Bank of Scotland & Blair Oliver & Scott - now SCM Court Claim - help!!

[AndyOrch]

But have you actually received them ..........it states there was a DN on the DSAR which you never received.

[jillee55]

Yes I have received NOAS the DSAR only shows NOD date 10/08/05 but no mention of it being issued and no Default charge, admin arrears charge on 11/08/05 £25, 09/08/05 agreement re-leased,

[AndyOrch]

" DSAR only shows NOD date 10/08/05 but no mention of it being issued "

 

Didnt start until 2008 jillee

[jillee55]

what do you mean Anyorch, if Default started 2008 it would still show on CRA files

[AndyOrch]

Lines crossed I was referring to the Notice of arrears Sums...so they are listed 6 times and you received all 6 of them.

[jillee55]

I have received them just can't find the 2008, am sure I must have received it

[AndyOrch]

Oh well thats about the only point I had left to give you the slightest chance of a defence.

[jillee55]

:oops:Oh no, I will have to file some sort of defence,

[AndyOrch]

I cant see one with any merit..... jillee I have pointed all the usual mistakes...very rare for a Claimant to have followed process 100%.

 

What are your thoughts and reasons for defending initially?

[jillee55]

No DN served, F&F settlement at 47pence in the pound Oct 2007 declined when all my other creditors accepted F&F settlements, numerous settlement amounts offered me by BL, OL,& Scott but I could not afford to pay lump sum, incomplete DSAR, unfair treatment from BL, OL, & Scott (harassment), to which I received a letter of apology to my complaint along with a £35 payment in recognition of the upset caused from BOS. so if I can file some kind of defence the case may be put to mediation and I can try a F&F settlement

Edited October 8, 2013 by jillee55

[jillee55]

I have just been reading through ICO guidance notes and I am not sure now if a DN should ever have been issued if at the date of issue I had started the DMP

[AndyOrch]

Will I get a Default Notice?

 

By entering a DMP, your creditors can issue a default notice as you are defaulting on your original credit agreement. That is, although you are making monthly repayments, the payment is likely to be less than you originally agreed to pay when you entered the original credit agreement.

 

If you receive a default notice, it doesn't automatically mean the creditor is going to take legal action. The default will appear on your credit file for 6 years from the date it was issued.

[jillee55]

:oops:OK I still need to file some kind of defence so that they don't get an automatic Default judgement and so I may be able to request mediation, so if I make an embarrassed defence based on the POC DN issued but not served and I that I have been unable to obtain any form of a DN ie: copy of what may have been issued ect will that suffice.

One VERY TINY error I have found on credit agreement and POC (probably not even worth a mention) with date.

Edited October 9, 2013 by jillee55

[jillee55]

OK today is the day to file my defence

CPR 15.6

 

Service of copy of defence

 

15.6 A copy of the defence must be served on every other party.

(Part 16 sets out what a defence must contain)

 

stupid question:- does this mean I have to send a copy of my defence to the solicitor and BOS

[AndyOrch]

You can input your defence using the MCOL website there is a password on your summons which you can use once you have registered with the http://www.gateway.gov.uk service.This will provide a username.

 

Northampton will serve a copy of any defence to the claimants once submitted.

 

Regards

 

Andy

[jillee55]

Thanks Andyorch I am just completing my defence, I rang the court earlier this morning to clarify. and in gratitude for the help I have received from you all I have made a donation.

Once again Thankyou you are great team

[AndyOrch]

Post up your defence jillee before you submit and I will give it the once over to make sure its CPR compliant.

 

Many thanks for the donation on behalf of CAG

[jillee55]

HI andyorch I have not finished yet but here is first bit I am still pondering over no default notice and incomplete DSAR, getting very nervous as it has to be submitted by 4pm and I had to stop what I was doing because I had a visitor

 

I xxxxxxx am the defendant in claim xxxxxxxxx and makethe

 

following statement as my defence to the claim made by BankOf

 

Scotland plc.

 

 

 

1. I neither deny nor admit to the amount due to the

 

Claimant of £8xxxxx

 

 

 

2. I admit to entering the Credit Agreement numberedxxxxxxxxxxxxxx

 

with the Claimant, but ask that the claimant correct the date of

 

the agreement being made, to comply with the date stated in the

 

Claimants Terms and Conditions of said Agreement

Edited October 9, 2013 by jillee55

[AndyOrch]

Here is one of my drafts to give you an idea :-

 

Defence

 

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the MBNA Europe Bank Limited the Defendant did not enter into any Agreement with the Claimant.

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice pursuant to the CCA1974 which precludes the claimant from any enforcement or relief.

3. Paragraph 3 is denied the Claimant has failed to serve any Notice of Sums Arrears since assignment pursuant to the CCA2006 amendments (sec 86C ) and precluded form adding any interest or seeking enforcement or relief and the Claimant is put to strict proof to:

 

(a) show service of a valid Default Notice and proof of delivery

(b) show how the Claimant has legal right by way of the Credit Consumer Agreement and Terms and conditions applicable; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers that the incorporation of such claims is penal and unenforceable at law.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[jillee55]

OK ANdyorch think I need to tweek it a bit then I am actually copy pasting as I am typing it in

[jillee55]

:-(Hi anyone tried to submit my defence at 15.57 with a deadline of 16.00 the MCOL site had logged me out probably because it took me so long. by the time I had logged back in and submitted it was 16.03 PLEASE tell me I was not too late and that it will still be accepted. It did say it was successful, I will ring MCOL tomorrow to make sure and explain.

Edited October 9, 2013 by jillee55

[AndyOrch]

It will be fine jillee did you print off your receipt as proof of submisson?

[jillee55]

I printed a copy of the defence after my submission but the details (date time ect.) of submission are all there saved to my MCOL account. PHEW what a day I vow to never be on the minutes again I must now prepare for the next stage. Will Keep you posted

Once Again Thankyou

[citizenB]

I think you have until midnight

[jillee55]

Quick update

Letter received today Defence acknowledged by CCBC, a copy is being served on the claimant who will have 28days after receipt to respond.