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Strike out application


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I don't think there'd be a template. What's the story and why do you think it should be struck out?

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Advice & opinions given by Caro 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.

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Thanks for reply - they've filed a claim in July, and despite two requests for a signed copy of the Credit Agreement as per these notes:

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

They have not done so, so I am writing to the court requesting they strike the claim out for lack of evidence

 

Thanks

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Did you put in a defence?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I haven't put anything in yet, beyond acknowledging the claim and requesting all this information so that I can form a defence.

They haven't provided anything, so I cannot form a defence as yet...

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You will need to apply for a strike out using an N244 and pay the appropriate fee.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I haven't put anything in yet, beyond acknowledging the claim and requesting all this information so that I can form a defence.

They haven't provided anything, so I cannot form a defence as yet...

 

If the claim was sent in July you are well past your time to defend unless you have got an extension agreed by the court.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I haven't put anything in yet, beyond acknowledging the claim and requesting all this information so that I can form a defence.

They haven't provided anything, so I cannot form a defence as yet...

 

surprising they havent then applied for judgment there being no defence.

it must be stayed then. what is the status/details nporter.

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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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