TBI Claimform - Old HFC Loan

[gust]

TS contacted them and this was their reply,

 

We disagree with your ascertain that the reconstituted Agreement provided is not enforceable under the Consumer Credit Act 1974. We refer you to section 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983, which refers to true copies, in particular sub-section (2)(b) which states that the signature. can be omitted from the Agreement.

 

As these regulations came into operation on 19/05/1985, the do apply to the agreement which commenced in mid 2005. defendant also referred to the decision in Carey v-HSBC (2009), which confirms that a true copy could be a reconstituted version of the Agreement.

 

We can only assume that your mistaken belief that agreements entered into before the 7th April 2007

cannot be reconstituted as they would not contain a signature, relates to section 15 of the Consumer

Credit Act 2006 which repealed the “irredeemably unenforceable" provisions in Section 127(3)~(5) of the

Consumer Credit Act 1974 and commenced on the 6”‘ April 2007.

 

 

 

Can some one explain what they are on about and best wording to defend this?

as i thought this would be unenforceable at law due to the dates mentioned above.

 

seems they are trying to mingle to things into one?

 

 

thanks

 

[AndyOrch]

The 1983 Regulations state what form an agreement must take. The CCA 1974 states what a creditor must send if you request a copy of that agreement. If they fail to do so, the account goes into default until such times as they do. The point of asking for a copy of the agreement is to ascertain whether or not they have an enforceable agreement. Section 77/78 of the CCA 1974 is quite specific about what they must provide you with on request.

 

The Consumer Credit (Cancellation Notices and copies of Documents) regulations 1983 (SI 1983/1557) is only applicable in conjunction with The Consumer Credit (Prescribed Periods for Giving Information) Regulations) 1983 (SI 1983/1569) and are only applicable to the Consumer Credit Act 1974 sections 58,62,63,63 and 64. Your request is a statutory request made under the Consumer Credit Act 1974 section 77/78 and therefore the copy of the credit agreement requested must be a true copy of the fully executed agreement

 

It is not unusual for a creditor or DCA to try and bamboozle you with science to cover the fact that they cannot provide the original agreement.

[gust]

I filed my defence on sunday for 18th. Forgot to sign it and write statement of truth on it. They returned it, signed and returned. Now today it was returned again and they say they cant accept it as its in default judgement.

 

What now??? Still havent had re issued court papers with mcol stuff. So getting nowhere

[AndyOrch]

Good Morning Gust

 

Never rains then it pours.....have you received Notice of the Judgment yet? You have a limited time to set a side a Default Judgment...more paperwork and aggravation Im afraid unless you call CCBC and explain that it was purely down to error and being LiP.

Technically the defence was received on time and Im sure allowance should be made with no cost to yourself.They allow errors for the big boys and turn a blind eye.

 

Regards

 

Andy

[gust]

Hi andy. Only notified via email so far. How do I set aside? Cant search well on my phone at the mo. This is total headache

[Old Cogger]

Court form N244

[gust]

Court form N244

can this be emailed to them?

Ta

[AndyOrch]

No but dont make application yet until you speak to CCBC...and question why the default Judgment was placed.As per my post # 311

[gust]

letter arrived from CCMC

 

to defendant

 

you have not replied to the claim form

 

it is therefore ordered you must pay the claimant £xxxx for debt (and interest to date of judgement) and £375 cost

 

you must pay £xxxx forthwith.

 

 

TBI also written

 

interest payable after a judgement

 

the notice is being given to you because a court judgement has been obtained against you in relation to the agreement. under the agreement we are allowed to continue to charge you interest on all the sums which the judgement states you owe us

 

this notice is to advise you that we intend to charge you interest, the rate 8% per annum on the judgment debt of £xxxx

 

interest will be charged from the day of this notice (i.e. when the notice is deemed to have been delivered to you in the post onwards.

 

 

 

OK. so i need to get a set aside sorted.

 

questions

 

1 - i sent A.O.S. to solicitor as it said on the form to - was it THEIR job to pass this to the court that i extended to 28 days? or mine? as i assumed it was their job and they DIDNT notify the court.

 

2 - STILL have not been sent a real claim form stamped with the court seal! so still cant get on MCOL.

 

3- i filed my defence on the 17th as i was told by the solicitors in writing I had to the 18th. (forgot to sign so rejected)

 

4 - Court told me I was already out of time on the 4th.... is this my own fault? or the solicitors?

 

5 - how long have i got to set aside? I have a N244 printed off here so need to know how long i have got

 

thanks

[dx100uk]

unles the judgement says they can charge post judgemental interest they cant.

 

dx

[gust]

only says what my post #316 on the judgement

 

just phoned ccmc - set aside is £80  

 

on the N244 it asked me who should be served with this application?

 

do i put TBI or the name of the solicitors dealing with this?

