Court Papers Received shoesmith old Mint Card A/C

[BillyTommo]

Long story short, several cards, ever increasing APR, stopped paying most about 8 months ago. Cue phone calls and letters. CCA'd Mint regarding my account with them. They supplied the attached information.

 

Since then I have had letters from both Triton and, latterly, Shoosmiths. They have just sent me court papers which I have 14 days to reply to, (followed a day later by another Shoosmith letter reinforcing the points that they had sent me a couple of days before!

 

 

 

I'm unsure of my next course of action and would greatly appreciate any advice provided. I was thinking of requesting the time allowed for a response is extended to 28 days to give myself a bit more time.

 

Edited November 21, 2011 by BillyTommo
Wrong file attatched

[BillyTommo]

CCA'd RBS and got this:

 

[ATTACH=CONFIG]31632[/ATTACH]

 

Then received this [ATTACH=CONFIG]31636[/ATTACH]

 

Followed by a reminder two days later![ATTACH=CONFIG]31635[/ATTACH]

 

Apologies for messing up my first post. It is my first time trying to attach images.

[AndyOrch]

Too small to decipher Billy re upload using photo Bucket or similar.

 

Andy

[BillyTommo]

Thanks for the reply. This is the first time I've tried to upload. I've created a Photobucket account and uploaded all of the documents, minus all the personal details, and I will try and insert a link here:

 

http://s1098.photobucket.com/albums/g378/billytommo68/?albumview=slideshow

 

If I can make the information simpler then just let me know. Time is of the essence so if anyone could have a look then I would greatly appreciate it.

 

TIA again

 

BT

[AndyOrch]

The claim was issued 14th Nov you have 33 days in total to deal with this (5 deemed served so thats 28 (14 to AoS Acknowledge and plea) and a further 14 to submit a defence should you wish to defend the claim.Plenty time to consider your response.

 

Andy

[BillyTommo]

I have been a bit 'head in the sand' with this. I am green to say the least in all this kind of thing. Do you have any advice on the best course of action for me to take?

[AndyOrch]

You can either defend in full or a partial defence or accept and offer payment.A defence may be unfair charges or miss sold PPI or a dispute.

Their behavior in pre action or a non response to a Sec 77/78. The documents uploaded are standard T&Cs (who knows what date) the application is just that an application 1998 (no prescribed terms within the sig area unless it refers to T&Cs overleaf or attached).Have you ever received a Default Notice?

 

Regards

 

Andy

[BillyTommo]

Yes, I have a default notice dated 15th February 2011 followed by account termination dated 8th March 2011. I can post copies of these if that helps.

 

BT

[AndyOrch]

Post them up (less any identifiable data) when you get chance Billy (retain the dates)

 

Andy

[BillyTommo]

Here are, hopefully, the two pages of the default along with the one page of the account termination.

 

http://s1098.photobucket.com/albums/g378/billytommo68/Def%20and%20Term/

 

I did not have any PPI or charges to reclaim, until I stopped paying of course.

 

Thanks

 

Billy

Edited November 24, 2011 by BillyTommo

[AndyOrch]

Ok Billy the notices look good (apart from the 17 days after this Notice) it should state a date xx xxx xxxx, but that alone is not enough to judge them invalid.

 

Regards

 

Andy

[BillyTommo]

Okay, thanks for the reply but what course of action can you recommend?

 

BT

[AndyOrch]

The only thing you have is the application they sent in response to your Section 78 request.At best thats all it is an application and not a CCA.This was 1996

and most agreements fall foul of the CCA1974.There are no prescribed points within the Sig area or key financial terms.I can not see any reference to any as being attached or overleaf.You may come a cross a saying whilst researching this a phrase " within the four corners " I would suggest at best yours is unenforceable but you will need to research and build a defence as to why.There are numerous threads here on Cag with regards to why is my agreement unenforceable, I would suggest you study up its the only defence possibly applicable in your claim.

 

Regards

 

Andy

[BillyTommo]

So in response to my CCA request I was sent an application form and not a CCA. Does this mean that the account is automatically in dispute or do I have to tell them. Like I said previously, I have had my head stuck in the sand over all of this so have just ignored everything hence the court papers. Can I retrieve the situation?

 

Thanks

 

BT

[AndyOrch]

Technically yes, as they have failed to comply (not that they are aware of) as they would have you believe the above was ok and acceptable.

I wont miss lead you Billy defending on a unenforceable agreement is by no means easy ( not impossible) but you have to know your mustard and research

thoroughly. Is My Agreement Enforceable - Useful

 

Check out the above thread and digest as much as possible.Also consult the CCA1974.

 

Andy

[BillyTommo]

So if they have failed to comply and the account is automatically in dispute then surely they cannot default then terminate an account that is in dispute?

 

Billy

[AndyOrch]

But they never knew it was in dispute (you never replied and stated that is not acceptable for reasons XYZ) I assume?

 

Andy

[BillyTommo]

But didn't you say that technically they have failed to comply? The fact that they have returned a document that is not a CCA when one has been requested surely means that they know they haven't complied. The last letter states that their client is still willing to listen up until court proceedings. Is it worth sending the "Account in Dispute" letter now?

 

Billy

[AndyOrch]

Yes they have failed but you never officially registered it as a dispute or informed them. So " So if they have failed to comply and the account is automatically in dispute then surely they cannot default then terminate an account that is in dispute? Hence their claim they was never told.

 

So you now have to mount a defence for the above reasons.There is nothing wrong in not putting in dispute by yourself some save it and wait for claim as you should do now.

 

Andy

[BillyTommo]

But if I inform them now, better late than never you could say, then they may reconsider the court action. If they are dealing with someone who knows his onions, or in my case am getting advice from people who know their onions so they think it's me who does, then they may "back off" a bit.

 

Billy

[AndyOrch]

Court Proceedings have been issued Billy, no point now, just try to defend it with what i have outlined, they may then seek settlement with you before its proceeds to trial.If you are not up to defending it then simply admit it and offer an affordable monthly payment.You will get a CCJ that way but i have outlined all your options.

 

Andy

[caro]

How's it going Billy?