On a DMP for 9 years - now being taken to court

[sleepless123]

Ok thanks for that citizen b.

So if I give them the extra time and they still cannot produce the papers what would my defence be then?

[citizenB]

Ok thanks for that citizen b.

So if I give them the extra time and they still cannot produce the papers what would my defence be then?

 

It could possibly mean they would discontinue if they do not have the information that would support their case.

[sleepless123]

So if I file a defence by 10th June and one of the points I make is that they have failed to supply the relevant documents, what legal terminology should I use? Should I quote parts of the Consumenr Credit Act or keep it in layman's terms (which I am!)

 

Thank you

[Lilythepink]

watching this thread, as I am waiting for this to happen to me. Good luck sleepless123

[citizenB]

So if I file a defence by 10th June and one of the points I make is that they have failed to supply the relevant documents, what legal terminology should I use? Should I quote parts of the Consumenr Credit Act or keep it in layman's terms (which I am!)

 

Thank you

 

If one of the points is that they have not complied with a CCA request then you would say something like..

 

 

The Claimants pleaded case is lacking the most basic facts and detail such as dates of demands made by the Claimant, date of default, date of service of notice of assignment, date of service of default notice and date of agreement, which has alleged to be breached. This information is fundamental to the Claimants case, yet no details are offered or pleaded.

 

or

 

A copy of the written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. Despite a previous request made prior to the issue of the claim, under the Consumer Credit Act 1974 and on payment of the statutory fee of £1.00, the Claimant is still in breach of the s78 request. A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement on which the claimant is basing their claim.

 

[Lilythepink]

what happened?

[citizenB]

Yes, it would be nice if the OP could update the thread, even if only to say there is nothing happening

[sleepless123]

Hi there CitizenB and Lilythepink and thanks for remembering me ......

 

The update is that

 

I submitted my defence and about a month later

 

I heard back from them ( with a copy of the signed credit agreement) saying that they would not pursue the claim

given the length of time I had been on the DMP.

 

They added a caveat that should I ever reduce the monthly payment or stop paying

they would reinstate the court proceedings.

 

Am very relieved!

 

Thanks so much for all the advice and support.

[DonkeyB]

Did they officially discontinue, or just leave the claim stayed?

[DonkeyB]

And did the supplied CCA meet the required criteria? It’s more likely they gave up because they realised they have bought a lemon...

 

You might want to scan and show us what they have sent.

[sleepless123]

I haven't had anything official from the court - does this mean they can come back at any time? Will have a go at scanning the doc - I hadn't thought that the agreement might be iffy!

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[renegadeimp]

Check your credit file and ensure there isnt anything on there. Just because they cant enforce it doesnt mean theyre not low enough to get a ccj out of spite.

[DonkeyB]

It’s great that you wanted to keep paying via your DMP, but if they want to play dirty, so can you. Frankly, when they behave like this, they don’t deserve a penny.

 

They’re making it sound like they’ve done you a favour. They have not. Any decent judge would have seen you had entered into a DMP, that it had been accepted and paid on time, every time, and there was little need for a court claim. It may also have been the case that there was no trace of a default notice being issued prior to court action, given the age of the account.

 

They are not your friends.