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1st Credit & halifax credit card debt - Claim form REceived - help


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or a reconstructed copy of the orginal

 

legals not my strong point.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi folks,

 

I've had no reply from my CPR request, so I need to look at sorting a defence ASAP as 28 days is up on Friday.

My main points are that I haven't had anything near a decent copy of the original agreement and that the DN didn't give enough time before the account was terminated.

 

Can anyone help with some wording?

 

Many thanks

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Are you allowed to use the word "b*llocks" in a defence?

 

No :lol:

 

What was the date of issue of the claim form, please ?

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Your s78 request should have provided you with..

 

copy or truthful reconstruction of the agreement.

 

terms and conditions from both inception and current or at default.

 

statement of account showing any default charges.

 

Did you receive Notice of Arrears from 2008 - these should have been sent at least once a year.

 

What was wrong with the Default Notice ?

 

andyorch has been alerted to your S.O.S and will look in as soon as he can :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitBDate

 

of issue is 6th September - I've just checked I have until Wednesday

 

.Haven't had anything back from the Solicitor at all.

 

The DCA sent through a recon without half the important info on like my name or the date.

 

DX100 suggested earlier that because it's a pre 2007 agreement they'd need the original to take me to court.

 

The DN didn't give enough time to rectify the arrears and they terminated the account before the date on the DN.

 

I'm not aware of any notice of arrears - I've not looked for them though.

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So I've still not had anything back from the solicitors and Wednesday is my deadline.Do I just go with a "I have seen no proof of an agreement, account was terminated incorrectly" defence, or a holding defence with a view to amending it later?

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  • 1 month later...

Nothing yet. I put in a short defence saying there was no agreement and no response to my cpr request. Got confirmation from the court and heard nothing else at all. If anyone knows when I should apply to have it struck out I would be very grateful! The last case I had took almost a year after submitting my defence before it arrived in court.

 

Hi, been watching this thread, is there any updates?

 

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  • 4 weeks later...

So they cant respond to your CPR requests and if you dont make an offer of payment then they will make application for Summary Judgment to strike out your defence.

 

The other part is a change of Solicitor and also a change of claimant ( apparently they have 4 versions of their name now)

 

Regards

 

Andy

We could do with some help from you.

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Yes wait until they make application (you should be informed by the court) for SJ then you can submit your own WS in response and objections for the reasons you feel and why your defence has merit to proceed to trial.

You should submit this not less than 7 days before any hearing when confirmed.

We could do with some help from you.

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OK, sounds fairly straightforward. Is it worth replying to this letter and informing them I intend to dispute the summary judgement and proceed to trial?

I haven't dealt with a summary judgement before - does an actual hearing take place that I would need to attend?

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Yes it does involve an hearing and no do you dont need to respond...they have yet to make the application.

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 OTHER

 

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

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Im sure the timing is relevant...its the last throw of the dice before they must complete their DQ and pay the fee...hence the threat of SJ.

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 OTHER

 

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

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