 

thanks

 

I need to sent n244 today. I will send evidence I sent it before the 18th. Should I be sending my defence with this? It also says I need to send extra copies for other parties. Do I do this just for tbi or do I have to incude ascot lawyers also? Thanks

 

sent n244 with defence and and evidence of errors

 

just checked all 3 CRA's - showing CCJ on all 3 already

 

set aside granted and also court sent me some real copies of the claim forms.

 

Looking at the aos sheet there is a blank section for me to write my address in for docs to be sent to me....

 

The one I got from the lawyers was totally different and had their address typed in

 

..which I thought was court produced so sent aos to the lawyers.

 

Seems like a devious act possibly??

 

no wonder I sent it to the wrong place

[dx100uk]

great news!!

 

dx

[gust]

i thought so too

 

luckily i photocopied the AOS that ascot sent me before i sent it back to them to acknowledge. I sent it with my n244 so the judge now nows why i didnt send it to the court and only to them.

 

 

the court letter:

 

deputy district judge considered the papers in the case and ordered that;

 

1 the judgement entered against the defendant in default of the filing of an acknowledgement of service and/or defence is set aside

 

2 the defendant must file a defence within 14 days of the date of service of this order on the defendant.

 

I dont quite understand 2.... i must serve on myself?!

 

i sent my defence with the n244. would the court accept then that I have already sent it??

 

thanks

[Ganymede]

i thought so too

 

luckily i photocopied the AOS that ascot sent me before i sent it back to them to acknowledge. I sent it with my n244 so the judge now nows why i didnt send it to the court and only to them.

 

 

the court letter:

 

deputy district judge considered the papers in the case and ordered that;

 

1 the judgement entered against the defendant in default of the filing of an acknowledgement of service and/or defence is set aside

 

2 the defendant must file a defence within 14 days of the date of service of this order on the defendant.

 

I dont quite understand 2.... i must serve on myself?!

i sent my defence with the n244. would the court accept then that I have already sent it??

 

thanks

 

 

Probably a typo.

[AndyOrch]

" Set aside granted and also court sent me some real copies of the claim forms."

 

3 Days Gust so swift....... that's because it was their error..... hope you didn't pay for the application? .... as advise in my post #311 & #315 ?

 

Regards

 

Andy

[gust]

I phoned about it and was told I had to pay 80. Letter says I have 14 days from letter ? I sent defence with n244. Is that acceptable? Ta

[AndyOrch]

Jobs worth being pedantic ...they could of accepted the defence and just asked you resubmit with the SoT..instead of applying default judgment. Check that they have got your defence attached to the N244 and is that now acceptable.

 

Regards

 

Andy

[gust]

phoned today and defence accepted with n244.

 

I asked for 80 refund as their fault with aos.

She said send in allocation sheet?

Whats that.

Im still waiting for it.

 

My counterclaim fee is 95 quid which i must send.

 

Ps what would the 35 quid refund be for

[AndyOrch]

Disregard the refund Gust it now just an £80 fee

[gust]

Evening

 

received set aside and they sent me my £80 cheque back i have till 18th to file counterclaim..

 

. so could use some help on that! the fee is £95 mostly for unfair charges around the 2K mark. Now TBi own this debt then my counterclaim is against them isnt it?

 

I asked for proof of any payment to tbi and all i was sent was a spreadsheet type letter - no reciept type proof. is this enough?

 

I have an allocation form here to fill in too but have a little more time than the counterclaim

 

I have done the PPi reclaim spready and unfair charges with compound interest. What covering letter would I need to put with this? I was sold the PPi telling me the loan would have failed the credit check without it and taking it would increase my chances of the loan

 

Also C.A.B. told me that it was a bank churn loan as the loan was to settle an older loan but I wasnt given an early settlement figure and it cleared the whole amount.

 

not sure how to layout counterclaim and dont wanted it rejected!

 

any help please

[dx100uk]

ok so it was a refinance of an earlier loan

if so have you got those statements i forget did you sar HFc [your claims goto HFC]

 

dx

[gust]

yes I have sar - but HFC destroyed old acc

 

the claims goto HFC? is it aceptable as a counterclaim then? (as i thought this was against the claimant who is TBI)

[dx100uk]

well the reclaims goto HFC , but as you are using these to counter the claims by TBI, you can include them in your court stuff

 

just puts the demanded balance into serious despute.

so hence another nail in their overall claim coffin.

 

dx

 

dx

[gust]

i did as thats what i thought i had to do to get 28 days instead of 14

 

just to add - the AOS had ascots address typed in already and It looks official so thats why i sent it - would this be why the judge set aside and also returned my £80 cheque?

 

It is now costing the claimaint £220 for allocation. Is this usual or because of what they did to me?

[AndyOrch]

just to add - the AOS had ascots address typed in already and It looks official so thats why i sent it - would this be why the judge set aside and also returned my £80 cheque? No because there wasnt an hearing for your set a side it was their error.

 

It is now costing the claimaint £220 for allocation. Is this usual or because of what they did to me?

No its usual