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court date mnba help!


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He's obviously entitled to his opinion :-)

 

You've issued CPR 31.14 letters on a claim over 5k, the letters may well be "toothless" but an application into the court and the subsequent order by the judge wont be.

 

As with all threats its only powerful if followed up by an application to court, so if you want to force them to disclose then you'll need to get an application into court.

 

S.

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Why not just wait until AQ stage and request said documents within your Directions (Fast Track) that way you save £40

and you get the DJ to issue your ultimatum.Now thats got teeth:wink:

 

Regards

 

Andy

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LL if you want to put in an application its form N244 from the hmcourts website, we can guide you through filling it out... or you can follow Andy's suggestion and wait until the AQ stage which probably wont be long as you've filed your defence now.

 

S.

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my solicitor says she has spoken to link and they would like my ex partners details as we think it is he who took out this card...but I'm thinking hang on a minute...they havent produced anything despite my requests and i dont think we should at this stage be giving them anything when they havent provided anything to prove this debt exists? wondering if she knows what she is doing?

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I have to agree, you should not send anything they to do the proving.

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  • 3 weeks later...

finally received a copy of the agreement very small hard toread. i note that on the signature page it refers to condition 11 on the t & cs but on the t & c page there isnt a condition 11. I seem to remember that before 2003 there was a discrepancy about the t &cs? they also sent copies of letters sent to my old address in 2008 and 2009.

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Can you post that up for the Guys to see please.

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Application flyer with no prescribed points as defined by the CCA1974.

 

Andy

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that is definitely not a complying agreement.

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sorry is that that they should have sent? what do i reply to them?

 

Nothing you know its useless let them try to enforce it.

 

 

Andy

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No because then they will produce a reconstituted version and some gullible DJ will accept as ok.

Forewarned is forearmed.:wink:

 

Andy

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Lots of that going on Any seen lost today.!!

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No because then they will produce a reconstituted version and some gullible DJ will accept as ok.

Forewarned is forearmed.:wink:

 

Andy

 

so im best to just let it run now and wait for the court date? sorry im such a numpty..are they likely to suddenly produce something else in court and leave me with no defence to it? and surely if they prduced a reconstituted version it would be obvious?

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Shouldn't think so or they would have sent one in favor of what you have received.

 

Andy

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  • 2 weeks later...

i ran the above past my solicitor and got this back....your comments please?

 

 

unfortunately i am satisfied that the informationthey have provided us does comply with the consumer credit act 1974. the documents disclosed to us are nto simply a copy of an original application form (which would be the printout of the online application form). it is clear from the documentation that they haveprovided us with a signed agreement along with the terms and conditions that are the prescribed terms under the regulations. in particular in respect to the amount ofrepayments which is contained at 1.4 and 1.2 in addition to that the rate of interest is also stated and in my opinion that amounts to a statement of repayment.had link simply sent to us a copy of the online application form i would agree with you that this would not comply with the consumer credit act, unfortunately as they have produced the signed form which was subsequently sent to you along with the terms and conditions this will satisfy the consumer credit act section 60 (1) cca 1974

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