Arrows/? Ordinary Cause - old MBNA card DEbt ***GRANTED DECREE OF ABSOLVITOR***

[dx100uk]

until/unless the people taking you to court provide an enforceable cca from THEM by post

they are stuffed.

 

dx

[oleg]

Hi Stress

 

Sorry you're going through turbulent health. Join the club.

 

You don't want the Opposition to actually come up with a copy of the CCA, do you?

You want to show the court that you requested but they failed.

So why chase Arrow?

 

And if you're using a solicitor, why would you want to give up now?

I'm sad you have to resort to paying a Legal but, given your circumstances, perhaps it's inevitable.

 

I just hope you're using someone who is experienced in this field.

Also hope he will tell you honestly if he believes you're flogging a dead horse.

 

Don't set too much store in the dramatic rise in interest rate. MBNA always do that [often to 35%] when they are about to dump you.

It can be challenged under the banking code and Treating Customers Fairly etc but will not undermine Arrow's substance of claim.

 

You said the SAR produced a photocopy of an agreement.

I presume you mean a generic / template document, without your name

. If So, that's a fair indication that the original may not emerge again

. If the only original they can produce is the signature slip they are, as d x says, stuffed.

[dx100uk]

forget anything sent from MBNA via your SAR.

 

 

the claimant must provide the paperwork.to prove their case

 

 

dx

[oleg]

All I meant to say as regards SAR was, if that produced nothing but an application slip and a photocopy of a CCA template, maybe Y K too would only be able to extract that much.

[dx100uk]

and is very much agreed.

 

Y+K are very much like reston

 

they pull every trick in the book.

 

prob why they've not mentioned the agreement at all

[IdaInFife]

forget about sending a cca to anyone now - thats in the passed

 

concentrate on court docs

[StressBall]

hi folks - so this is where I am now...

 

I lodged the notice of intention to defend with the court,

last Thursday - just sign and date the form 07 - nothing else.

Have made a copy and sent this to Y+K tonight, as it stipulated they were to get a copy too.

 

So, today, I've received a letter from the court, laying out the various deadlines for stuff

- I know have to lodge defences before 01.12.14 - NOT LONG.

 

I've spoken with a lawyer - and, quite rightly so, as I'm asking him to defend the non payment of a debt

- he's asked me to lodge £1000 to account in advance of fees.

 

I have my own business, I have some income, I've never missed a payment on the mortgage blah blah

- so would not qualify for legal aid, but as I was screwed over by a friend and business colleague, I'm skint.

The business is running on an overdraft, that is slowly reducing.

 

giving this lawyer a grand up front is not my first choice!

So could do with some serious help from you guys now...

 

I have a friend who qualified in Scottish Law, but has been working overseas in business law

- he's returned home now, but knows nothing of consumer law.

 

He had agreed to help me, but now I think he doesn't want to, sadly...Unless I can get some positive vibes and feedback from you guys

, and he can help me cobble stuff together, I may end up having to use a lawyer

- really don't want that expense - it's just adding to debt!

 

So... what now?

 

It is 80 days since Y+K signed for the CCA request - no reply.

 

My defence, quite simply, hinges on either them not having a CCA at all, OR the CCA being flawed in some way

- it was deemed unenforceable in 2010

- for this reason:

This is a breach of schedule 6.

By failing the contain all of the Prescribed Terms the agreement is found to be irredeemably unenforceable.

 

IF Y+K have the CCA, and aren't supplying me with this, then I cannot make a defence - right?

 

But, doesn't that mean that, for this case at least, that nor can they enforce anything,

and will have to go back and start again?

 

I'm just not sure of where to go from here

- will it be a case of lodging the defences and then turning up for the options hearing, which is set for 26.01.15...?

 

Can anyone lay this out in black and white for me please?

ANd help with the lodging of defences?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?421502-yuill-and-kyle-lowell-trying-to-seve-papers-old-littlewoods-debt-scotland

[StressBall]

cheers dx...

 

any links, or help, in how to write a defence to be lodged from anyone?

 

I have less than 1 week to lodge a defence - can anyone PLEASE help??

[IdaInFife]

Did you read any of the links previously given?

 

What have you got so far?

[StressBall]

Unfortunately, it is the busiest time of year for me

- so working every hour possible.

 

Have read some links - very similar in some cases. But, I fall down on how to format the defences

and answer the various condescendence

 

- that's what I need to do at this stage

 

- properly formatted defence,

 

and get it lodged for friday,

 

hopefully, as the final day is Monday.

 

Is there a template for this anywhere?

[IdaInFife]

There is no template for a defense as you have to answer/dispute the points in claim you have received.

 

The answers are within the links:

 

If you read this one you will see a good formatted defense

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?203294-Halifax-formerly-Bank-One/page2

 

IF you are going to defend this, you will need to make time and do some leg work.

 

Once you have written your defense you can post it up

[sgianthebard]

When I lodged my defence (I am in court tomorrow morning at 10am), all I wrote in the space was:

 

"I have not yet received documents vital to my defence which I requested under section 78 of the CCA Act 1974."

