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Help Need Summary Hearing - do I fight it or accept it

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hi,

 

I need some help/advice regarding an old credit card debt that I originally took out in 2003.

its not staute barred as I have been making payment to a DCA upto 1 year ago.

After finding this site I decided to CCA request them as they were being very nasty towards me, in response i recived a CCA that does have my personal information on the front, the terms and conditions are on the rear of the A4 sheet. The CCA has been reconstructed, folds on the front to not match folds on the rear, the front refers to term and conditons over leaf which are not there.

so in summary the CCA has been made up.

Can i defened on this, I was going to just roll over and take the judgement but if its worth fighting I will.

If its not worth fighting should I send in a offer of payment instead of a defence?

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Hi nometer

 

Could you scan and post the document but remove all personal details. Also have you been mis-sold PPI or do you have Penalty Charges on the account which you could claim back with contractual interest? You can claim them back over 6 years plus.

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Thanks for replying rebel. I will scan the agreement up and post it on here later when I finish work. On the statements that I have been sent show alot of late payment and over credit limit fee's.

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Thats fine, you can get at least 6 years worth of statements from them by sending a SAR Request with a postal order for £10. Spreadsheets and Templates can be found on this this site. Charges plus interest is the best way to procede. The account will be in dispute. They got 40 days to send you the data you require.

 

Thanks for replying rebel. I will scan the agreement up and post it on here later when I finish work. On the statements that I have been sent show alot of late payment and over credit limit fee's.

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Can i defened on this, I was going to just roll over and take the judgement but if its worth fighting I will.

If its not worth fighting should I send in a offer of payment instead of a defence?

 

 

Wait before you submit your AoS until you have posted a copy of the agreement up.

 

Regards

 

Andy


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I have attached the credit agreement

 

On the copies I have you can see the signed sheet 1 has been folded, where sheet 2 has no fold marks. also it refers to some terms on the reverse which are not there.

 

http://i681.photobucket.com/albums/vv174/gazzasaki/Cap%201/moddedcap11.jpg

 

http://i681.photobucket.com/albums/vv174/gazzasaki/Cap%201/1057_002.jpg

 

 

I have the statements back to 6 years old, I will start to list the sum of all the charges.

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Any opinions on the cca.

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Bump

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2nd bump

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Sorry to keep bumping but really could do with some advice, if the credit agreement is enforceable then I need to get the charges knocked off and make an offer of repayment

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What if its not enforcible and im not saying it is or not.

 

 

 

Andy


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Then I defend, i've read through the thread by pt and I dont want to waste costs defending the undefendable. It does look a bit suspect to me with the folds and it refering to terms that do not appear on sheet 2.

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Nothing is undefendable the outcome may vary though.Lets say its enforceable any you dont defend and make an offer of payment,I assume through the N1 pack.So you will admit partial liability.

Result will be CCJ and the Claimant may or may not refuse your offer.

Lets say you defend all irrespective if the agreement is enforceable or not you will have opportunity to raise the matter of penalty charges and thus have a bargaining position with the claimant and a slim chance of the claimant discontinuing therefore avoiding the CCJ.

They may even be prepared to offer a Tomlin Order to avoid further legalities all these opportunities open once you defend a claim.Anything less will surely end in a guaranteed CCJ for 6 years.

 

Just a few options for you to consider.

 

 

Andy


We could do with some help from you.

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The summary hearing is next week so its gone way past the N1 stage..

I have added up all the charges and it will knock just over 2k off but still a good few thousand remains.

I initially stated that I was going to fully defenend the claim as they had only sent some terms and conditions to me, not knowing that they were going to find this credit agreement after my CPR request.

I can make them a reasonable offer of repayment of around £100 supported by income and expenditure form, i'm not sure when and how I have to do this.. Do I make an offer direct to the creditor or too the court?

I was under the impression that the judge would decide the amount if the creditor refuses the offer?

If I was going to defend on the CCA would the judge just think I'm winging it and give less symathy to my payment offer.. This is my first experience off all this..

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Hi nometer

 

The unenforceability of an agreement is a risky business, you might have enough charges plus interest to see off the remaining balance. Theres very little risk associated with credit card charges.

 

'I have added up all the charges and it will knock just over 2k off but still a good few thousand remains',

 

have you worked out the compounded contractual interest which would add up to quite a bit?

 

Heres the spreadsheet link, you want Credit Cards Advanced http://www.consumeractiongroup.co.uk/forum/content.php?559-Interest-Calculation-Spreadsheets.

 

Your charging them at the compounded contractual rate on each charge. So you charging them at the current rate that they've been charging you.

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I have my hearing this morning at 10.30, not slept too well.

I have a question regarding payment offer, if the judgement goes shaker me should I indicate that I need to pay by installments and make my offer today? This is my first ever court case and will be my first ever CCJ.

Will they decide today if the payment is forthwith and if so how long do get to resolve this with my offers

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Hi nometer

 

I would explain to the judge that you've just found out that you've got Penalty Charges on the account and that your in the process of claiming them back, it's a

Significant-Amount. Thats how I would approach it, see what the Judge says.

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It may be too late but did you query default notices, termination notices, PPI ?? CPR31.14 ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Notices of Assignment ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And when complying with s.78, creditors need not provide a document

which in form would comply with the Regulations. The reconstituted

information may be contained in a number of documents. However, if the

agreement has been varied, the creditor must provide a copy of

the original agreement and its terms, as well as any variations to it. It would

not be good enough for the creditor to provide only the most up-to-date

variation,


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I did request both notice of assigment & default notice. No poo as I never took any out. I sent two requests for information via CPR, all I recieved was cca which looks dodgy, no default notice, a notice of assigment but only between the dca when it changed it's name not cap one to dca. I did receive statements which show lots of late payment charges and overlimit fees

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So they failed to provide a valid default notice and termination notice under your civil procedure rules request....well you should also mention that to the judge.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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In summary

 

1, i'm unable to defend this claim as the defendant has failed to supply me with the documentation requested under the civil procedures rule, on two occations I have requested a copy of a default notice and termination notice. On both occasion the claimant has failed to supply me with this information.

2. The credit agreement supplied is made constructed from 2 separate documents as I believe the original does not carry the correct terms and conditions to be enforceable in court.

3. I also dispute the amount being claimed as it can be seen by the statements provided that the amount is made up from a substantial amount of unfair charges

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Its A Summary Judgment Hearing going from your thread title Nometer. Have you received the Claimants application and Witness Statement/Affidavit?

Have you prepared anything in defence such as a WS from yourself?.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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