Abbey loan CCJ T&C - Help please

[Battle weary]

I have a debt with Abbey National going back 10 years. I have asked for a copy of my credit agreement at the time it was with Equidebt back in 2007. There was no T&C with the mocrofiche sent and I disputed. The debt has since been sold, without my query being resolved, and I am being taken to court. The Sols for the DCA have provided a copy of the agreement and T&C - but the T&C refer to Santander??? Why, when I was supposed to have taken a loan with Abbey National -- there was no Santander. The microfiched loan page seems ok, the signature appears to be mine, but the personal details regarding date of occupancy of the property etc are not correct. Funny considering that I was an employee of ANBC. I would not have signed anything that was factually incorrect.

 

How do I respond to Court hearing. I don't want a CCJ

[slick132]

Hi BW,

 

You say you're being taken to court. What stage are the proceedings at.

 

Have you acknowledged the claim .

 

By what date must you file your defence.

 

Have you sent CPR 31.14 or CPR 18 letters to the bank's sol'rs. Read about this in the Stickies at the top of this forum.

 

Re the discrepancy you mention about the date of occupancy being incorrect, does it show the wrong property, wrong dates for previous address, or what ?

[Battle weary]

Hi there

 

Received summons dated 11 May on 13 May. Particulars of claim state the claimant is the assignee of a debt from Abbey National PLC. Loan number xxxxxx. Notice of assignment having been given to defendant in writing. Despite demand for payment £xxxx remains due. The claimant claims £xxxx and interest under s69 County Courts Act 1984 and costs.

 

I have not yet responded because I don't know what to do.

 

The copy of the 'loan agreement' states that I had lived in my property for 3y 0m. In fact I had been living there for 10y 1m back in October 2000.

 

The first copy of the agreement I received via Equidebt on behalf of Abbey National was just one page of 7 without any T&C's. I disputed and the debt was sold by Abbey to Cabot.

 

Cabot have come up with the same one page copy of the agreement but the T&C's they attached have Santander named on them.

[slick132]

Hi BW,

 

You need to acknowledge the claim within the time shown on the claim form. You can then set about putting your defence together, and getting info from the claimant which you require to defend.

 

Can you post a copy of the loan agreement they sent you. Hide your name, address and other personal data. See here for guidance on how to do this - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Also see here about using CPR31.14 to respond specifically to their Particulars of Claim - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

See here about requesting info using CPR18 - http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048109

Edited May 17, 2010 by slick132
edit

[Battle weary]

Hello slick132

 

Thank you for the information. I will scan and attach this evening. When I got a letter re recovery from Cabot's sols I sent them the letter stating whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974. etc....This was done on 1st April. I then received the Summons dated 11 May. I have now received a letter from Cabot dated 14 May, after the summons was issued, stating that my letter to their sols was forwarded to them on 12 April and they have asked Abbey to investigate my concerns. Why issue a summons when there is an outstanding query? Can they do this?

 

[Battle weary]

One of 3 emails with attachments

[Battle weary]

2 of 3 emails with attachments

[Battle weary]

3 of 3 emails

[Battle weary]

I have posted 3 sets of attachments.

 

email 1 is a copy of the allocation questionaire

 

email 2 is a very long letter in response to my letter asking for agreement, assignment, default and termination under CPRPD16 7.3 and CPR31. Can anyone help as I don't have a clue what they are on about. The T&C's are not the original that would have been issued with the agreement. If you look at the agreement where it asks is existing credit being settled it refers to clause 7 overleaf. Clause 7 of the T&Cs refers to PPI - section 6 refers to early settlement of existing credit.

 

Email 3 is some excerts from the Assignment document 95% of which has been blanked out. For some reason it did not upload properly.

 

I really need some help with these solicitors. Court Hearing early November. Do you think I need a solicitor or can I get some good advice from others on this forum?

[bazaar]

they are all too small to read,

[slick132]

This guide should help you post the doc'ts so we can see them.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

8-)