County Court Claim Form Received - Please Help Me !

[inthewind]

Thanks, I've got a load of noise going on around me at the moment so will print, sit & read a little later. I'll try to come up with a defence statement if you don't mind looking over it ?

 

I'll also try to double check the figures qouted as the account got passed along and check what info is still missing that I've already requested (statement of payments etc).

[AndyOrch]

For information:-

 

11-Failure to give notice of sums in arrears After section 86C of the 1974 Act (inserted by section 10 of this Act) insert— “86DFailure to give notice of sums in arrears (1)This section applies where the creditor or owner under an agreement is under a duty to give the debtor or hirer notices under section 86B but fails to give him such a notice— (a)within the period mentioned in subsection (2)(a) of that section; or(b)within the period of six months beginning with the day after the day on which such a notice was last given to him.(2)This section also applies where the creditor under an agreement is under a duty to give the debtor a notice under section 86C but fails to do so before the end of the period mentioned in subsection (2) of that section.(3)The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.(4)The debtor or hirer shall have no liability to pay— (a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or(b)any default sum which (apart from this paragraph)— (i)would have become payable during the period of non-compliance; or(ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).(5)In this section ‘the period of non-compliance’ means, in relation to a failure to give a notice under section 86B or 86C to the debtor or hirer, the period which— (a)begins immediately after the end of the period mentioned in (as the case may be) subsection (1)(a) or (b) or (2); and(b)ends at the end of the day mentioned in subsection (6).(6)That day is— (a)in the case of a failure to give a notice under section 86B as mentioned in subsection (1)(a) of this section, the day on which the notice is given to the debtor or hirer;(b)in the case of a failure to give a notice under that section as mentioned in subsection (1)(b) of this section, the earlier of the following— (i)the day on which the notice is given to the debtor or hirer;(ii)the day on which the condition mentioned in subsection (4)(a) of that section is satisfied;©in the case of a failure to give a notice under section 86C, the day on which the notice is given to the debtor.”

[inthewind]

Thanks, I managed to get the creditor to agree an extention for me to file my defence. I now have until the 21st. So should be able to make a better one that the rushed one it would have been.

[inthewind]

Okay, having gone through things in a little more details I've got the following:-

 

Account fell into arrears on Feb 2004, approx balance was £1,677

By Aug 2004 it had gone up to £1,992

I rang MBNA to ask about what charges were applied and the lady told me she could only go back 12 months on her system, so maybe an SAR needed here to get full details (would charges have any bearing on this case?)

Account numbers seem to have changed from what was initially on the first letter I got in 2004 to what I've received more recently. (There are three difference account numbers quoted between the companies that deal with this case since 2004.

My letter of assignment does not state the balance assigned, does this matter ?

I received a ;letter before action; in April 2001, the balance was £1885.36.

I received a letteradvising of litigation the same date that the CCJ form was issued (their charge for the litigation £102)

CCJ form claims debt of £1987.36 + interest of £183.94 (@ 8% from 25/02/2010 to 06/06/2011) totalling £2171.30 + £75 court fee = £2246.30.

CCA request was responded to with 2 of 4 pages, no APR stated, no current terms and conditions etc, just the original CCA. The statement of account was the last 12 months of payments, not since they took the account over in 2008.

 

I also spotted a number of letters requesting a statement of account and details of any charges that I had written over the years, I never received any information on any charges that had been applied to the account !

 

Now I just need to read up on DN's and the relevance of not being given enough time to remedy them. I also note, I never received a termination letter, but not sure if one is required before court action is started. Having not terminated the agreement, are they able to just issue a new DN which is compliant ?

 

Any thoughts on all this ? I'm tempted to get a solicitor but not sure if one is needed just yet or only if this goes to court as I'm not proficient in the legalities enough to make a stong defence with on the spot questions and cross examination (does that happen in these sorts of cases?).

 

Wow, so confused.........

[AndyOrch]

Hi ITW

 

Ok the fact that the account fell into arrears 2004 the Claimant will argue that Notice of Arrears dont matter as this was introduced 2008 and is not

retrospective.This is a wooly area as it doesn't state it is or not but they must comply with the amendments from 2008 and still give notification.

 

Andy