 

I don't think I even worded that correctly, but the clerk said it was fine and I have heard that the Sheriffs are understanding that we lay people aren't expected to be able to get every single word correctly stated in legalese.

 

I will go in tomorrow and if the pursuer turns up, I'll ask the Sheriff to dismiss as the pursuer has not supplied me etc etc. I'm going to read up a bit tonight on the penalties or repercussions for them to have not supplied me as required, and I may even ask the Sheriff to penalise them there and then.

 

Sheriff is likely to grant them time to produce the documents, but I'll ask the Sheriff to dismiss anyway as they have the adequate time laid out and didn't comply.

 

I expect to be back in court again once Arrow get the docs together, but I'll cross that bridge when I come to it.

[dx100uk]

cant argue with the truth

 

please keep us informed

 

there are two other people slightly behind you

 

and YOUR experience will be invaluable to them.

[StressBall]

sgianthebard - wee update?

 

how did things go today??

 

God, I hope it went well...!

[sgianthebard]

Stressball, it went exactly as I expected it would.

I don't want to say too much at present as I'm sure that DCAs etc read these threads.

PM me if you like and I'll give you a detailed rundown

[AndyOrch]

Why not post it here sgianthebard then others in the Scottish system can benefit.

..dont worry about who views what.

..nothing they can do.

 

Andy

[dx100uk]

yes please!!

 

its not fair to cag or anyone else

you came here for help

prob from a search engine of other threads

 

now return the favour!!

 

dx

[sgianthebard]

I don't agree Andy. The case is not over yet and the DCAs can glean valuable information on specific cases from here. So I'll hold off posting all the details until the case is finished.

 

dx, I fully intend to post how the case went, but I am not going to compromise my position until the case is complete.

 

I have reasons for this that I cannot post at the moment.

As for me using a search engine to come here - if you look at my registration date, you'll see I have been here for a number of years.

 

Some of the info from here is good, some of it is complete nonsense

. I have formed my own defence on this particular case with no help from here at all I'm afraid. The info/advice I have received here has been either incomplete or incorrect.

 

However, I will still post a full and detailed breakdown of my own case from start to finish once it is actually finished.

 

To ask me to put my case at risk by posting details on here which would assist my opponent is irresponsible and contrary to what this site is meant to be about.

 

If anyone who has a similar case to mine and would like to know more details, they are more than welcome to PM me.

[AndyOrch]

Fair comment I wasn't aware it was not concluded.

 

"I don't agree Andy. The case is not over yet and the DCAs can glean valuable information on specific cases from here. So I'll hold off posting all the details until the case is finished."

 

Regards

 

Andy

[StressBall]

DX - wee bit help, if you know this...?

 

I lodged defences in time, well a day late,

but that was due to the court being closed for a holiday.

The clerk assured me, at the time, this was OK.

 

However, I've now been served with a form G7

- intimation of motion,

 

asking for the court to discharge the options hearing,

on the grounds my defences weren't lodged in time.

 

I've called the court and, again, they've confirmed that the defences were lodged in time.

 

But I still have to go thru the motions of defending this new action,

which I'll need a wee bit of advice on - come to that later...

 

HOWEVER - MY QUESTION IS THIS:

I didn't send a copy of the defences to the pursuer's solicitor yet

= should this also have been sent by the same deadline for lodging defences??

 

Can someone please advise ASAP please?

[IdaInFife]

I will check but am sure you only send your response to the court and then they send a copy to the pursuer.

[sgianthebard]

^

 

Correct. you are under no obligation to send anything to the pursuer or their agent unless they request documents that you intend to use in court as part of your defence.

[StressBall]

hey guys - wee update,

in case it is of any use to others in the same boat.

Sorry for the absence, but with the holidays and a busy start to the year it's the first chance I've had.

 

as the court was closed when I submitted my defences,

Y+K saw fit to enter a motion,

asking for the court to discharge the options hearing,

on the grounds my defences weren't lodged in time.

 

The court agreed that the defences were lodged in time,

but I now had to go thru the motions (see what I did there!)

to defend this motion to discharge the options hearing.

 

I consulted a solicitor and he has, since, attended court on my behalf,

with Y+K agreeing to a sist in the case until legal aid is applied for.

 

They haven't got the paperwork, and I know it, to back this case up,

it's going to get dragged in and out of court, raking up fees that are entirely unnecessary

- and once these get to a certain level, I am certain that they will capitulate.

 

Now, on another matter,

I received ANOTHER Ordinary cause action yesterday.

This time from Nolans on behalf of Cabot who have bought the debt from Opus (haven't heard of them until now)

who were assigned this card from Citi. And along this 'chain of command' I've not had any notice of assignment etc...

 

I'll be defending this one too, in the same way, but quick question

- it is nearly 5 years since I had dealings with Citi,

and Nolans states in their letter/writ that ALL correspondence must go thru them.

 

I will need to SAR and CCA for this card,

and I know that the SAR usually goes to the initial lender,

but in this case, as they seemed so insistent that all correspondence go thru them,

should I just SAR Nolans??

[AndyOrch]

If you could start a new thread Stress for the second cause of action.

 

Regards

 

Andy

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441481-Nolans-cabot-opus-citi-ordinary-cause