drydens apply to remove stay re: Sygma bank. help requirred

[bigboysmithy]

Today my wife received a package from Drydens with a copy of an application to remove a stay and proceed in court.

 

 

It was stayed on the 28th Dec 2013 after they never came back to court following sending our defence.

 

 

Brief outline wife got cancer credit card unhelpful when couldn't pay so didn't pay.

 

 

Sygma bank wouldn't supply information asked for and issued default.

 

 

drydens also wouldn't supply info but eventually supplied copy of agreement

which we noticed although signed by my wife it was unsigned by the bank.

 

 

I am defending the case under POA as my wife is still having treatment and is suffering from depression.

 

 

We were defending on the agreement unsigned by the bank and not being supplied with evidence of the debt.

 

 

Today I noticed the copy of the default notice drydens enclosed is different to the actual default notice we received.

 

 

They are even dated 2 days apart.

 

 

Also does a default notice have to tell you the outstanding balance?.

 

 

I have attached both notices.

[dx100uk]

ok you appear to p'haps be getting help or reading Freeman of the land sites?

paperwork does not have to be attached to the claimform.

 

 

the more important thing about those DN's is the difference in the amount required to bring the account into the black by 2nd sept

 

 

however, regardless to that, it is apparent that you 'were' in arrears, the amount is probably not relevant.

 

 

the fact that the CCA is not signed by the bank is not worth arguing about

the DN is not worth arguing about.

 

 

if the CCa is signed by her, and it has the CORRECT T&C's for the time she signed it,

then not a lot you can do really?

 

 

bottom line here is DID SHE have the card please?

if she did

I cant objectively see any credible defence to run with now.

 

 

what is being claim

 

 

have you looked at PENALTY fees and PPI?

 

 

anything to negate the amount might help

 

 

i'll let the more knowledgeable ones comment further I think.

 

 

I AM NOT legal minded.

 

 

history of the debt might be useful.

did you even sar the original creditor?

[bigboysmithy]

I have been doing a bit of research and believe the default notice dated the 12th August copy sent by drydens

does not conform to the consumer credit act,

no address of crediter and no mention of legel action.

 

 

The one dated the 14th is what I believe to correct their mistake but I understand that once a defaullt notice is issued incorrectly you cannot just issue another one. Advise on this would be great.

[bigboysmithy]

drydens fairfax have just applied to have a stay lifted and proceed in court. we were sent 2 default notices 2 days apart. The 1st one i believe does not comply with the consumer credit act, no crediter address and no mention of legal action. The 2nd one amends these points but the figure is different. I believe that if a default notice is incorrect they cannot send a new one out. Any help or advise would be great as not sure if this is right.

[dx100uk]

as post 2 I'd forget the DN issues.

 

 

please answer the questions asked

 

 

 

 

dx

[dx100uk]

keep to one thread please

 

 

dx

[bigboysmithy]

dx100uk yes she did have the card and i have had a bit of help via freeman of the land sites and read stuff on here. i don't have any legal knowledge so just trying to learn from others.

[dx100uk]

well don't follow the FoTl twaddle

 

 

you'll end up in a worse state.

 

 

have they supplied the signed CCA then and the CORRECT dated T&C's

 

 

 

 

 

 

dx

[havinastella]

When was the card taken out.

 

What was their POC on the Court papers?

 

What was your defence?

 

How much is being claimed?

 

When was the last payment made and to whom?

 

Are there any charges? PPI?

[Alloyz1]

I think the OC not signing the agreement is going to be a tough one to get by a DJ.

 

But if you do go with that I would probably state something along the lines of 'The OC did not sign the original agreement contrary to consumer credit (agreement) regulations- reg 2 and schedule 5, paragraph 1 'the creditor’s signature did not appear in the form of a signature box prescribed by that paragraph'. That is subject to s127 (3) of the CCA 1974.

 

In Carey summing up un-executed agreements are dealt with at para 26 and 27:-

 

26- The signed application form, detached from the booklet, is then sent to Barclaycard. If it approves the application, it signs the form as well. At that point there comes into existence an executed agreement.

 

Therefore suggesting before the creditor signs the agreement it is un-executed.

 

27- In this example, the un-executed agreement does not become executed when signed by the debtor because it has to be signed by the creditor after receipt of the application form. So s62 (1) applies. Here the s62 duty will be satisfied by the provision to the applicant of the booklet from which the form was detached. All of the terms of the prospective agreement are at pages 6 to 9."

 

Was there a booklet in your case with all the prescribed terms or just an application form?

 

Also s189 of the CCA defines an un-executed agreement as “ un-executed agreement “ means a document embodying the terms of a prospective regulated agreement" therefore your agreement was un-executed and only a prospective agreement.

 

I still think it is a weak argument though and the DN can be rectified by sending a compliant one because the original agreement cannot be terminated on the back of a faulty DN, so the agreement is still live and a new and compliant one can therefore be issued under the agreement.

 

A

[bigboysmithy]

the card was taken out in july 2008 and

 

 

the last payment was may 2013.

 

 

the claim is for £1950.

 

 

There is no ppi.

 

 

The defence was based on it being unsigned by the creditor and the default notice not showing address of creditor

outstanding balance and no mention of legal action.

i will put the terms and conditions on here.

[bigboysmithy]

The agreement

[dx100uk]

and the rest of the T&C's?

 

 

dx

[bigboysmithy]

and the rest of the T&C's?

 

 

dx

That's all we have been sent