WS ? and also do I have to specify an amount? well yes

also can I claim compensation for registering a default without sending a default notice? no dont go there they would simply state they did send one

 

thanks..Johnny

 

Andy

 

[johnnybgood]

thanks Andy..

 

would a letter of intent to register a default and sell the account to a third party qualify as a termination of an agreement?

the letter says.. unless you pay £xxxx amount before xx/xx/xx we will register a default on your credit file and sell your account to a third party..this means that you will no longer be a customer of xx and responsibility for recovery of the outstanding balance will be solely that of the purchaser.

 

Johnny